Los Angeles County Criminal Lawyer Blog

This is the final part of a three-part blog series covering the laws surrounding chemical test refusal in Southern California. Please read the previous entries for more information regarding this topic.

Being convicted of driving under the influence of alcohol (DUI) in California can result in serious penalties such as fines, prison time, and loss of driving privileges. However, refusing to take a DUI chemical test can result in harsh punishments as well. In order to be found in violation of a refusal allegation in court you must first be convicted of DUI. However, even if you are not found in violation of a refusal violation in court, you will still suffer the consequences of at least a one year license suspension if you are found in violation of a refusal allegation at a DMV hearing.

California Vehicle Code Section 13353 outlines the punishments for anyone convicted of DUI and found in violation of refusing a chemical test. California chemical test refusal penalties will be imposed if one is found to have refused a chemical test and is convicted of DUI. Below is a breakdown of court penalties for DUI refusals for first time offender and offenders with prior convictions.

• First DUI With a Refusal - DMV license suspension for one year and a nine month alcohol program.


• Second DUI Within 10 Years With a Refusal - Two-year license suspension and 96 hours of imprisonment in county jail.


• Third DUI Within 10 Years With a Refusal - Two-year license suspension and 10 days in county jail.


• Fourth or Subsequent DUI Within 10 Years With a Refusal - 18 days in county jail
  It is important to note that the above penalties that stem from refusal allegations will be imposed in addition to any other penalties associated with DUI convictions.

Finally, if a person is convicted of a first time DUI or found to have willfully refused to take a chemical test, they will be prohibited from operating a commercial vehicle for one year. If a person suffers a second DUI conviction even without having refused to submit to a chemical test they will be prohibited from operating a commercial vehicle for the rest of their life.

Being found guilty of refusing a DUI chemical test can lead to many severe penalties that interfere with a person's life and goals; as such, it is important to quickly find experienced legal representation. The Southern California DUI Chemical test refusal lawyer, Daniel Kann, is dedicated to protecting his clients from severe punishments that result from such convictions. Call the Law Offices of Daniel E. Kann today for a free consultation on your case at (888) 744-7730.

This is part two of a three-part series on DUI chemical test refusal in Southern California.

Being asked to submit to a chemical test for driving under the influence of alcohol (DUI) can be an intimidating and unnerving process for many.

As such, it is important for all Southern California drivers to understand their legal rights and choices when it comes to chemical tests.

While it is against the law for a driver to refuse to take a chemical test after they have been arrested, there are choices concerning what test will be done.

It is important to distinguish a Preliminary Alcohol Screening (PAS) device test from a chemical test.

PAS tests are done prior to an arrest so that an officer can obtain probable cause for an arrest.

These can be refused prior to being arrested as long as a driver is not under 21 years old or on probation for a previous DUI conviction.

When arrested for a DUI, a person is legally obligated to take a chemical test under California Vehicle Code 13353, but is allowed to choose which test he or she will take in order to have their blood alcohol content (BAC) determined. The DUI chemical test choice is limited to what is available, as some may be unavailable at various police departments. The three types of chemical tests are:

• Breath Tests: The most common tests, these analyze a subject's alcohol vapor found in their breath in order to measure their BAC.


• Blood Tests: Seen as the most accurate of the chemical tests, a blood sample is taken by personnel at a hospital or medical clinic and analyzed by the police crime lab. This tests for alcohol content and any form of drugs.


• Urine Tests: Usually only used for drugged driving cases, but may be used when other tests are unavailable. Similar to blood tests, this measures a urine sample for a subject's BAC and any drug presence.

If you have been charged with refusing to take a chemical test in Southern California, it is important you find experienced legal defense immediately. The Santa Clarita chemical test refusal defense attorneys at The Law Offices of Daniel Kann are determined to help all who face such charges. Call (888) 744-7730 for a complimentary consultation by our legal team on your case today.

Understanding your rights under California DUI law is invaluable for every citizen of the state, no matter if they have ever been charged with driving under the influence of alcohol or not. When a driver is pulled over for suspicion of drunk driving, police will often perform a series of coordination tests to determine if the suspect is legally drunk. However, the most important step of this process is the alcohol chemical test, used to officially determine the blood alcohol content (BAC) of a suspect.

When a suspect is officially arrested by police, they are legally obligated to submit to a DUI chemical test in California.

Under California Vehicle Code Section 23612 (a) (1) (A), "A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense." This is known as the California Implied Consent Law and applies to all drivers in the state and is punishable by the law.

There are many reactions by a suspect that can be deemed as refusal, including:

• Clear and concise refusal, i.e. "No, I will not take a chemical test."


• An ambiguous response, such as "Only if I can call my lawyer first" or "I don't know."


• Silence as a response to repeated chemical test requests.

Any of these responses can be held in court as a chemical test refusal as long as they occurred after the suspect was arrested. Drivers are not required to take a chemical test in California prior to their arrest.

If you are facing charges for refusing such a test, the Santa Clarita chemical test refusal attorney, Daniel Kann, is here to defend you against your charges and the harsh penalties that come with them. For more information, call the Law Offices of Daniel Kann today at (661) 450-9678.

Please check back again soon for part two of this three-part series on DUI chemical test refusal in Southern California.

Local law enforcement made a big push during the end of the year to try to convince people not to drink in drive. The news media is reporting that officers attempted to make quite a few arrests for DUI in Ventura as the year closed and 2012 began.

Our Ventura DUI defense lawyers hope that everyone had a safe and enjoyable holiday season. But for many, the good time may have turned sour after being arrested by local or state law enforcement. An arrest can be frustrating, but it doesn't mean a driver should give up.

In fact, they should do the opposite and fight back. And the first step should be requesting a DMV driver's license hearing. This must be done within 10 days of a person's arrest, otherwise, they risk having no way to keep their driver's license. Within 30 days of a DUI arrest, the person's license will automatically be suspended or revoked.

What some people don't realize is that this is a separate hearing completely from the criminal case. If a person is convicted of DUI, they can lose their license for up to six months for a first offense, so the matter must be handled quickly and correctly.

A DMV hearing allows the defendant an opportunity to challenge the facts of the interaction with police and have a hearing officer determine whether the person should still be allowed to drive. In some cases, a person can still end up with a work permit license so they can still get to their job and home. In all cases, making the challenge allows a first look at the state's criminal case.

That hearing is different than the criminal case, where the state must prove that the person was actually driving while intoxicated. And according to the Ventura County Star, police made a serious effort leading up to New Year's Eve to make as many arrests as possible.

But despite the saturation patrol, it appears there were few arrests in Ventura. The newspaper reports police responded to more calls of crime. One arrest was made in Simi for DUI and another six DUI arrests were made by Los Angeles County Sheriff's deputies the Friday before New Year's.

The Camarillo Acorn reported that 16 DUI arrests were made going back to Christmas Eve in the county, a drop of one from the previous year's enforcement.

Another report out of Ventura County states that officers recently conducted a DUI checkpoint in Moorpark as a way to show residents police are serious about stopping drunk drivers. Police there admitted that they don't get many DUI arrests out of checkpoints, but use them as a way to get "a lot of public awareness on drunk driving." The county uses $150,000 a year in grant money to perform these DUI checkpoints.

Police constantly are trying to come up with ways to enforce DUI laws and typically use checkpoints and other tactics as public awareness campaigns that rarely have actual value in making arrests. But it is possible to get ensnared in one of these traps, which can have long-lasting effects.

If you are arrested, fight to keep your license and fight to stay out of jail by taking a hard look at the facts police intend to rely upon in making their case.

Continue reading "Ventura Police Were in Full Force Seeking DUI Arrests During the Winter Holiday" »

In conjunction with the U.S. Department of Transportation's (DOT) announcement of a crackdown on drunk driving across the nation for December, the National Highway Traffic Safety Administration (NHTSA) has released records showing California's record-low drunk driving fatality statistics for 2010. According to the NHTSA, California reached a new low in DUI crash deaths over the course of the year and had the largest reduction in DUI fatalities in the entire country.

In 2010, California had 791 alcohol-related traffic fatalities, constituting 29% of its total traffic deaths for the year. This is a decrease of 133 fatalities compared to 2009's 924 traffic deaths, a 14% drop. Statistics show that drunk driving fatalities increased in California every year from 1998 to 2005, but have decreased annually since then, according to The Los Angeles Times. The drop from 2009 to 2010 was the largest single drop in DUI deaths in 14 years.

However, California came in second in the nation for total 2010 DUI deaths, with Texas coming in first with 1,259 alcohol impairment-related fatalities. In total, the U.S. saw 10,228 fatalities occur as a result of drunk driving in 2010.

Drunk driving in California is punishable under California Vehicle Code Section 23152 (a), which states, "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle" and California Penal Code Section 23152(b), which states, "It's unlawful for any person to who has .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle." When drunk driving causes a death, it can be charged as vehicular manslaughter or gross vehicular manslaughter under California Penal Code Section 191.5 due to criminally negligent activity. If charged with vehicular manslaughter the driver can face 4 years, 6 years, or 10 years in prison if convicted. If charged with vehicular manslaughter with gross negligence the driver can face 15 years to life in prison if convicted.

The Valencia drunk driving defense attorneys at the Law Offices of Daniel E. Kann are dedicated to protecting the rights of those facing harsh punishments for crimes in California. If you or a loved one is facing DUI charges in Southern California, call our offices at (661) 450-9678 for a consultation on your case.

Sources:http://www.latimes.com/news/local/la-me-dui-deaths-20111214,0,7321517.story; http://www-nrd.nhtsa.dot.gov/Pubs/811554.pdf

As our Los Angeles DUI defense lawyers warned readers in November about the likelihood of stepped-up patrols during Thanksgiving, we are now warning you about the time before the Christmas holiday through New Year's.

Our lawyers wish you and your family a safe and healthy holiday season, but we warn that officers will be out in full force attempting to make as many DUI arrests in Los Angeles as possible. While the best option would be to not drink and drive, if you are arrested, it doesn't necessarily mean you will be convicted if errors were made.

In many cases of DUI in Los Angeles, improperly working breathalyzers can lead to dropped charges. Earlier this year, thousands of California DUI charges were dropped because breath test machines used around the San Jose area were faulty.

While there's no guarantee that a breath test has malfunctioned in a particular person's case, it is certainly an area of the state's case that must be considered. Whether poorly manufactured by the company or poorly maintained, these machines play a major role in DUI enforcement. In order for a person to be convicted, jurors like to see test results.

Most would prefer to know that if a driver's blood alcohol level was 0.08 or higher, the police will produce a test to show that. But if the testing is flawed, that creates debate, or doubt, whether the prosecution has enough evidence to convict. Simply saying a person was drunk based on actions doesn't necessarily prove he or she was drunk.

As we recently reported on our Los Angeles County Criminal Lawyer Blog, news outlets reported after the Thanksgiving holiday that DUI arrests in Los Angeles County were up, while statewide numbers were down from a year ago. Could that be because officers specifically targeted the Los Angeles area? If so, can it happen again this month?

Law enforcement likely will be attempting to match last year's numbers, as reported by the California Office of Traffic Safety.

In 2010, officers made 1,923 DUI arrests between Dec. 17 and Dec. 31. That was down slightly from 2009, when officers made 2,622 DUI arrests -- but the time period was Dec. 18 to Jan. 3, an additional two days. Still, there were more arrests per day in 2009 than 2010. The numbers were on the decline further from 2008, when officers made 2,713 DUI arrests.

While there's no quantifiable proof, it appears that drinking and driving is on the decline, which supports studies that have shown the act is down from decades ago, when it peaked.

Law enforcement will be stretched this holiday season, as the AAA Automobile Club of Southern California estimates that 7.13 million local residents will be traveling and 90 percent via their vehicles. Statewide, 11.4 million Californians are expected to travel 50 miles or more from their homes. The top destinations are expected to be Las Vegas, San Diego, San Francisco, the Grand Canyon and Disneyland.

Continue reading "Drive Safe This Winter Holiday Season as Los Angeles Police Will Seek DUI Arrests" »

A recent report found that the number of DUI arrests over the Thanksgiving holiday were up in the Los Angeles area, NBC LA has reported.

That comes as no surprise as our Century City DUI defense lawyers predicted before the holiday that the number of law enforcement officers on the roads would increase during that time period. In fact, we reported on the Los Angeles County Criminal Lawyer Blog that it was likely law enforcement would step up their patrols.

Being charged with DUI in Century City may seem commonplace to most people because it is the most commonly charged crime in the country. But it can be a life-changing experience for those who are arrested.

Unlike crimes such as burglary, larceny or drug crimes, DUI isn't a charge that people intend to commit. A person may have a few drinks at a family gathering over an afternoon, feel fine, get pulled over and have their life flipped upside down. Even not feeling intoxicated can lead to a DUI arrest if an officer believes you are driving while under the influence of alcohol or drugs.

Officers also frequently set up DUI checkpoints where they attempt to ensnare as many people as possible without having probable cause. While borderline unconstitutional, the U.S. Supreme Court has said police can do it because of the greater good.

But as a Beverly Hills police officer told city council recently, officers conduct these operations not for the arrests, but for the public relations campaign. They want to keep DUI in drivers' minds, which is why they dedicate thousands of dollars of state grant money, officer hours and other resources into doing them, even though they may only end up with a handful of arrests for DUI in Southern California and elswhere.

According to the NBC article, DUI arrests during the Thanksgiving holiday were up 10 percent in Los Angeles County compared to last year. However, statewide numbers were down 7 percent from 2010.

Between November 24 and November 26, 72 fewer people were arrested throughout California compared to the same time period last year. And there were no reports of fewer officers being involved in the effort. State and local law enforcement agencies were out on patrol.

These are arrests, not convictions. And while police like to boast about the number of people arrested, this doesn't mean every driver charged is guilty. In fact, it's possible that a majority of these people won't be convicted of DUI.

Through dropped charges, plea deals and not-guilty verdicts at trial, many of these drivers could end up keeping a DUI charge off their criminal history records. An aggressive approach to DUI defense is the only way to go. The penalties -- possible jail time, probation, fines and fees, alcohol education classes and other sanctions -- are too high to ignore.

And that doesn't include the possible loss of job, damage to reputation in the community and other non court-related sanctions that can affect a person's life. Lawmakers have made the penalties stiff in order to show their constituents they are tough on crime. But these tough penalties can also hurt the very constituents they are trying to impress.

The average person didn't intend to commit a DUI and may have felt fine to drive. But they can be tossed into a whirlwind after being introduced to the criminal justice system. If this is your situation, call today.

Continue reading "Thanksgiving DUI In Los Angeles Up, Reports Say" »

While Southern California drivers don't know what it's like to drive without major traffic jams, this Thanksgiving holiday week will be even worse.

The Los Angeles Times reports that the Automobile Club of Southern California predicted recently that 3.3 million drivers -- a 4.1 percent increase from last year -- will be on the go visiting family and friends. that includes 2.8 million drivers and another 400,000 via air or train. Nationally, 42.5 million people are expected to travel for Thanksgiving, an increase of a similar rate compared to last year.

What this also means is that more police officers, sheriff's deputies and California Highway Patrol officers will be out on the roads, as well. And that means a likely increase in Los Angeles DUI arrests.

Whenever there are major holidays, officers take the opportunity to step up patrols and seek to make as many arrests and ticket as many people as possible. When stuck in bumper-to-bumper traffic, accidents are prone to happen. And given the time people have off from work and the possibility they will be drinking with their meal, officers tend to consider DUI more than at other times of the year.

Our Los Angeles DUI defense lawyers urge everyone to drive safely this Thanksgiving holiday. It is about spending time with family, relaxing, and eating good food, not being locked up and watching your future take a major hit. if you are arrested and charged with DUI or another crime this holiday season, call one of our offices immediately.

The California Highway Patrol has already announced it will have additional manpower out on the streets, conducting a "Click it or Ticket" campaign from Wednesday to Sunday. But, make no mistake, officers will be looking for drunk drivers, as well.

Last year, patrol officers made 1,546 arrests for DUI during that four-day period. That was a six percent spike from 2009, the agency reports.

Even a first offense in California for DUI can lead to major penalties that are sure to ruin anyone's holiday. A driver convicted of DUI can face up to six months in jail, a driver's license suspension of six months, DUI school, a $1,000 fine and possible ignition interlock device installation and monthly payments.

These penalties can be more severe than someone who commits a pickpocketing or another planned out crime. DUI is typically a crime people don't wake up intending to commit. It is largely accidental, but treated harshly.

If you face this serious charge, call an experienced Los Angeles DUI defense lawyer right away. Your rights must be upheld at every stage of the proceedings. To ensure you get a fair trial, you should have experienced legal counsel to aggressively defend you from these charges. Enjoy your holiday and do so without picking up a charge. If you are arrested, we are here to help.

Continue reading "Los Angeles Expecting Major Traffic, DUI Enforcement For Thanksgiving Holiday" »

For motor vehicle operators in California, driving while impaired by any substance is a serious offense punishable by law. There are some distinctions between measuring the level of impairment due to the affects of drugs as opposed to alcohol that one who is facing this charge should be aware of.

According to California Vehicle Code 23152 (a), it's a crime to operate a car while impaired (or "under the influence") of alcohol or drugs of any kind. Drugs are described in the code as substances that can have an effect on a person's brain, muscle, or nervous system function.

These substances may include illegal drugs (like marijuana, cocaine, or meth), prescribed drugs (like Oxycontin, Codeine, or Vicodin), or even over the counter substances (like Nyquil, Tylenol PM, cough syrups, and others).

You are determined by the authorities to be operating a vehicle while impaired if a substance has compromised an individual's ability to the extent that he or she cannot perform like that of a sober person in a comparable situation.

In contrast to DUI offenses that involve alcohol where there is a specific legal mark for measuring an impaired adult driver's blood alcohol content (0.08 percent or higher), offenses for driving under the influence of drugs are measured on a case by case basis depending on the circumstances and the substances involved. Usually, a roadside examination is conducted by a drug recognition expert (DRE) who is trained to determine a driver's level of impairment due to the ingestion of substances other than alcohol.

Another important factor to remember is the act of driving while intoxicated is a separate offense from other punishable violations that may or may not be associated with an incident, including possession of an illegal drug (or intent to sell, if the amount of the drug possessed is over a certain amount). The offense of driving under the influence of drugs can be charged as a misdemeanor or felony in California depending on whether there are prior DUI convictions or whether the incident involved an accident resulting in injuries. Penalties include probationary discipline, fines of around $1,800 and up, license suspension, and possible jail time depending on the circumstances and your prior record. Navigating DUI drug charges can be extremely complex. If you're facing driving while under the influence of drugs charges in California, contact the knowledgeable criminal defense lawyers in Southern California at the Law Offices of Daniel Kann. Call (310) 593-2435 for a free case review today.

Halloween is among the most popular holidays for parties each year. While many fill their bags with candy, others fill themselves with alcoholic spirits. The mix of adult partygoers and pedestrian trick or treaters makes for an often dangerous dynamic on the roads. For that reason, the Los Angeles Police Department (LAPD) is ramping up enforcement efforts against drunk and impaired drivers this Halloween weekend.

The LAPD confirmed locations for two major DUI search zones, as well as what they call a "DUI saturation patrol". On Friday night, the check point will be held at Ventura Boulevard and Columbus Avenue in Sherman Oaks from 8:00 pm to 2:00 am. On Saturday during the same time, drivers will be checked at Hollywood Boulevard and Gower Street in Hollywood. And on Sunday (October 30), police will perform a saturated patrol of the Harbor Area, including Wilmington and San Pedro, from 2:00 pm to 10:00 pm.

The LAPD also offered the following advice to partygoers for Halloween:

• Use a designated driver. Arrange a safe ride home before you go out.


• If your designated driver becomes inebriated, call a sober friend or family member for a lift, take a taxi, or hop on public transportation.


• Don't allow friends to drive drunk. Confiscate anyone's car key who shows signs of intoxication.

Remember: there are likely to be more check points than these and police are not obligated to disclose all their locations beforehand. If you're facing DUI charges in the Los Angeles area, contact an experienced Los Angeles DUI defense attorney at the Law Office of Daniel Kann for experienced and aggressive representation. Call (310) 593-2435 for a free case review.

Source: http://laist.com/2010/10/29/lapd_to_hold_dui_checkpoints_this_h.php; http://www.dailybreeze.com/news/ci_19196458

For those under the legal drinking age of 21 years old in California, it's crucial to understand the state's law on underage alcohol consumption and driving. Like others states, California has what's referred to as a "Zero Tolerance" law, which can be interpreted literally to mean that any evidence of alcohol consumption in any quantity by underage drivers is punishable by law.

Under the California Vehicle Code 23136, if an individual under the age of 21 is found with a blood alcohol level of 0.01 percent or above while driving, he or she may be charged with either a civil or criminal offense. If an individual is under 21 and accused by the police of having consumed alcohol in the state of California, he or she is required by law to take a:

1. Preliminary Alcohol Screening Test (PAS), and


2. any other tests required by law enforcement involving breath, urine, or blood to determine BAC.

Punishment for having an underage BAC of 0.01 percent or greater can include:

1. a suspended driver's license for one year,


2. a denial of a driver's license for one year if the individual doesn't yet have one, and


3. one to three year driver's license suspensions if there are repeat offenses involved.

The nature of the California DUI offense is determined by the individual's determined BAC percentage. Nevertheless, the defendant has the right to legal representation. If you've been charged with underage DUI in the Santa Clarita area, contact the Law Office of Daniel Kann to make sure your case is handled properly and you receive the aggressive defense that you deserve. Call a skilled Santa Clarita drunk driving lawyer today at (661) 450-9678 for a free case review.

Sources: http://www.dmv.ca.gov/pubs/vctop/d11/vc23136.htm; http://dmv.ca.gov/pubs/vctop/d11_5/vc23612.htm

A recent study by the Centers for Disease Control and Prevention shows that drunken driving has decreased in the United States over the last five years.

U.S. News & World Report takes a different angle on the numbers, reporting that men make up about 81 percent of all drunk drivers, most of whom got behind the wheel after binge drinking.

The comprehensive study -- done by calling 210,000 Americans -- showed that the number of people who drink and drive in America has fallen drastically since 2006. Strangely enough, millions of people are arrested each year for DUI in Los Angeles and nationwide, despite the declining numbers.

Ventura DUI lawyers see people from all walks of life charged with DUI -- from school teachers to police officers to everyday construction workers and college students. It's a crime that doesn't take a well-thought out plan to commit. It requires a few drinks over a short period of time and perhaps an underestimation of the level of intoxication.

Yet because of the penalties -- possible probation, jail time, community service, fines and fees, ignition interlock device, DUI-related education programs -- and the out-of-court consequences -- injured reputation, job loss, added stress -- these charges must be fought aggressively.

The study found that drunk driving incidents are down 30 percent from 2006 to 2010 and in 2010 they were at their lowest level in nearly 20 years. While some may look at the time frame and say that they are down because of the economy, it's unclear if there's anything to back up that claim.

It could also be that people simply don't drink as much as the police would have you believe. Law enforcement has done a great job of making it seem as if people are driving drunk all over our roads and putting us in danger. They buy billboards, hold DUI roadblocks and take out television advertisements in a never ending public relations campaign about the dangers of driving under the influence.

And that's fine; people should be aware. But that doesn't mean that every person charged with DUI is guilty of DUI. The study looked at demographics, as well. It found that of the people called, men 21 to 34 made up 32 percent of all drunk drivers, though they only make up 11 percent of the U.S. population.

All told, men represent 81 percent of drunk drivers, the study found. It's unclear why that number is so high, but it must be noted that the numbers are based on only 210,000 people. While a large number, it's nothing compared to the country's population.

Regardless of the numbers, it doesn't matter whether a person is arrested, but whether they are convicted of the charge. Many people are arrested by police only to have the charges dropped once prosecutors see the problems with the case. Or, once an experienced Los Angeles DUI defense lawyer gets involved and starts pecking away at the evidence -- field sobriety testing, breath testing and officer's observations.

An arrest can cause a lot of damage to a person, so don't increase the problems by allowing the state to secure a conviction. Fight back if you've been charged.

Continue reading "Study: Drunk Driving in Los Angeles Down, Men Make up 81% of DUI Cases" »

Roadside chemical and sobriety tests are topics that receive a lot of confusion and misinformation from the general public. If pulled over by the police, is an individual required to submit to a sobriety test? Can a person refuse the test? Upon refusal, what are the consequences? These are questions which every California driver should know, as there are serious implications to DUI charges and arrests.

Similar to the majority of other states in the country, California law has a rule called "implied consent" (under V C Section 23612). This mandates that if a person is arrested for driving while impaired (DWI or DUI) in the state, he or she automatically relinquishes permission for the chemical testing of breath, blood, or urine, as it relates to police sobriety examination. Refusal of this kind of test following an arrest results in a mandatory license suspension. However, this rule is only applicable after you are arrested.

Highway officers may conduct a field sobriety test (FST) using a hand-held Preliminary Alcohol Screening (PAS) device to help determine whether an individual is intoxicated upon pulling them over. With exception of the PAS test for people under the age of 21, roadside field sobriety tests (FST's) are NOT mandatory. However, the other exception to the PAS being optional is if the driver is on probation for a prior DUI. Therefore, if you are under the age of 21 or are still on probation for a prior DUI, you are required to submit to a PAS test in the field; otherwise, the PAS is optional. On the other hand, "Chemical Tests" are never optional.

The laws surrounding a drunk driving arrest can be confusing, especially for individuals who are unsure of their legal rights. If you've been arrested for a DUI in or around Los Angeles, contact Los Angeles drunk driving defense attorney Daniel Kann for experienced and vigilant representation. Call 310-954-9356 for a complimentary case review today.

Beverly Hills police recently told its city council that the real purpose of holding an average of seven DUI checkpoints isn't to actually arrest people for DUI in Century City and the surrounding area. Instead, DUI checkpoints are held to increase awareness against drinking and driving.

While information of DUI checkpoint operations is sometimes hidden from the public, Century City DUI defense lawyers find it interesting that police departments statewide and nationwide use these expensive operations with few expectations of actually arresting people they stop.

As the Los Angeles County Criminal Lawyer Blog recently reported, three vehicles were impounded and another was impounded during a DUI checkpoint in Ventura.

DUI checkpoints are typically set up following events that involve alcohol or in areas of town where there are many bars or the likelihood that people will be drinking and driving. They are usually conducted on weekend nights, when more people typically are out and about.

Beverly Hills police told its council that the real purpose in holding checkpoints isn't to make arrests, but simply to "bring DUI driving to the forefront of people's thought process," according to a police department lieutenant.

Some facts provided by police:

• 25 to 30 officers staff these checkpoint operations


• The department holds an average of 7 per year


• They cost $10,000 each to operate, with money coming from state grants


• Locations are chosen based on past DUI arrest frequency


• Checkpoints average 2,223 vehicles, while only 1 in 5 -- about 480 -- are actually stopped and screened


• Three field sobriety tests are conducted, on average, at a checkpoint


• One driver gets arrested for DUI, 3.3 for driving without a license, 2.5 for driving with a suspended license and 0.3 for drug offenses, on average

That is a staggering amount of police manpower, time and money to spend on simply intimidating drivers. Perhaps some creative thought should go into a different type of public relations campaign if officers simply want to sear something into a person's mind.

For the people who get stopped and screened, they're no doubt terrified, even if they've done nothing wrong. Even a person who has had one drink could end up with an arrest if officers determine that he or she has been drinking and driving, even if under the state's .08 limit. Yet others who go unscreened -- the process for selecting who gets screened and who doesn't is unclear -- may get away with it.

It's a broken system, but officers don't seem concerned to fix it. Instead, they appear intent on taking state money -- from a cash-strapped, state-government budget at that -- and doing checkpoints once every other month. While they won't end up getting many arrests, at least they'll be able to scare the people they're sworn to protect in the process.

Continue reading "Beverly Hills Police Reveal DUI Checkpoints More Flash Than Substance" »

It's the last thing anyone ever expects or wants to go through - being pulled over by a police officer. Law enforcement in California was on high alert from August 19 through September 5 for the National Highway Traffic Safety Administration's (NHTSA's) drunk driving campaign, "Drive Sober or Get Pulled Over."

According to a recent article on redondobeach.patch.com, the 2011 Labor Day Crackdown consisted of high-visibility enforcement and public awareness messaging in regard to drunk driving. Extra DUI checkpoints and saturation patrols spanned about 98 percent of the state's population. The article states that seven people were arrested for driving under the influence during the Labor Day weekend in the Redondo Beach area. In addition, between 6 p.m. on Friday, September 2 and 6 a.m. on Monday, September 5, the California Highway Patrol (CHP) arrested 305 people in Los Angeles County.

There were four reported traffic fatalities in Los Angeles County this year, an increase from one death that occurred during the Labor Day weekend last year. In California as a whole, this year there were reportedly 1,399 arrests for DUI and 16 fatalities over the Labor Day weekend. Although these statistics are significant, it is possible that even more arrests and accidents took place.

Continue reading "Hundreds of DUI Arrests throughout Los Angeles Over Labor Day Weekend" »