DUI Tips: Helpful Tips On Avoiding and Coping with a DUI

Holiday Office Parties Might Be Your Enemy, #3 Is What's Gonna Get You

noreply@blogger.com (Ben Mironer) — Thu, 03 Dec 2015 19:42:00 +0000

Drunk driving accidents and arrests are most prevalent during the holidays. What should be a positive occasion can turn tragic in an instant. Many people are on the roads after attending an office party, and may not be in the optimal position to drive a vehicle. Law enforcement has been more and more vigilant, and DUI arrests have increased during the holiday season. In fact many working professionals can attest to having their first or only criminal arrest after being stopped preceding an office event.

1. Know Your Limits
Sometimes drinking is unavoidable at office shindigs. You've worked with these people all year, and this is a good chance for you to see them in a social environment and let loose. Know your limits. If you know you're driving home, try to limit yourself to about 1 to 2 drinks an hour. Don't forget the food and water. I know the company is paying for that open bar, but those appetizers being handed out are also tasty. If drinking an alcoholic mixture, use a non-carbonated base, like fruit juice. Alcohol is absorbed into the blood stream faster with a carbonated base. Here's a handy tip, if you made a fool of yourself at the office party while intoxicated, you're probably too drunk to drive.

2. Set Up Alternative Forms of Transportation
Better yet, don't drive home. Set up alternative transportation beforehand. Plan to hitch a ride with someone (hopefully a sober driver) or better yet, Uber home. Don't let a DUI cost you your life, career, freedom and thousands in expenses for a $40 Uber. It's hard to quantify the benefits until it's too late.

3. Looking Sober Doesn't Mean You're Sober
Don't let appearance be the judge of whether you or someone you know is sober enough to drive. Appearance is not a good judge of blood alcohol content (BAC). A properly serviced and administered breathalyzer or blood test is a good judge of blood alcohol content. But if you waited until those tests were taken before you found out, then you were probably already arrested for a DUI.

P.S. That coffee probably did nothing for you.

You are in full control of avoiding a very common DUI arrest during the holiday season. Make sure that you don't turn a season meant for celebration into a tragic one.

For more information on DUI's and what to do after a DUI arrest, visit www.MironerLaw.com or call 1.800.943.8310.

Alcohol Absorption and the PAS test

noreply@blogger.com (Ben Mironer) — Mon, 16 Nov 2015 11:00:00 +0000

A good DUI attorney must understand how the physiology of alcohol absorption effects the facts of the case. Commonly, a preliminary breathalyzer is given by an arresting officer (PAS test). This initial breathalyzer reading is often done close in time to the final consumption of alcohol, which means it may likely be reflective of the "breath" alcohol concentration in the absorptive phase.

This is important because during absorption, the arteries receive the alcohol first, then the veins. The lungs receive the arterial blood from the arteries, during absorption. Thus, the venous blood alcohol concentration is lower because the veins receive the alcohol after the arteries and lungs.

They reach an equilibrium after the conclusion of the absorptive phase, when the BAC level reaches it's peak. If there is a PAS result that is close to the legal limit, it may be exculpatory evidence proving that the actual venous blood alcohol concentration, at the same time, had to be lower than the PAS result.

The Law Office of Ben Mironer has been successful in various cases by utilizing the scientific concepts with the facts of the case. We don't just get reductions and dismissals, we truly earn them.

Alcohol Absorption (Ethanol Metabolism)

noreply@blogger.com (Ben Mironer) — Thu, 12 Nov 2015 13:00:00 +0000

When alcohol is consumed, the first step that occurs is scientifically known as the "absorptive phase." The body can't absorb all of the alcohol that is consumed at once, it takes time to enter your blood stream. During that period of time, the "breath" alcohol concentration in a breathalyzer reading will be HIGHER than the "blood" alcohol concentration from a blood draw.

A good DUI attorney knows how to utilize the scientific facts at hand in any DUI case because these scientific issues never change. But, an attorney must understand how to explain and demonstrate how these scientific issues effect the facts in each individual case. That is where The Law Officeof Ben Mironer can truly help impact the outcome of a case. Our experience and expertise in the field of DUI allows us to get the case results we are able to provide for our clients. See what our clients say.

The Science of Blood Alcohol Content in DUI Defense

noreply@blogger.com (Ben Mironer) — Thu, 12 Nov 2015 01:00:00 +0000

How does a breath alcohol concentration reading from a breathalyzer reflect the concentration of alcohol in your blood?

The scientific theory that prosecutors rely on to show that a breathalyzer reading is a reliable way of testing blood alcohol concentration, is a concept known as "Henry's Law."

Henry's Law essentially explains that a numerical relationship exists between the amount of alcohol in your blood and the amount in your lungs. At a fixed temperature, the numerical relationship between the alcohol in the gas (breath) can be related to the alcohol in the liquid (blood).

The ratio that's commonly used in breathalyzers is 2100 to 1. This means that 2100 milliliters of breath will contain the same amount of alcohol as 1 milliliter of blood.

Most importantly, the concept of Henry's Law has two fundamental flaws when it is applied to breathalyzer testing for blood alcohol concentration.

The first flaw is the assumption that breath and body temperature are fixed or constant. When air is exhaled, the alveolar air travels through the upper respiratory tract. A drop in temperature occurs before the air is exhaled, which physiologically prevents the breath temperature from remaining fixed or constant.

The other big flaw is that every person has a different ratio of blood to breath in their body, yet the breathalyzer device converts the reading by using the 2100 to 1 ratio in order to calculate a subject's blood alcohol concentration. If the subject's breath to blood ratio is different from 2100 to 1, then the reading is inaccurate.

For more information on the relationship between blood alcohol and DUI, please visit www.Mironerlaw.com.

DUI Checkpoints and Saturation Patrols During Labor Day Weekend

noreply@blogger.com (Ben Mironer) — Thu, 03 Sep 2015 18:15:00 +0000

Law enforcement will be on high alert for the coming Labor Day weekend. Some cities began their campaigns 2 weeks early to curb the number of DUI drivers on the streets. Traditionally, there have been an uptick of DUI arrests during Labor Day because of the long weekend. Checkpoints have been set up all across Southern California, as well as saturation patrols.

LONG BEACH
Officers from the Long Beach Police Department's (LBPD) DUI Enforcement Team will be on the lookout for impaired drivers this Labor Day weekend.

DUI Saturation Patrols will deploy throughout Long Beach to stop and arrest alcohol and drug-impaired drivers on Saturday, September 5 between 7:00PM and 3:00AM in areas with high frequencies of DUI collisions and/or arrests, police said.

"After falling dramatically for five straight years, figures for 2012 show an increase to 802 deaths in California because someone failed to designate a sober driver," and LBPD release stated. "Over the course of the past three years in Long Beach, DUI collisions have claimed nine lives and resulted in 315 injury crashes, harming 420 of our friends and neighbors."

CITY OF INDUSTRY
Sheriff’s deputies are planning a sobriety and driver’s license checkpoint Thursday night in Industry.

The checkpoint will take place from 6 p.m. to 10 p.m. at an undisclosed location within the city, Los Angeles County sheriff’s Deputy Michael Lang said in a written statement.

Over the past three years in the dozens of cities which contract with the sheriff’s department for law enforcement services, DUI-related crashes have killed 33 people and left another 898 injures, according to Sgt. Daniel Dail.

Funding for the checkpoint is being provided by a grant from the National Highway Traffic Safety Administration, through the California Office of Traffic Safety.

PICO RIVERA
Deputies are planning to screen drivers for sobriety and valid licenses during a checkpoint Friday, officials said.

The checkpoint will be held from 7 p.m. Friday to 3 a.m. Saturday at an undisclosed location within the city, Los Angeles County sheriff’s Detective Jose Marquez said in a written statement.

Funding for the checkpoint is being provided by a grant from the National Highway Traffic Safety Administration, through the California Office of Traffic Safety.

SEAL BEACH
Deputies are planning to screen drivers for sobriety and valid licenses during a checkpoint Friday, officials said.

The checkpoint will be held from 7 p.m. Friday to 3 a.m. Saturday at an undisclosed location within the city, Los Angeles County sheriff’s Detective Jose Marquez said in a written statement.

Funding for the checkpoint is being provided by a grant from the National Highway Traffic Safety Administration, through the California Office of Traffic Safety.

What Happens When You Violate Probation?

noreply@blogger.com (Ben Mironer) — Tue, 09 Jun 2015 21:29:00 +0000

When you are charged with a crime, there is a maximum allowable sentence for that crime (i.e. jail, fine). A defense attorney will initially try to prove that you did not commit that crime. If proven guilty, a defense attorney will also try to prove that you are an upstanding member of society, and that you do not deserve the maximum allowable sentence. Based on the judge's discretion, they may reduce your sentence, which can include probation. As long as you fulfill all the conditions of the probation you may avoid jail.

When you violate your probation, you have shown the judge that you are not responsible enough to avoid jail time. You have once again just reintroduced yourself to the possibility of being sentenced for the maximum allowable sentence. So if you avoided jail for probation, you may still go to jail. At this point, time is of the essence. You need to act before the judge issues a bench warrant for your arrest. Once the bench warrant is issued, you may be hauled to jail by the police, even if you were just stopped for speeding.

This is why it is now critical to find an attorney that deals with probation violations. This may be the only chance you have to avoid a maximum sentence.

Have any probation violations questions? Visit: Violation of Probation

Is a DUI a Felony or a Misdemeanor?

noreply@blogger.com (Ben Mironer) — Tue, 24 Mar 2015 17:22:00 +0000

Many people ask whether a DUI in California is a Felony or a Misdemeanor. Most DUI’s in California are Misdemeanors; however there are three ways that a DUI can become a Felony DUI. The most common way to get a DUI charged as a felony is if someone other than the driver is injured in a collision caused by the DUI driver. The two less common ways are a fourth offense DUI (within 10 years), or anyone who has been convicted of a felony DUI will be charged with a felony for any subsequent DUI they commit within 10 years.

The big issue with these cases now days, is that the accident victims tend to claim personal injury for purposes of recovering damages in a civil claim. This puts the DUI defendant in a predicament because it exposes them to potentially facing felony charges. Someone who is convicted of a felony DUI faces a term of 16, 24, or 36 months in State Prison. An experienced DUI attorney is a must, in these cases, because of the impact they can provide. These cases can potentially be reduced to misdemeanors, or at the very least a prison sentence may be avoided.

Some prosecutors may decide to file a certain case as a felony, where a different prosecutor may believe that the same case should be a misdemeanor. The bottom line is that they have a lot of discretion in deciding how to file these cases. An experienced DUI attorney knows how important it is to intervene immediately with the prosecutor and attempt to provide them with additional information to convince them charges should be filed as a misdemeanor.

Felony DUI’s should only be handled by attorneys that are very experienced in DUI defense because not only do the stakes go way up, but so does the impact that a good attorney can have on the prosecuting agency.

19 Year Old That Caused Crash in Van Nuys Suspected of DUI

noreply@blogger.com (Ben Mironer) — Wed, 11 Mar 2015 00:07:00 +0000

According to law enforcement, a 19 year old suspected of drunk driving ran a red light early Tuesday morning and crashed into an SUV, which flipped over and landed on top of a minivan. Five people were injured including two in serious condition.

A little after midnight, the driver of a Volkswagen Passat ran a red light in the intersection of Van Nuys and Victory and slammed into a Chevy Trailblazer, which in turn flipped over and landed on top of a minivan. Passengers of the minivan had to be extracted by firefighters using heavy equipment.

The driver has yet to be identified, but was allegedly speeding and under the influence of alcohol. A blood test was most likely conducted at the hospital where the driver is being treated and will aid law enforcement in identifying whether the 19 year old was a DUI driver.

Because the driver is under 21, they fall under California's zero tolerance laws, and does not have to be driving with a blood alcohol level of .08% to be charged with a DUI.

For more information on what you can do if you have been arrested or convicted of a DUI, please visit www.MironerLaw.com.

DUI Patrols Planned in Adams & Lancaster Counties

noreply@blogger.com (Ben Mironer) — Tue, 10 Mar 2015 23:35:00 +0000

Roving DUI patrols are scheduled to commence in Adams and Lancaster counties for St. Patrick's Day weekend from Friday, March 13th to Sunday, March 15th, according to the Center for Traffic Safety.

More police enforcement is planned for the following week, including sobriety checkpoints, which will be announced later in the week.

For more information on what to do if arrested for a DUI in Adams and Lancaster County, visit www.MironerLaw.com or call 818.936.2140.

DUI Checkpoints in Oxnard This Weekend

noreply@blogger.com (Ben Mironer) — Fri, 06 Mar 2015 19:23:00 +0000

March 6, 2015 - The Oxnard police will be conducting DUI checkpoints on Saturday from 8:00 pm to 3:00 am Sunday at various locations throughout the city. Suspected drivers under the influence will most likely be administered field sobriety tests, as well as tested for Blood Alcohol Content.

The police will be looking for signs of impairment, both from alcohol and drugs. If charged, an Oxnard DUI carries much stiffer penalties and fines than from a DUI in Los Angeles County.

Funding for this checkpoint is provided to the Oxnard Police Department by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration, authorities said.

For more information on what to do if arrested for a DUI in Ventura County, visit www.MironerLaw.com or call 805.334.0260.

DUI Checkpoint in Seal Beach

noreply@blogger.com (Ben Mironer) — Fri, 06 Mar 2015 19:04:00 +0000

On Friday night, the Seal Beach Police will be conducting a DUI checkpoint on PCH from 6:00 pm to 3:00 am.

According to the police department, “crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized DUI checkpoints and proactive DUI patrols are conducted routinely.”

“Over the course of the past three years, DUI collisions have resulted in 26 injury crashes harming 36 of our friends and neighbors,” said Sergeant Steve Bowles.

The police will be looking for signs of driving under the influence of alcohol and/or drugs, and will most likely administer field sobriety tests if suspected of DUI.

For more information on what you can do if you have been arrested or convicted of a DUI, please visit www.MironerLaw.com.

DUI Checkpoints in Los Angeles During Super Bowl, AAA Offers Free Rides

noreply@blogger.com (Ben Mironer) — Fri, 30 Jan 2015 20:57:00 +0000

Once again, the Super Bowl is upon us! Don't ruin a great day cheering for your team by spending the evening in jail because of you didn't plan your day and got a DUI.

Remember, the cops will be on high alert during Super Bowl weekend for drunk drivers throughout all of Los Angeles, so don't drive drunk. A DUI can be easily avoidable with careful planning.

Here are a few of the saturation patrols and DUI checkpoints this Super Bowl weekend:

Friday, Jan. 30
• Sobriety/Driver License Checkpoint from 8 P.M. to 2 A.M. on Lankershim Boulevard at Vanowen Street in North Hollywood.
• Sobriety/Driver License Checkpoint from 10 P.M. to 4 A.M. on Hollywood Boulevard at Gower Street in Hollywood.

Saturday, Jan. 31
• Sobriety/Driver License Checkpoint from 7 P.M. to 1 A.M. on Western Avenue at Slauson Avenue in 77th Street Area.
• Sobriety/Driver License Checkpoint from 8 P.M. to 2 A.M. on Oxnard Street at Laurel Canyon Boulevard in North Hollywood.
• Sobriety/Driver License Checkpoint from 8 P.M. to 2 A.M. on Cahuenga Boulevard at Hollywood Boulevard in Hollywood.

Sunday, Feb. 1
• DUI Saturation Patrol from 4 P.M. to 12 A.M. in Central Bureau.
• DUI Saturation Patrol from 5 P.M. to 1 A.M. in Topanga area.
• DUI Saturation Patrol from 5 P.M. to 1 A.M. in 77th Street area.
• DUI Saturation Patrol from 7 P.M. to 3 A.M. in Wilshire area.

If you do get busted, here is information on sobriety tests you will encounter.

To make the best out of your weekend, plan alternative transportation to ensure a fun and safe Super Bowl weekend. “We encourage everyone to make a plan -- designate a sober driver ahead of time, contact a ride-sharing service, or use a taxi or public transportation,” Auto Club of Southern California Chief Executive Robert Bouttier. Once again, AAA offers a complimentary tipsy tow for intoxicated drivers. Here are other alternative transportation to avoid a DUI.

Plan your weekend accordingly, and keep the roads safe for you and others.

USC Defensive Lineman Don Hill Busted for DUI

noreply@blogger.com (Ben Mironer) — Mon, 12 Jan 2015 17:16:00 +0000

Don Hill, defensive lineman for USC was arrested in Boise, Idaho early Saturday morning for a DUI. Hill whos is a native of Boise is only 19 years old and redshirted the 2014 season. Apparently, USC is aware of the circumstances regarding the freshman and is currently investigating.

In most states, a DUI for someone under 21 carries a much heavier penalty which can result in a mandatory license suspension of one year. It is yet unknown whether USC will place Hill under disciplinary actions.

Rapper Xzibit Charged with 2 Counts of DUI

noreply@blogger.com (Ben Mironer) — Sun, 11 Jan 2015 23:02:00 +0000

Xzibit was charged with 2 counts of DUI and needs to face a judge for his plea.

Xzibit was arrested following his wedding reception in Laguna Beach, California in 2014. On the weekend of his wedding to Krista Joiner, he was stopped by authorities for speeding and later charged with a DUI after failing a Breathalyzer test. He was twice the legal limit at .14, according to TMZ.

According to the police, "the officer contacted the driver and smelled alcohol. This started a driving under the influence investigation which ended with the arrest of Alvin Nathaniel Joiner." He was cuffed and was taken to the station.

Xzibit will most likely pay a base fine of $390 - $1,000 and substantially increased by penalties and assessments. Usually, the prosecutor will allow a minimum base fine on a first offense DUI. His license will also be suspended beginning the day of his conviction as well as needing to complete a 3-month alcohol program called "AB541."

Free AAA Tipsy Tow offered by AAA on New Year's Eve

noreply@blogger.com (Ben Mironer) — Mon, 29 Dec 2014 21:04:00 +0000

New Year's Eve is one of the worst times to drink and drive. Law enforcement is on high-alert, and will patrolling state-wide to catch DUI offenders. AAA's Tipsy Tow program offers a free tow for anyone drinking and needs a ride and tow home up to 7 miles. This offer is open to everyone. including non-AAA members.

All you need to do is call 800-400-4222 and say, "I need a Tipsy Tow." A driver will pick you up and tow your car home. The service will be available on Dec 31 from 6:00 pm to 6:00 am on Jan 1. Note that the service is available to drivers only. If you are a passenger, you will need to acquire alternate modes of transportation.

For more information, visit the AAA site here: http://ww1.calif.aaa.com/en-ca/driving-resources/Pages/tipsy-tow.aspx.

Start you new year right and drive safely. If you get arrested for a DUI, call 818.936.2140 right away.

New Ignition Interlock Bill to Affect All California DUI Offenders

noreply@blogger.com (Ben Mironer) — Sat, 27 Dec 2014 18:41:00 +0000

Ignition Interlock Device

Redwood City - In an effort prevent repeat drunk driving offenders, state Sen. Jerry Hill is introducing legislation that will require convicted California DUI offenders to install a vehicle ignition interlock device. The law will affect first-time and repeat offenders, and will expand on pilot programs already in place in Alameda, Los Angeles, Sacramento and Tulare counties.

The pilot program requires vehicle ignition interlocks for five months for first-time DUI offenders and up to four years for repeat DUI offenders. Ignition interlock devices makes a driver first submit a breath sample before starting their car, then provide additional samples once they're driving.

It is expected to be unveiled at a news conference on Monday in Redwood City accompanied by representatives from Mothers Against Drunk Driving (MADD) and San Mateo and Santa Clara county law enforcement. "We believe it's a better approach than license suspension alone," according to the MADD's director of state govermental affairs, Frank Harris, who believes existing DUI alcohol programs are not sufficient. "It makes that offender prove his sobriety anytime he drives on California roads."

According to advocates ignition interlock laws have proven successful in Arizona, Louisiana, New Mexico and Oregon where DUI-related deaths have dropped by 35-43 percent.

Drunk Driver Injures 12 People Looking at Holiday Lights

noreply@blogger.com (Ben Mironer) — Wed, 17 Dec 2014 03:59:00 +0000

Eleven people were rushed to hospitals after being struck and injured by a suspected drunk driver on Monday, Dec 15th. The victims were parked inside their vehicles while admiring a holiday light display in Alhambra when Ismael Soto struck two parked cars full of people with his pickup truck.

Soto was arrested under the suspicion of driving under the influence and driving without a license. This would potentially be his second DUI after a prior DUI conviction in October 2013.

Hello Kitty Arrested for Drunk Driving

noreply@blogger.com (Ben Mironer) — Wed, 29 Oct 2014 05:39:00 +0000

A woman dressed up like Hello Kitty was pulled over and arrested on a drunk driving charge in Gorham, Maine at about 2:00 am last Sunday.

According to police the Maine woman, Carrie Gipson, was stopped for driving in the wrong lane. When questioned, she refused to take a breath test, was arrested and taken to Cuberland County jail for operating under influence (OUI).

She was photographed wearing a Hello Kitty costume in her police mugshot minus her head piece.

Officers Caught Stealing Nude Photos From Arrestees' Phones

noreply@blogger.com (Ben Mironer) — Tue, 28 Oct 2014 22:04:00 +0000

Two California Highway Patrol officers have recently been accused of stealing nude photos from arrestees' cell phones, and texting them to each other. These two CHP officers have been involved in many DUI arrests. One of the officers, Robert Hazelwood, was suppose to testify in a DUI trial on Monday morning in Oakland, but the case was dismissed by the DA. It now appears that any case these officers were involved in the investigation and/or arrest must be thoroughly reviewed and potentially dismissed.

This is why it is important to fully investigate a criminal offense. These officers have no credibility if they are involved in activities such as these, which demonstrate their abuse of discretion as an authoritative figure. Officers are put in a position of trust, both by the public and in court. However, when evidence like this arises, it demonstrates that you can not presume an individual is credible just because they are an officer. Like any other profession, there are good ethical officers, and bad unethical officers. That is why it is critical to investigate every case thoroughly, because without a proper investigation, critical facts such as these are never uncovered.

Defense attorneys and the public are outraged by this violation of privacy exhibited by these officers. Even though this investigation started in early October; no one was made aware until now. As demeaning as this conduct was by the officers, it has also been a betrayal of trust to the public in not disclosing this information earlier and allowing these officers to continue working. Furthermore, the DA must now do the right thing and file charges against these officers, to show them and the public that no one is above the law.

Michael Phelps Arrested for DUI

noreply@blogger.com (Ben Mironer) — Wed, 01 Oct 2014 05:02:00 +0000

18 time Olympics Gold medalist, Michael Phelps, was arrested for suspicion of DUI in Maryland, early Tuesday morning. Officials say he was driving 84 mph in a 45 Mph zone when he was stopped, leaving Baltimore, Maryland.

Phelps was previously convicted for driving while impaired in November of 2004. In California, Phelps would be charged with a second offense DUI if this date of arrest is within 10 years of his last date of arrest. This would subject him to a mandatory minimum of 96 hours in jail, $2000 in fines, an 18 month alcohol program.

Tuesday afternoon, the swimmer posted a series of tweets apologizing for the incident and taking full responsibility for his actions. It is very surprising that Phelps had made these incriminating comments. It just shows the stigma that DUI carries in our society, because the only reason he would post those tweets is because they are sincere.

Making Sure You Have a Safe 4th of July Weekend

noreply@blogger.com (Ben Mironer) — Fri, 04 Jul 2014 01:37:00 +0000

The 4th of July is one of the most American of holidays, which most often includes drinking. Make sure you stay safe. Don't drink and drive.

According to AAA, 79% of Southern Californians are expected to drive this weekend, so if you are driving, make sure you are sober. It will be a hot weekend in Los Angeles so the effects of alcohol will be escalated. Do your best to remain hydrated and not with alcohol!

The California Highway Patrol will begin a maximum enforcement period beginning at 6:01 p.m. today, deploying all available officers onto freeways and county roads in an effort to combat drunken driving. The maximum enforcement period will continue through 11:59 p.m. Sunday.

Below is a list of upcoming DUI Checkpoints for the 4th of July weekend.

July 3, 2014
Los Angeles, Vermont Avenue and 5th Street - 8:00 pm - 2:00 am

July 4, 2014
There will be roving saturation patrols on all streets and freeways

July 5, 2015
Hollywood, Hollywood Boulevard and Argyle Avenue - 8:00 pm - 2:00 am
Los Angeles, Figueroa Street and 9th Street - 8:00 pm - 2:00 am
North Hollywood, Oxnard Street and Laurel Canyon Boulevard - 8:00 pm - 2:00 am

If you end up entering a DUI Checkpoint find out "What is the Safest Way to Exit a DUI Checkpoint?"

Check back frequently for updates on this page.

This 4th of July, Don’t Try to Stay Hydrated by Drinking Beer

noreply@blogger.com (Ben Mironer) — Wed, 02 Jul 2014 15:20:00 +0000

This 4th of July, just like most years in Southern California, it’s expected to be a hot one. When you are at the beach, or by the pool having drinks, remember that it is very important to stay hydrated. When your body is dehydrated, alcohol affects your mental and physical abilities quicker and more intensely. When alcohol enters your blood stream, it goes immediately to the organs that have the most fluid. Your brain and muscles are the quickest to be affected when your body is dehydrated because those are the organs with the most fluid. When your body is hydrated, the alcohol can disperse more equally throughout your entire body.

Also, blood alcohol concentration readings may be higher as a result of dehydration. The lungs are one of the organs with the most fluid, and will have higher concentrations of alcohol when you are dehydrated. This means breathalyzer results will show a higher BAC (blood alcohol concentration) level than you would have if hydrated.

Contrary to popular belief, consuming alcohol is not a good way to stay hydrated. Even though beer has a very low percentage of alcohol, it still causes impairment. The best way to stay hydrated while having drinks, is to drink plenty of water. Water is still the best way to stay hydrated on a hot summer day. So remember to stay safe this 4th of July, and make sure your liquid diet includes lots of water.

Give Me Liberty or Give Me Death

noreply@blogger.com (Ben Mironer) — Fri, 23 May 2014 15:46:00 +0000

Unlike most defendants in a criminal case, someone charged with DUI does not have the same Constitutional rights or protections as most other criminal defendants. Appellate courts have continually made judicial decisions that limit a citizen’s rights both in DUI investigations and arrests. Furthermore, our State’s Legislature has also played an active role in modifying the rights of the accused drunk driver, as well as creating laws to help increase the conviction rate in DUI cases.

For example, DUI checkpoints are essentially a violation of a citizens’ Constitutional right to privacy. These checkpoints permit our law enforcement agencies to basically stop innocent people, for absolutely no reason at all. Even though studies have shown that officers have just as high a probability of locating drunk drivers by patrolling the streets, checkpoints are currently permitted and accepted as a beneficial practice for our community.

Another example is in regard to anonymous tipsters in DUI investigations. A person can be stopped and potentially investigated for DUI based solely on a 911 call, from someone giving an anonymous tip to the police. Even though the 6th Amendment of the U.S. Constitution provides a defendant a right to confront their accuser, a DUI defendant does not have that right if their accuser was an anonymous tipster.

If an officer believes that someone is driving under the influence of drugs, a person can be convicted for a violation of California Vehicle Code §23152(e). Since there are no current guidelines as to what levels constitute “under the influence,” someone could potentially get a DUI conviction for having trace amounts of a drug in their system. Also, many drugs can stay in someone’s system, and not even impair their driving.

There are countless problems with the law that make it extremely difficult to defend a DUI case. Several are mentioned above, but there are way too many to list. What other criminal case are you not even permitted to have an independent analysis of the chemical evidence being used to prove your guilt? Breath tests in DUI investigations and arrests are still not being preserved for independent analysis. This is something that can easily be preserved, yet the highest Court has found that it is just fine for the police to destroy this crucial evidence immediately after the breathalyzer registers a reading.

With all of these obstacles facing a DUI defendant, it is critical to find representation that is adamant about justice! DUI cases are very technical, and very different from most other criminal cases. It is imperative to be represented by an attorney that understands what you’re up against, and knows how to challenge the police and prosecutors.

How many drinks are TOO many to drive?

noreply@blogger.com (Ben Mironer) — Fri, 25 Apr 2014 15:04:00 +0000

Every time you drive your car after consuming alcohol, you run a risk of potentially being falsely arrested and wrongfully charged with a DUI. Let's identify the scientific and logical explanations that demonstrate why they were not guilty of driving under the influence.

It is important to note that the laws against driving under the influence prohibit an adult (above the age of 21) from driving with a blood alcohol concentration (BAC) of .08% or above, and California Vehicle Code §23152(a) prohibits someone from driving under the influence of alcohol, even if their BAC is below .08%. Thus, it is important to know your limits, to know how alcohol effects you, and how impaired you get from each drink. Some people have a greater tolerance to alcohol than others, based on their resistance to the effects of alcohol. But, even if someone does not feel impaired at .08% BAC, they are deemed too impaired to drive based on the law.

"The absorption rate varies in each person, and studies have shown that it can vary from 14 minutes to 138 minutes...This means that a person’s body can take over two hours to fully absorb the alcohol and reach a peak, only then will the alcohol be evenly disbursed in their blood, and only then will breathalyzer readings become somewhat accurate. "

Remember, it is not illegal to consume alcohol and drive, as long as your BAC is below .08%, and you are not too impaired to drive a car as cautiously as a sober person. The problem is that most people, who have been drinking, have no idea when they reach .08% BAC. This is why someone may feel as though they can drive safely, but may still be considered driving under the influence based on the law. Here is a BIG secret to most DUI cases!!! Prosecutors also don’t have any idea when you reached .08% BAC.

Here is how it works. When someone consumes alcohol, it doesn’t immediately disperse evenly throughout your entire bloodstream. It takes a while to get evenly disbursed and “distributed” throughout the various organs and tissues in your body. Organs with the highest blood supply, like the lungs, get the largest initial concentration of alcohol. Thus, the BAC in your lungs, during the period of time when the alcohol is “absorbing” into your system, may read up to 3X higher than your actual BAC level. This means that potentially someone who has an actual .04% BAC, may register a false-high reading of .12% BAC in a breathalyzer, during the “absorptive phase.”

Also, everyone absorbs alcohol at their own pace. The absorption rate varies in each person, and studies have shown that it can vary from 14 minutes to 138 minutes (from end of alcohol intake to peak blood alcohol concentration). This means that a person’s body can take over two hours to fully absorb the alcohol and reach a peak, only then will the alcohol be evenly disbursed in their blood, and only then will breathalyzer readings become somewhat accurate. In essence, once you take a drink and decide to drive, you expose yourself to potentially being obligated to submit to a chemical test at the request of a police officer. These tests, as you now know, may falsely reflect a BAC level much higher than your actual level.

How Serious is a First Offense DUI?

noreply@blogger.com (Ben Mironer) — Mon, 31 Mar 2014 15:12:00 +0000

Many people, and unfortunately most attorneys, see a First Offense DUI as a minor offense. It is not! The consequences of a DUI conviction go far beyond a driver’s license suspension, possible jail time, fines and fees, an alcohol program, probation, and an ignition interlock device in your car. The social stigma associated with a criminal conviction may create major problems in one’s professional employment and career, and may cause major turmoil in someone’s personal life.

The attorney that represents a DUI client, obviously doesn’t have to complete the requirements of a DUI, and doesn’t have to live in the shoes of the convicted first timer after the case resolves. Also, since most first offenders don’t face major jail time, attorneys from various fields of law tend to convince clients they can handle their case. For these reasons, many attorneys do not give the care and attention a First DUI deserves.

Most people facing a first offense never anticipated to be placed in the criminal justice system as a defendant. Also, most people rely on their driver’s license to make a living. Because of this many people convicted of DUI end up driving on their suspended license, violating probation, or are constantly worried about getting stopped by the police. We understand that these clients need our expertise and skill, to prevent them from unjustifiably being convicted of a DUI.

Some attorneys take advantage of first time DUI clients because they know that the person being charged is usually inexperienced with the criminal justice system, doesn’t know what they are facing, and doesn’t understand how to potentially defend themselves. Some people blame themselves for getting arrested because they know that they did drink before they went driving. However, every state permits adults to drive after they have had something to drink. It only becomes illegal when the person is so impaired, they exhibit unsafe driving caused by the alcohol, or when their BAC level exceeds the .08% limit.

It is crucial to get an attorney that is trustworthy, and explains everything about the charges, the potential consequences, your defenses, and your alternatives. Some attorneys leave their clients in the dark, and hopefully get a good result to justify their fees. Unfortunately, most people convicted of a DUI don’t know whether their attorney properly represented them, or looked into all of the defenses in their case.

An attorney at The Law Office of Ben Mironer always investigates every DUI case thoroughly, and recommends the best option based on all of the facts in the case.