Archives : DUI

A Look at the Prosecutorial Decision Making Process

 

A Look at the Prosecutorial Decision Making Process

 

The Vera Institute of Justice’s study entitled The Anatomy of Discretion: An Analysis of Prosecutorial Decision Making, with the support of the National Institute of Justice, analyzed how prosecutors make decisions in criminal cases. The Vera Institute conducted their study by looking at such factors as initial case screening and charging decision, plea bargains, recommendations for sentencing and case dismissal filings. The purpose of the study was to determine whether the current prosecutorial decision making process lack of public oversight is really serving the goals of the criminal justice system and fairness to defendants and victims.

The study found that while prosecutors said they were “committed to doing the right thing,” prosecutors had differences of opinions on what is considered “fair treatment” of victims and defendants, preferred different plea bargaining strategies and had different constraints placed upon them.  However, the study revealed that there were two common questions that prosecutors asked themselves, which influenced the outcomes of their decision making process-Can I prove the case? And should I prove the case?

Results of the study reflect that prosecutors used the strength of evidence as the primary factor in their decision making process balanced by other factors such as the seriousness of the crime, the defendant’s prior criminal history, fairness to the victim and defendant as well as contextual factors such as office polices, constraints of lack of resources such as shortage of courtrooms and judges and their relationships with colleagues and other actors in the criminal justice system including law enforcement officers, judges and defense attorneys in making their decisions. The study recommended that future research should focus on the magnitude of these constraints and the pressures they have on influencing prosecutorial decisions.

 

How a Criminal Defense Attorney Can Help?

Since the investigation and prosecution of defendants is a very complicated process of rules and procedures, influenced by the constraints placed upon prosecutors, it is necessary for defendants to seek the advice and representation of an experienced criminal defense attorney to help them fight their charges and make sure they are being fairly represented.

If you are facing criminal charges for a misdemeanor or felony including DUI, vehicular manslaughter, drug crimes, white collar crimes, violent crimes, property crimes, possession of marijuana, domestic violence or sex crimes, having the proper legal representation can influence the outcome of your case.  Imhoff & Associates-Criminal Attorneys understand how to navigate the criminal justice system. We have earned a reputation for working with prosecutors and law enforcement to make sure that you receive a fair and just defense. Your Imhoff criminal defense lawyer will thoroughly investigate all the evidence against, build a strong defense on your behalf and  negotiate with the prosecutor to either get your charges reduced to a lesser offense, negotiate alternative sentencing for you or try to get the case dropped for lack of sufficient evidence.

 

 

Supreme Court Hears Arguments Regarding BAC Warrantless Search

 

United States Supreme Court Hears Arguments Regarding BAC Warrantless Search in Missouri v. McNeely

 

The United States Supreme Court heard oral arguments on January 9, 2013 in the Missouri v. McNeelycase. The issue surrounding the case is whether a law enforcement officer can obtain a blood sample from a suspected drunk driver without the person’s permission or a warrant under exigent circumstances. Steven R. Shapiro, New York, N. Y. of The American Civil Liberties Union, argued on behalf the Respondent McNeely. John N. Koester, Jr., Assistant Prosecuting Attorney, Jackson, Mo., argued for the Petitioner and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. argued for the United States, as amicus curiae (someone who is not a party to the case, but has an interest in influencing the outcome of the case).

Case Facts

In October 2010, Respondent, Tyler McNeely was stopped by Corporal Mark Winder of the Missouri State Highway Patrol after he observed McNeely driving 56 miles per hour in a 45 mile per hour zone and crossing the centerline. Winder said he smelled alcohol on McNeely’s breath and conducted standard field sobriety tests. Winder testified later than NcNeely did poorly on the tests and that he also refused to take a breathalyzer test. He was arrested and later charged with driving while intoxicated in violation of MO. Rev. Stat. Section 577.010 J.A. 33.

Neely was taken by law enforcement to St. Francis Medical Center in Cape Girardeau, where a blood sample was forcibly taken from him, without his consent and without a warrant. The Missouri Supreme Court ruled that these actions were a violation of Mr. McNeely’s 4^th amendment constitutional rights, which amendment protects individuals from warrantless searches, except in special circumstances when a delay in testing could either threaten a life or destroy potential evidence.  Other courts have also ruled that because alcohol is known to dissipate in the blood stream, blood tests can be taken prior to obtaining a warrant.

The ACLU argues that the arresting officer made no effort to obtain a warrant because he didn’t think he needed one and not because he was afraid the alcohol would dissipate in Mr. Neely’s system. The Supreme Court’s ruling is expected to settle the issue of whether warrants are necessary for DUI blood tests.

Hiring a Missouri Criminal Defense DUI Attorney

If you have been arrested for a DWI or DUID in Missouri, you should hire a Missouri DWI/DUI criminal defense attorney immediately to defend you. A conviction means that you could face a license suspension or revocation, jail time and/or penalties depending on the number of convictions you have and the circumstances surrounding the case.

At Imhoff & Associates-Criminal Attorneys, we understand the seriousness a DWI/DUI or related conviction can have on your life. We have years of experience successfully defending clients facing DWI/DUI charges. Your Imhoff attorney will review the police report, any field sobriety tests, breathalyzer test and/or BAC test to make sure that your constitutional rights were not violated and if appropriate will negotiate with the prosecutor to get your charges reduced to a lesser offense, get you alternative sentencing or get the charges dropped.

 

Former Utah Police Officer Fired for Filing False DUI Charges

 

Lisa Steed, a former Utah Highway Patrol Officer, who was named Utah Highway Patrol’s “Trooper of the Year” in 2007 for making more than 200 DUI arrests, was fired by the department in November for alleged misconduct charges related to her duties. Steed admitted in Court in May of 2012, that during administering a BAC test on Theron Alexander in March 2010, she removed her microphone to perform an unauthorized act.

 

A class-action lawsuit was filed against Steed and her superiors on December 14, 2012, in District Court in Salt Lake City. The amount of monetary damages is yet to be determined. The lawsuit alleges that Steed filed false DUI charges against numerous people who had passed sobriety tests during her career with the police force. According to Studebaker, more than 40 people have contacted him claiming Steed wrongfully arrested them for DUI or drug charges.

 

According to the lead attorney in the lawsuit, a dashcam video from 2011 shows Steed pulling over an unidentified woman, who has now joined the lawsuit, for a suspected DUI and arresting her after performing a series of sobriety tests. The attorney claims that even though the woman passed all the tests, she was still arrested for DUI. The charges against the woman were later dropped because her blood test revealed that that there was no alcohol in her system.

 

Another dashcam video in 2009 showed Steed stun-gunning a motorist, who was determined to be sober later. The state settled the case against Steed in November 2011 for $40,000, without admitting any wrongdoing by Steed or the department.

 

Steed is currently under investigation by the FBI.

 

Hiring a Utah DUI Criminal Defense Attorney

If you are arrested for a DUI in Utah, you should hire a Utah DUI criminal defense attorney to help you fight your charges and conviction. At Imhoff & Associates-Criminal Attorneys, we successfully represent clients facing DUI charges in any of the following courts: Salt Lake City, Ogden, Logal, Brigham City, Provo, Orem, Sandy, Roy, Bountiful, Taylorsville, Bennion and all surrounding courts. We understand the seriousness of the charges and how a conviction can impact your life. Your Imhoff criminal defense DUI attorney will review your police report and field sobriety tests to make sure there were no errors or mistakes or your constitutional rights were not violated. We will mount a vigorous defense on your behalf.

Dallas Cowboys Player Faces Intoxication Manslaughter Charges

Dallas Cowboys defensive lineman Joshua Price-Brent, 24, was arrested by Irving, Texas police and charged with intoxication manslaughter after an accident that occurred in the early morning hours on Saturday, December 8, 2012. Per authorities, Price-Brent was allegedly speeding when his vehicle hit a curb and flipped over before resting on the middle of the service road, killing his passenger and teammate Jerry Brown, Jr. a linebacker on the team’s practice squad. According to FOXSportsSouthwest.com, the two had joined a dozen teammates Friday night at a Dallas club “Privae” where comedian Shawn Wayans was appearing.

When police arrived on the scene, Price-Brent was pulling Brown, 25, from his 2007 Mercedes, which had caught on fire. Brown was unresponsive, transported to a local hospital and pronounced dead. Police suspected that alcohol may have been involved and asked Price-Brent to perform field sobriety tests. Based upon police observation and the results of the field sobriety tests, police arrested Price-Brent. He was taken to the hospital for a mandatory blood draw and also treated for minor scrapes. The results from the blood test will take several weeks. As a result of Brown’s death, Price-Brent was subsequently charged with intoxication manslaughter. He was released Sunday on a $500,000 bond. The investigation in currently ongoing. If convicted, Price-Brent faces two to 20 years in prison and a fine of $10,000.

Brent released a statement on Saturday through his agent, Peter Schaeffer, expressing his grief for the loss of his close friend and teammate Jerry Brown and his family and friends stating “I will live with this horrific and tragic loss every day for the rest of my life. My prayers are with his family, our teammates and his friends at this time.” Brent’s attorney, suggested that ongoing construction in the area of the crash may have played a role in the accident. Cowboy’s owner Jerry Jones also expressed his prayers and sympathies to Jerry Brown’s family and friends.

Price-Brent was also arrested in February 2009 near an Illinois campus for driving under the influence, driving on a suspended license and speeding, for which he pleaded guilty in June 2009, and received 60 days in jail, two years probation, 200 hours of community service and a $2,000 fine. Under a plea bargain, one count of aggravated DUI/no valid driver’s license charges were dropped. Accordingly to court records, Price-Brent completed his probation in July 2011.

Texas Penal Code Section 49.08

Under Texas Penal Code Section 49.08, intoxication manslaughter is considered a felony of the second degree and deals with “recklessly causing the death of another while intoxicated” by accident or mistake. An intoxication felony conviction in Texas carries a two to 20 year prison sentence and a $10,000 fine.

Texas Criminal Defense Attorney

If you have been arrested and charged with intoxication manslaughter in Texas or are facing DWI (driving while intoxicated) charges, you should contact a Texas criminal defense attorney immediately to represent you. Imhoff & Associates –Criminal Attorneys specialize in defending clients charged with intoxication manslaughter and DWI/drug offenses. Your Imhoff intoxication manslaughter/DWI attorney will vigorously represent you by reviewing all police and accident reports and BAC and field sobriety tests raising strong defenses that there were mistakes such as improper calibrations in the breathalyzer machine, contaminated blood or urine samples or your Miranda or other constitutional rights were violated to get your charges reduced to a lesser crime or get your case closed based on individual case circumstances.

 

Florida DUI Laws and John Goodman DUI Case

Florida DUI laws are extremely tough. Under 316.193, F.S., you are considered driving under the influence if your BAC is .08 or above.  If you are arrested for DUI in Florida, your license will automatically be revoked, and you may receive jail time, fines, penalties and/or community service depending on your BAC level, the circumstances of the DUI and whether you have had any other recent DUI convictions.  Persons who refuse to take a BAL test will have their license suspended whether or not they are innocent of these charges. Further extenuating circumstances such causing serious injuries to someone else, vehicular manslaughter or leaving the scene of a crime related to a DUI are considered a felony, and could carry up to a 30 year prison sentence. (316.193, F.S. 322.271, F.S. and s. 322.28,F.S. 316.656, F.S., s. 322.2615 F.S.)

John Goodman DUI Case
Recently, John Goodman, founder of the Palm Beach International Polo Club, and the heir to a multimillion dollar air conditioning fortune, was found guilty of vehicular manslaughter and vehicular homicide in connection with the traffic death of 23 year old Scott Wilson, a Florida college graduate which occurred in February 2010, after Goodman, who had been drinking, hit Wilson’s car with his Bentley, and caused Wilson’s car to flip into a canal. Goodman left the scene of the accident on foot and waited approximately one hour later before reporting it to 911. By the time rescuers arrived at the scene, Wilson had drowned and was found trapped behind the wheel of his car. Goodman’s blood alcohol level three hours after the accident was more than twice the legal limit.  Goodman also received attention when he recently adopted his 42 year old girlfriend. Goodman’s attorneys say the adoption was to protect a $300 million trust fund for Goodman’s two biological children, who are now suing him because they are opposed to the adoption of his girlfriend as their new sister.

Goodman’s attorneys plan to appeal the case citing multiple errors committed before and during the trail, which he claims played a role in denying his client a fair trial. Sentencing is scheduled for April 30, 2012. Goodman could face as much as 30 years in jail.

Florida DUI Criminal Attorney
Florida DUI laws are complex. If you have been arrested for a Florida DUI, you should contact a FL criminal lawyer to defend you. The attorney understands the Florida DUI laws and can get your charges reduced to a lesser charge, probation, community service, get your enrolled in a drug or alcohol treatment program, help you obtain a hardship reinstatement license if you qualify or get your case dismissed.

Contact an Imhoff & Associates DUI Lawyer Today!

DUI Celebrity Arrests in California

 

 

 

 

 

 

While celebrity arrests for DUI or DWI offenses get more public attention, average citizens make up the majority of persons who are arrested for DUI/DWI offenses in California. Anyone who has been arrested for a DUI in California should take these charges seriously because California has some of the strictest DUI/DWI laws in the country.  Depending on the circumstances of your arrest, you may be charged with a misdemeanor DUI under California Vehicle Code Section 23152 or with a felony charge under California Vehicle Code Section 23153, if you cause an accident while driving under the influence of alcohol or drugs resulting in the death or serious injury of another person. Having the proper legal representation is crucial to the outcome of your case.

Penalties

A conviction could mean jail time from 96 hour to three years, fines up to $1,600 and payment of restitution to victims. For a first offense DUI conviction with a BAC over .08%, your driver’s license can be suspended for up to one year. Prior convictions are taken into account and may result in a longer suspension period, maximum sentence and/or fine.  For instance, for a second DUI conviction in California, your license could be suspended for one year or two years if you refuse to take a chemical test. Persons under the age of 21 with a BAC of .01% or more will have their driver’s license automatically suspended for one year.  You may be required to install an Ignition Interlock Device (IDD). Your insurance rates may increase. Three or more DUI/DWI convictions within the last 10 years with a BAC of .08% or more is considered a felony crime in California.

Celebrity Cases – DUI Arrests

Recently ex-adult film star Jenna Jameson was charged in Westminster, California for suspicion of DUI on May 25, 2012 after hitting a pole with her car. The police reported that Jameson suffered minor injuries and refused medical treatment at the scene. After a sobriety test showed some signs of intoxication, Jameson was arrested, charged with three misdemeanor counts, including driving under the influence of alcohol or drugs, driving with a blood-alcohol level over the state legal limit and driving on a suspended license and then released.  If convicted, Jameson faces up to one year in jail and suspension of her driver’s license. Jameson gained mainstream notoriety in 2004 after publishing an autobiography. She is the on again and off again girlfriend and mother of twin sons of mixed martial arts star Tito Ortiz.
Sports figure Oakland Raiders WR Darrius Heyward-Bey was also officially charged with drunk driving relating to his DUI arrest on April 7th on the San Francisco Bay Bridge after being stopped by police for speeding and weaving while driving in his 2012 Range Rover.  Heyward-Bey failed to pass a sobriety test administered by officers.  He is due to appear in court on May 31st. If convicted, he could face up to 6 months in jail. Heyward-Bey was the seventh overall pick in the 2009 draft.

Hiring a DUI/DWI Lawyer

If you are arrested for a DUI in California, you should refrain from making any statements to the police until you consult with a California DUI attorney. Hiring a California DUI attorney is recommended to ensure that you receive proper representation and that your interests are properly protected. The attorney will discuss all expected outcomes of your case so you can make the best decisions to make sure you receive a more favorable result.

Imhoff & Associates –Criminal Attorneys specialize in defending clients charged with DUI and DWI offenses. Your Imhoff DUI lawyer will review the police report, sobriety and BAC test results, any accident report, interview witnesses, and investigate all evidence to build a strong defense on your behalf should your case go to trial.  The attorney will investigate whether the police violated your Miranda Rights or your constitutional rights in connection with any search and seizure, negotiate with the prosecutor to get your charges reduced to a lesser crime such as speeding, get you community service, enrollment in an alcohol or drug treatment program, get you probation or have your case dismissed.

Denver Bronco’s Moreno Arrested for DUI

Knowshon Moreno, the Denver Bronco’s running back, was arrested on February 1, 2012, and charged with DUI, failing to have insurance and careless driving when he was pulled over by Denver police. According to a report by Denver television station KDVR-31, Moreno was driving a Bentley with personalized license plates “SAUCED” at approximately 70 miles an hour on Interstate 25 near Quincy Avenue and Union Avenue in a 65 mph area, which currently is a construction zone and has a posted speed limit of 45 mph. Moreno failed breath and field sobriety tests and was taken to a detox facility. He is scheduled to be arraigned on March 2, 2012.
Moreno was the 12th NFL draft pick in 2009 and has been experiencing a disappointing season before taking off a year for a torn ACL injury sustained during the November 13th game in Kansas City. He lost his tailback job earlier in the season to Willis McGahee. The Broncos made a statement acknowledging Moreno’s arrest and stating that the organization is taking the arrest seriously and monitoring it closely while the matter is under investigation.

Colorado DUI/DWAI Laws

Under Colorado DUI Statute C.R.S.A 42-4-1301, when a person is arrested in Colorado for DUI or DWAI, it is considered a misdemeanor offense, with a maximum one year jail sentence, unless the case involves a vehicular manslaughter or assault charge and/or other circumstances surrounding the arrest. You can also face a maximum fine of $1,000. In addition, you may have to pay restitution to any victims that were injured by you. If you are convicted of related charges, then more time could be added to your sentence. Factors taken into consideration by the judge include:
• How many other DUI arrests you have had
• Your BAC level
• Whether you were driving in a reckless manner
• Your attitude towards the arresting officer
• Whether there was an accident and injuries to other persons
• Whether you are remorseful
When considering how to charge you, the district attorney does not need to present any blood alcohol evidence. You could be convicted upon the arresting officer’s testimony that the officer either observed you driving in a manner that suggested you were driving under the influence such as swerving and/or that the officer smelled alcohol on your breath. Or you could be convicted based upon a breath and/or blood alcohol test showing your BAC was over the legal limit of 0.08. If convicted, you can also face the suspension of your driver’s license by the Colorado Department of Motor vehicles.

Hiring a DUI Attorney

Facing DUI/DWAI charges in Colorado is a serious matter requiring the representation of a Colorado DUI/DWAI attorney. It is recommended that you contact a Colorado DUI attorney immediately upon your arrest to defend you. Imhoff & Associates – Criminal Attorneys specialize in defending clients charged with DUI and DWAI offenses. Your attorney can raise such defenses as your fourth amendment unreasonable search and seizure rights were violated, the blood alcohol test or breath test machine was not working properly, the person who gave the test did not follow proper procedures or made an error or your blood alcohol sample was not handled properly or misplaced. Your attorney may be able to get your charges reduced to a lesser crime, get you community service, probation, attendance in an alcohol treatment program or get your case dismissed.

Lindsay Lohan’s Ex-Lover, Samantha Ronson, Arrested For A DUI

In California, you could be charged with a misdemeanor DUI under Vehicle Code Section 23152 or a DUI felony under Vehicle Code Section 23153 if you are driving under the influence and cause an accident and injure another person. For more serious crimes involving the death of another person while driving a vehicle under the influence, you should be charged with vehicular manslaughter under Vehicle Code Sections 191.5 and 192. California has very complex DUI penalties and takes DUI crimes quite seriously. Penalties are enhanced for prior driving convictions, when a minor child under 14 years of age is in the car at the time of the violation, when speeding occurs, when your BAC is over .08% or you refuse to take the chemical test.

Penalties

For a first offense DUI with a BAC over .08%, your driver’s license may be suspended for four months at the time of your arrest or up to one year if you refuse to take a chemical test. If you are under 21 years of age with a BAC of .01% or more, your license will be suspended automatically for one year. For a second offense DUI conviction, you could receive a one year suspension of your license and a two year suspension if you receive to take a chemical test. You could face jail sentences from 96 hours to three years and fines up to $1,600, and also be required to complete a driving under the influence program, and have to pay for the installation of an Ignition Interlock Device (IID) in your vehicle, as well as being required to obtain SR22 (California Proof of Insurance Certificate) car insurance.  A conviction of three or more DUI’s within 10 years and a BAC of .08% or more is considered a felony crime.

Example Case

Actress Lindsay Lohan’s ex-lover, Samantha Ronson, was arrested for a DUI on Monday August 1, 2011, around 10:30 a.m. in Baker, California.  Police officers stopped her for speeding because she was driving 19 miles over the posted speed limit of 70 miles per hour. Police suspected after she was pulled over that she was under the influence. She was given a balance test which revealed indications of intoxication. Police arrested Ronson after she refused a breathalyzer test.  It has been reported that at the police station she tested over the legal limit. Ronson did admit she had been drinking alcohol earlier, and claimed that she had been drinking late the previous evening and that she was on her way home from Las Vegas. She was released on Monday. Lohan has also been in the news the past couple year’s over her drug, alcohol and shoplifting cases.
If you are arrested in California for DUI, you should hire a California criminal defense attorney immediately. The attorney can investigate the police report to make sure the police had cause to stop you, and determine whether they have sufficient evidence to charge you. The attorney can argue that the search and seizure was illegal and try and get the case dismissed. Also, if the police failed to properly give you your Miranda rights, the attorney may be able to argue that your constitutional rights were violated and get the charges dropped. Another defense that the attorney may assert is that you were speeding. A skilled California criminal defense attorney may be able to get you probation or get you into a drug and alcohol counseling and treatment program in lieu of jail time.

Rodney King Booked On Suspicion Of Driving Under The Influence

California driving under the influence of alcohol and/or drug laws (DUI laws) are complex, and you could face stiff fines, penalties and jail time, especially if you cause an accident resulting in the serious injury or death of another person if your BAC is over .08% at the time of your arrest. Penalties are enhanced for second or more offenses, and you could face automatic suspension of your driver’s license for a minimum one year or more. You may also be required to install an Ignition Interlock Device (IID) in your car at your own expense and attend a drug or alcohol counseling program.

Penalties

Vehicle Code Sections 23152 and 23153

Under Vehicle Code Section 23152, you could be charged with a misdemeanor DUI or a felony under Vehicle Code Section 23153 if you cause an accident and/or injury to someone.

Penal Code 191.5 and 192

Under Penal Code Sections 191.5 and 192, you could be charged with vehicular manslaughter if you cause the death of another person while driving under the influence. A DUI first offender with a BAC over .08% faces suspension of their driver’s license for four months up to one year if they refuse to take a chemical test. Drivers under the age of 21 with a BAC of .01% face having their license automatically suspended for one year. For a DUI second offense and a BAC over .08%, drivers face a one year suspension or a two year suspension for refusal to take a chemical test.
Jail sentences range from 96 hours to three years and fines up to $1,600. You may be required to complete a driving under the influence counseling program, mandatory installation of an IID in your car, and have to obtain SR22 (California Proof of Insurance Certificate) car insurance.  Keep in mind that penalties are increased if you have a second or more conviction. Three DUI convictions within 10 years with a BAC of .08% are considered a felony in California.

Case

Rodney King, famous for his videotaped beating by Los Angeles police in 1992, which resulted in the trial of the police accused of brutally beating King and the 1992 Los Angeles riots that erupted after the verdict was read acquitting three of the LAPD officers and finding one of the officers guilty of excessive force, was arrested and booked on suspicion of driving under the influence on Tuesday July 12, 2011, in Moreno Valley, California. According to police, King committed multiple traffic violations while driving a 1994 Mitsubishi.  Police were not sure if King was drunk or on drugs at the time of the arrest.

If you are arrested for a DUI offense in California, you should hire a California criminal defense attorney to defend you. The attorney is an expert at California DUI laws and will assert legal defenses to get your charges reduced to a lesser offense such as speeding or negligence if you are charged with vehicular manslaughter, or the attorney may be able to you into a drug or alcohol treatment program to get you a suspended sentence or probation. The attorney will also investigate whether the police failed to observe Miranda warning laws before they questioned you in order to get your case dropped or help you with expungement of a DUI conviction or other driving record charges.

Can You Get A DUI For Using Hand Sanitizer?

A recent study conducted by the Department of Psychiatry at the University of Florida College of Medicine revealed that 8 out of 11 volunteers who had not used alcohol for five days tested positive for alcohol consumption in a urine test after frequently applying Purell hand sanitizer during the day. Purell contains 62% ethyl alcohol. The urine tests recorded levels of ethyl glucuronide of more than 500 nanograms per milliliter in the urine of 8 out of the 11 volunteers indicating that they had consumed alcohol recently. Further tests for another alcohol breakdown product, ethyl sulfate, were not found suggesting that levels of ethyl sulfate could be used as a distinguishing factor in determining whether someone had consumed alcohol or just used a product that contains alcohol. The urine test is a more accurate test than the breathalyzer test, which only measures the amount of alcohol on your breath, and any alcohol dissipates after a few hours.

The research further showed that the absorption of alcohol contained in products such as hand sanitizer, mouth wash, aftershave and cough syrup could result in someone testing positive in a urine test for alcohol use if you used more than 4 oz. a day, which is an ounce more than the size of a bottle allowed on an airplane. Health care workers may at the most risk of testing positive for alcohol consumption in a urine test because they are constantly using products to sanitize their hands throughout their working hours. Other individuals who are required by their employers to take urine tests for alcohol or drug use may want to avoid any products containing alcohol so that they do not test positive for alcohol consumption.

California DUI

If you failed a drug urine alcohol test or breathalyzer test in California because you were either pulled over by the police for suspicion of a DUI or you failed the drug alcohol urine test given by your employer, you should contact a California criminal defense attorney. In order to be convicted of DUI in California, you must have a BAC over .08% at the time of your arrest or a BAC of .01% for driver’s under 21 years of age. You could face jail sentences of 96 hours to three years and fines up to $1,600, as well as completion of  a driving under the influence program, installation of an IID in your vehicle and have to obtain SR22 (California Proof of Insurance Certificate) car insurance.  There are enhanced penalties for second and third or more California DUI convictions. A conviction of three prior DUI’s with a BAC of .08% within the previous 10 years is considered a felony. Even if you are a DUI first offender, your driver’s license could be suspended for four months.
The attorney may be able to establish that your urine test was a false positive because you only used a product containing alcohol such as hand sanitizer and either get your case dismissed or convince your employer that you were not using alcohol or drug so you can keep your job. If evidence does determine that you were consuming an alcohol beverage or an illegal drug while driving a motor vehicle in California, the attorney may be able to get your charges reduced to speeding, get you into a drug or alcohol treatment program with a suspended sentence, probation or get your case dismissed.