DUI Case Studies
True stories of Californians arrested for DUI that Jon Artz has kept out of jail and behind the wheel.
West Covina Nurse DUI with 0.15% Blood Alcohol
On July 13, 2010 a young nurse was arrested in West Covina, CA for Driving Under the Influence (DUI). A preliminary alcohol screening test showed her blood alcohol content (BAC) level at .15%, .15%. The nurse allegedly refused to take a chemical test at the sheriff's station. Mr. Artz subpoenaed the officer to the DMV, and was able to get the officer to admit that, only after the breath test result showed "insufficient sampling" did he ask her if she would take a blood test. The DMV held in favor of the nurse (licensee) and the nurse's driver's license suspension was set aside. Mr. Artz used the DMV tape of the officer to erode the prosecution's case, including the officer's credibility, and settled the case for a reduced charge of reckless driving with a $90 fine.
Young Entrepreneur DUI (Cocaine) with 0.15% Blood Alcohol
A successful entrepreneur was recently arrested in Newport Beach for possession of cocaine, and charged with DUI. A blood test showed .15% blood alcohol level. After filing motions and working with the client for rehabilitation and recovery, the court dismissed the "possession of cocaine" felony charge and the charge of intoxication (driving with .08% of drugs and/or alcohol). Mr. Artz was able to plead the client to a single charge of driving under the influence. The client got his driver's license back and was able to continue driving.
Businessman Caught on Cell Phone with Two Suspended-License Priors
A successful businessman was referred to Jon's office by his civil attorney. He had two prior charges in the Airport court of driving on a suspended license, one from Santa Monica in Department 147 and one from LAPD in Department 141 (in which he had bench warranted). On developing a strategy, filing proof of declarations, and having a license from another state, both cases were terminated with infractions. The Santa Monica case was reduced to a cell phone violation (the underlying citation) and the LAPD case was reduced to an infraction of having no license in his possession.
Refused blood test - 2 prior DUI convictions
A 2010 client was arrested for felony DUI, and the DMV alleged that he refused to submit to a blood alcohol test. He was taken to the police station where two Sheriffs had the client take a breath test, which came back with "insufficient results." The first Deputy Sheriff alleged the client then refused a blood test. Mr. Artz subpoenaed the second Deputy Sheriff to the DMV hearing and was able to prove from the second Deputy's testimony that the client did not refuse the chemical test. Due to his mastery of cross-examination techniques, Mr. Artz was able to save his client from a 3-year revocation of his license - despite the fact that the client had two prior DUI convictions!
| Client | Court | Facts | Verdict/Disposition |
| B.C. | Alhambra - LA Superior Court | Speeding (60 in a 35) at 2:40 a.m. Blood test = .13% | 9/3 Not Guilty of DUI 9/3 Not Guilty of driving with a bac of .08% or higher Case Dismissed |
| R.F | Metropolitan - LA Superior Court | Speeding (92 in a 55) at 2 a.m. Blood test = .17% | 1 point exhibition of speed after CHP testimony was impeached by DMV tape. No DUI conditions |
| C.C. | Fullerton - Orange County Superior Court | Drifting across lanes at 2:11 a.m. PAS tests = .12, .11% Breath test = .11% | Not Guilty of DUI Not Guilty of driving with a bac of .08% or higher Case Dismissed |
| D.M. | West Covina - LA Superior Court | Traffic Accident Blood test = .24% | Not Guilty of DUI Not Guilty of driving with a bac of .08% or higher Case Dismissed Won the DMV |
| J.P. | Ventura - Superior Court | Erratic Driving (nearly missing the road median). Blood test = .26% | Not Guilty of DUI Not Guilty of driving with a bac of .08% or higher Acquitted DMV Suspension Set Aside |
| S.H. | Ventura - Superior Court | Blood test = .16% | Not Guilty of DUI Not Guilty of driving with a bac of .08% or higher Acquitted DMV Victory |
| T.B. | Malibu - LA Superior Court | Traffic Accident Marijuana Suspicion Blood test = .09% | Reduced to V.C. 23109(c) DMV Victory |
| C.B. | Airport - LA Superior Court | Car squealed as it turned onto PCH from Sunset at 3:15 am Breath tests = .09% | Reduced to V.C. 23109(c) |
| B.M | Alhambra - LA Superior Court | Speeding PAS tests = .12%, .11% Refused Blood test | Case Dismissed DMV Victory |
| J.L. | Malibu - LA Superior Court | Felony DUI with injury to a LA County Sheriff's Officer Refused PAS Test Blood test = .08% | Reduced to Misdemeanor V.C. 23152(b) No Jail time No Loss of License |
| K.L. | Van Nuys - LA Superior Court | Checkpoint Stop Failed FST Breath test = .09%, .08% | 1 point exhibition of speed No DUI conditions DMV Victory |
| P.P. | Beverly Hills - LA Superior Court | Felony DUI with an accident causing serious physical injuries Blood test = .38% Blood test = Cocaine | Reduced to Misdemeanor V.C. 23152(b) No Jail time |
| J.S. | Santa Barbara - Superior Court | Hit-and-Run | Case Dismissed |
| R.P. | Van Nuys - LA Superior Court | Cell phone use while driving PAS test = .08%, .08% | Reduced to Non-moving cell phone violation with a $20 fine |
| S.C. | Airport - LA Superior Court | Stop for tinted window at 3:15 am Breath test = .09% | 1 point exhibition of speed |
| M.A. | Metropolitan - LA Superior Court | Drifting across lanes at 3am PAS test = .09%, .08% Breath test = .08%, .09% Prior Conviction for DUI Other Criminal History | Reduced to exhibition of speed No Alcohol Program |
| T.L. | Airport - LA Superior Court | Speeding and Weaving PAS test = .09%, .09% Blood test = .09%, .09% | 8/4 Not Guilty of DUI 9/3 Not Guilty of driving with a bac of .08 or higher Case Dismissed DMV Victory |
| J.K. | San Luis Obispo - Superior Court | Bad Driving PAS test = .20%, .19% Breath test = .19%, .18% Prior Convictions | Prior Convictions declared unconstitutional Helmandollar Acquittal Set Aside DMV Suspension |
| S.K. | Airport - LA Superior Court | Weaving at 4:17am PAS test = .10%, .09% Breath test = .09%, .10% | Reduced to 1 point exhibition of speed |
| C.K. | Metropolitan - LA Superior Court | Erratic Driving PAS test = .08%, .09% Breath test = .09%, .10% | Reduced to 1 point exhibition of speed No Alcohol program |
| J.H. | Indio Superior Court - Riverside County | Battery on a Spouse (PC 243(e)(1)) | Reduced an infraction of disturbing the peace and a small fine |
| B.M. | San Fernando - LA Superior Court | Hit-and-Run and Driving on a Suspended License | Hit-and-Run and Driving on a Suspended License Dismissed Reduced to an infraction of driving without a license (a no point violation) |
| C.B. | Van Nuys - LA Superior Court | Felony Possession of a Controlled Substance and DUI | Demurrer Granted Felony Possession and DUI Dismissed |
| M.D. | Metropolitan - LA Superior Court | Bad Driving at 1:45am PAS test = .09%, .09% Breath test = .09%, .09% | Reduced to Exhibition of speed |
| S.H. | Airport - LA Superior Court | Felony DUI (3 Prior DUI Convictions) | Case Dismissed |
| N.D. | Van Nuys - LA Superior Court | Speeding and weaving between lanes PAS test = .09% Breath test = .08%, .10% | Reduced to Exhibition of speed |
| R.M. | Malibu - LA Superior Court | Battery PC 243(e) | Case Dismissed |
