Thursday, December 3, 2015

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

Holiday Party Drinking

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 or call 1.800.943.8310.

Monday, November 16, 2015

Alcohol Absorption and the PAS test

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.

Thursday, November 12, 2015

Alcohol Absorption (Ethanol Metabolism)

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.

Wednesday, November 11, 2015

The Science of Blood Alcohol Content in DUI Defense

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

Thursday, September 3, 2015

DUI Checkpoints and Saturation Patrols During Labor Day Weekend

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.

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."

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.

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.

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.

Tuesday, June 9, 2015

What Happens When You Violate Probation?

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

Tuesday, March 24, 2015

Is a DUI a Felony or a Misdemeanor?

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.

Tuesday, March 10, 2015

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

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

DUI Patrols Planned in Adams & Lancaster Counties

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 or call 818.936.2140.

Friday, March 6, 2015

DUI Checkpoints in Oxnard This Weekend

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 or call 805.334.0260.

DUI Checkpoint in Seal Beach

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