Lamar Odom’s DUI arraignment was postponed for approximately two weeks after a judge granted his lawyer’s request for this continuance in the Van Nuys Superior Court’s misdemeanor traffic arraignment courtroom last Friday morning.

Odom is being charged with driving under the influence of alcohol, or drugs, or both (California Vehicle Code section 23152(a)), and was being represented in court by his attorney without being personally present.

Odom was arrested in the early morning hours on August 30 after law enforcement allegedly saw his car swerving across lanes on the 101 freeway.  He was also, allegedly, driving at only approximately 50 mph on the freeway, a 65 mph zone.  Officers allege that Odom failed to pull over for approximately 1 mile and failed several field sobriety tests at the location of arrest.

Once at the station, Odom refused to take any of the state-required blood alcohol tests (breath, urine or blood) and this caused an automatic 1 year suspension of his driver’s license from the DMV.  This suspension takes place immediately and stays in place regardless of the outcome of his criminal DUI case.

If you have been arrested for a DUI and charged with refusing a chemical test, it is crucial that you contact an attorney and have that attorney contact the DMV within 10 days of your arrest to request a hearing.  This administrative hearing will address the issues of whether or not law enforcement had reason to suspect you were driving under the influence, whether you were lawfully arrested, if you were properly advised that your license would be revoked or suspended for 1 year and if you willfully refused a test after all was said and done.

In court, a DUI refusal may lead to increased penalties should you plead guilty or get convicted at trial.  The prosecution will be seeking some form of jail time (minimum of 48 hours), a 9-month drinking and driving program and other possible additional penalties.

If you have been arrested and charged with a DUI in Los Angeles, Metro Court, Airport Court, Pasadena Court, Burbank Court or East Los Angeles Court, contact attorney Ross Erlich now for a free consultation.  Attorney Ross Erlich is available 24/7 and will evaluate your case and present you with your options right up front.