New York’s Daily News reports that the actor was pulled over on Oct. 16 after he failed to pay attention to an officer’s instructions to slow down in an intersection where an accident had occurred. The cops on scene said they smelled a “strong odor of alcohol,” and gave Musso a field sobriety test, which he failed, according to statements made by Sergent Sean Kelley of the Burbank Police Department to the newspaper.

Pictures: Celebrity mugshots

Video: Backstage at “Hannah Montana”

TMZ, which first broke the story, reported that law enforcement officials said Musso had a blood alcohol content level well above California’s legal limit of .08 during the breathalyzer test. Also, the drinking age in California is 21; Musso is only 20.

Musso was arrested for suspicion of DUI, and bail was set at $5,000, according to TMZ. He was released from custody a few hours later.

Musso currently stars on two Disney Channel shows, and voices the character of Jeremy Johnson on the Disney cartoon “Phineas and Ferb.” “Prank Stars” is a program where a celebrity plays a prank on an unsuspecting fan. “Pair of Kings” is a series about two 16-year-old twins who are being raised by their aunt and uncle when they find out they are heirs to the fictional island of Kinkow

For a second alcohol related, non refusal DUI conviction, California Vehicle Code (CVC)  § 13352(a)(3)  allows for a restricted license, with installation of an IID after 90 days of the suspension that is imposed as a result of the DUI conviction. It is important to keep in mind that, at this point, you can not get a restricted license for a 2^nd or 3^rd DUI conviction if that conviction involved a refusal to take a chemical test or involved drugs

For a third DUI conviction, CVC § 13352(a)(5) allows for a restricted license after 180 days.

CVC § 23700 requires the installation of the IID if you were convicted of DUI in the following counties: Alameda, Los Angeles, Sacramento, and Tulare. This is a pilot program that will remain in effect in these counties through 2016. The duration period for the IID pursuant to § 23700 is: 1st offense- 5 months, 2^nd offense- 12 months, 3rd Offense-24 months and 4^th or more offense- 36 months.

There are several questions raised by these new changes in the DUI laws. Two of the main questions are as follows.

First, can you get a restricted license even if the DMV has suspended your license pursuant to their Administrative Per Se (APS) proceedings? So far it the answer is no. According to the DMV you must served the APS suspension before you can get the restricted license stemming from the DUI conviction. Obviously, this position by the DMV could greatly diminish the value of the restricted license and will likely be modified in the future.

Secondly, is the pilot program IID requirement in Los Angeles County retroactive to July 1, 2010? No. It appears that the IID requirement only applies to arrests after July 1, 2010.

IID’s are expensive to install and maintain. The recent changes in the DUI laws effecting driver’s license suspensions and obtaining a restricted license are complicated even for most lawyers, judges and DMV personnel. If your license is suspended as a result of a DUI or if you are facing a DUI and you want to know if the new law changes apply to you, consult with an experienced DUI attorney. DUI attorney Matthew Cargal is available to answer your questions via his website, telephone, email or in person.

 The following is an article about Pasadena DUI Attorney Matthew Cargal and The Law Offices of Matthew Cargal that was released to over 100 media outlets on April 27, 2010.

PASADENA, Calif., April 27 /PRNewswire/ — Many attorneys, faced with a client’s call about their DUI arrest, consider the matter a mostly open-and-shut case. Either the blood alcohol level was above .08 or it wasn’t. Guilty or not guilty. DUI attorney Matthew Cargal, founder of http://www.cargallaw.com and http://www.duipasadena.com, disagrees and believes that DUI cases are often much more complex than they might initially appear.

Cargal’s seventeen years of experience handling DUI cases has shown him that many factors contribute to a large grey area in DUI defense. First is technology. Most people believe that the machinery for determining blood alcohol concentration is infallible. Such is not the case. Cargal works with various scientific and technical experts and has routinely demonstrated that the methods and machinery used to analyze blood or breath samples are often flawed. Cargal has exposed these flaws in courtrooms throughout Los Angeles , Orange ,  San Bernardino , Riverside and  San Diego  Counties .

Other areas that require Cargal’s rather rare legal expertise include the subjectivity of field sobriety testing, the inaccuracies of preliminary alcohol screening devices and the inadequate training and experience of most law enforcement personnel to conduct a fair DUI investigation.

“I have the experience of handling thousands of DUI cases to help me determine the best path for each DUI client,” comments Cargal. “In some cases I know from the very beginning that the client must go to trial. Other times the best course for a DUI client involves getting them into an alcohol or drug recovery program. Each case is different and must be evaluated on its own circumstances,” he reflected.

The most important first step is to chronicle every detail of what happened before your arrest through your release from custody including absolutely everything you ate and drank, any medication you took, plus what you did, where and with whom during the twenty-four hours before the incident.

In these days of online use, DUI attorney Cargal incorporates two important facets into his website: “Calculate your Blood Alcohol Level” and an “Online Case Evaluation” feature. Cargal recommends using his website’s blood alcohol calculator to get a realistic idea of how a BAC meter will read if a person drinks and drives. Although a “below the limit” reading doesn’t guarantee safe, unimpaired driving, it’s important for all drivers to know how drinking affects blood alcohol levels and the risks involved.

The “Online Case Evaluation” facilitates several things to help get a fast start to a DUI defense. This tool takes the client or a family member through a step-by-step, information-gathering process, absolutely critical to documenting the facts, details and nuances while they are fresh in everyone’s mind.

This online feature, of course, can be used 24/7, to help fast track the documentation process all in one accessible place. “With all the information at the attorney’s fingertips right away, the free initial consultation can delve right into the matters at hand,” comments Cargal.

“Being investigated and arrested for DUI is very traumatic. Add to that an accident and/or an injury and you typically have a person who is in a near state of shock. That person needs immediate, professional legal help that is provided in a calm, approachable and friendly manner. In some cases I need help to best help my clients. I’ve established reliable professional relationships with licensed counselors, treatment programs, bail bond companies and Jail Alternative consultants to predispose my cases to the best possibility of success. For those who have had multiple DUI convictions, the professional team of experts that I’ve assembled is even more critical, especially if the person needs immediate help with an alcohol problem or is facing the possibility of jail.

With the significant Latino population living in the Southland, Cargal has ensured that his staff speaks Spanish, for those who need translation assistance. A portion of the website is also available in Spanish.

For more information or a free in-person, telephone or online consultation, visit http://www.cargallaw.com or call 626-356-1392.

The 2nd case is with the court. The court case concerns criminal conviction, probation, jail, fines and other penalties. You were probably given a “Notice to Appear” which tells you when and where you must go to court. If you were not given a notice to appear or lost that document call the arresting agency immediately to find out the date, time and location of your court appearance.

Here’s the most important thing to remember:  the court usually will not decide what will happen to your driver’s license and the DMV will not decide whether you will be convicted of the DUI, drunk driving, OUI or DWI. Too many people I meet with believe that they need to wait until they go to court to find out what will happen with the driver’s license. Generally, if you don’t contact the DMV within 10 days of your date of arrest, by the time you go to court, your license is already suspended. For more information about the DMV APS hearings go to http://www.dmv.ca.gov/dl/driversafety/dsadminhearing.htm  or contact the Law Offices of Matthew Cargal at http://www.cargallaw.com

The National Highway Traffic Saftey Administration (NHTSA) has conducted studies  over the years regarding the most common driving pattens or “cues” exhibited by people who are investigated for DUI, drunk driving, DWI, OUI, driving under the influence (depending on your jurisdiction). In addition, NHTSA has placed percentages next to the driving cues indicating that if you see this driving cue then there is X% that the driver is impaired. There are 24 cues and they are broken down into 4 categories as follows:

 Problems in Maintaining Proper lane position – 50% chance the motorist is impaired

• Weaving,
• Weaving across lane lines,
• Straddling a lane line,
• Drifting,
• Swerving,
• Almost striking a vehicle or other object, and
• Turning with a wide radius, or drifting during a curve.

Speed and Braking Problems-45% chance the motorist is impaired

• Stopping problems (too far, too short, too jerky),
• Accelerating for no reason,
• Varying speed, and
• Slow speed.

Vigilance Problems -40% chance the motorist is impaired

• Driving without headlights at night,
• Failure to signal a turn or lane change, or Signaling inconsistently with actions,
• Driving in opposing lanes or the wrong way on a one-way street,
• Slow response to traffic signals,
• Slow or failure to respond to officer’s signals, and
• Stopping in the lane for no apparent reason.

Judgment Problems- 35 % chance the motorist is impaired

• Following too closely,
• Improper or unsafe lane change,
• Illegal or improper turn (too fast, jerky, sharp, etc.),
• Driving on other than the designated roadway,
• Stopping inappropriately in response to an officer,
• Inappropriate or unusual behavior, and
• Appearing to be impaired.

It is important to note that many of the cues are not violations of the law. There does not have to be an observed violation of the law for the police officer to stop you and conduct a DUI investigation. Additionally, as a DUI attorney for over 17 years, I am firmly convinced that most officers head out on certain patrols with an eye towards stopping cars for potential DUI.  Many law enforcement agencies around Pasadena and in Los Angeles County have specific duty details called DUI task force, DUI enforcement, or DUI detail. For more information about the DUI cues, drunk driving enforcement, field sobriety testing and other DUI, DWI, OUI and drunk driving issues check out the NHTSA website at http://www.nhtsa.dot.gov

The vast majority of cars and trucks seized at DUI checkpoints in Whittier, El Monte, Covina, Baldwin Park and Industry during the mid March DUI checkpoints were driven by people who lacked a valid driver’s license but were not impaired by alcohol or drugs.

When Baldwin Park officers impound a car, the city receives a $111.55 tow payment, a $144.24 administrative release payment and 20 percent of all proceeds collected by the tow company for storage, according to city documents and officials.

Baldwin Park police impounded 61 vehicles and arrested one person for drunk driving at the recent DUI checkpoint. Whittier police impounded about 10 vehicles and arrested one person for DUI. Covina police impounded 28 vehicles and arrested four people for warrants and narcotics but no DUI arrests. Sheriff’s Industry Station deputies impounded 58 vehicles and arrested three people on alcohol-related charges. El Monte impounded 19 vehicles and made one alcohol-related arrest.

The practice of impounding the vehicles of unlicensed drivers has come under scrutiny in the last several years. In 2005, a federal appellate court ruled that police cannot impound cars solely because the driver is unlicensed. Recently, San Francisco Police Department instituted a policy that prohibits officers from impounding a vehicle if a licensed driver can pick it up within 20 minutes. DUI attorneys, Criminal attorneys and Civil Rights attorneys are questioning whether the increase in DUI checkpoints in California is really aimed at deterring driving under the influence or is just another attempt by the government to boost the faltering local economies.