Los Angeles DUI by Age Group: Ages 40 to 60

DUI 40-60 Drivers who are between the ages of 40 and 60 are often charged with driving under the influence offenses in Los Angeles and may face unique issues when compared with other drivers. These drivers make up a significant portion of the population and may have grown up during a time when driving under the influence was not treated as seriously as it is today.

40 to 60 Age Group Has Difficulty at Field Sobriety Test

Many of the drivers who are in the 40 to 60 age group have a lifetime of driving experience and may not commit the same driving violations that younger drivers are more prone to commit. In fact, it is often the case that drivers in the 40 to 60 age group who are ultimately arrested for DUI offenses are stopped as part of a DUI checkpoint operation. During these operations, all drivers passing through the checkpoint will be quickly evaluated by officers manning the checkpoint for signs of intoxication. If these are observed, the driver will be singled out for further investigation.

While drivers in the 40 to 60 age group may be better drivers than their younger counterparts, these drivers tend to have more difficulty completing the field sobriety testing that is typically part of a DUI investigation. The National Highway Traffic Safety Administration (“NHTSA”) has set forth guidelines regarding the various field sobriety tests that are considered by law enforcement agencies to be an effective tool in determining whether or not a driver is under the influence of drugs or alcohol.


Many of these tests require the test subject to complete a variety of physical activities designed to measure the subject’s agility, balance and ability to remember and follow instructions. For many people, the field sobriety tests are difficult to complete even while sober. External factors such as weather, road conditions and footwear can all affect a driver’s perceived performance on the field sobriety tests.

40 to 60 Age Group May Suffer from Physical Conditions

Drivers in the 40 to 60 age group may suffer from physical conditions that would affect their ability to perform well on the field sobriety tests. If the driver has a preexisting condition that makes it difficult to perform certain physical activities, they may not perform as well on the field sobriety tests as drivers without such conditions. For drivers in this age group, officers and prosecutors may assign greater weight to a perceived failure of a field sobriety test and it may be necessary to rebut this by showing how other outside factors and preexisting conditions may have affected the driver’s performance.


Drivers in the 40 to 60 age group who are charged with DUI may also face other unique issues. If the driver had a relatively low blood alcohol content (close to the 0.08 percent legal limit) and no prior criminal record, a prosecutor or judge may be more willing to consider allowing the defendant to plea to a reduced DUI charge.

However, if the defendant had a high blood alcohol content at the time of driving, there may be an assumption that the defendant is an experienced drinker who has merely avoided detection in the past. In these cases, the Court and prosecutor may seek additional penalties for defendants who are ultimately convicted of a driving under the influence offense.

In addition, if the driver had prior DUI convictions within the previous ten years, these old DUI convictions can be used to enhance the sentence of the current DUI charge. The defendant may be required to a serve substantial jail sentence and complete a longer drug and alcohol education program. Even if a driver’s prior conviction occurred outside of the ten year lookback period, judges and prosecutors will still be aware of the earlier offense and will often require more substantial penalties as a result of the earlier conviction.

If you have been charged with driving under the influence, it is crucial that you speak with a Los Angeles DUI Lawyer right away. Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is renowned in the legal community for his skills in the courtroom and knowledge of DUI law.

For more information about DUI offenses for those between the ages of 40 and 60, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
Today
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.