Los Angeles DUI Lawyers
- Campbell & Faal:
You should consult an attorney for individual advice regarding your own situation.
- Kosnett & Durchfort:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.
- Robert Hale:
Can I refuse a Breathalyzer test? A: Although the answer can vary by
state, in many cases such a refusal is itself a criminal violation
subject to stiff penalties. In addition, if the case against you is
proven anyhow, the penalties for the refusal may be above and beyond
those for the drunk driving itself.
- Guzin & Steier: DUI Conviction Is Not a Crime of Violence
for Purposes of Alien Deportation
The Immigration and Nationality Act (INA) permits deportation of an
alien convicted of an "aggravated felony," which can include "a crime
of violence for which the term of imprisonment [is] at least one year."
In line with this provision, aliens convicted of driving under the
influence of alcohol (DUI) in More...
DUI Laws in Every State and the Consequences of DUI Conviction
Every state makes it a crime for a driver to operate a vehicle (car,
motorcycle or commercial vehicle) while under the influence of alcohol
or drugs. Commonly called driving under the influence (DUI), this
offense may also be called driving while intoxicated (DWI), operating
under the influence (OUI) or operating More...
- Jerry Fernandez:
Generally, higher BAC levels cause eye jerking at smaller angles. Law
enforcement officers look for three specific HGN signs in both eyes of
a DUI suspect, scoring each clue and using the total score as an
indicator of impairment. Common HGN signs include: Lack of Smooth
Pursuit jerky eye movements as eye tries to keep on target with a
moving stimulus Distinct Nystagmus at Maximum Deviation eye appears to
quickly bounce back and forth for at least four seconds at extreme
lateral gaze Onset Prior to 45 Degree Gaze Angle jerking is distinct
and continuous at an angle of gaze prior to extreme lateral gaze
Because it measures BAC levels based on an involuntary physiological
response, the HGN test has proven to be the most accurate individual
component of the SFST battery for detecting BAC levels between .08% and
.12%. In contrast, many DUI suspects are able to perform the WAT and
OLS tests (both physical agility exercises) acceptably even when
impaired. Based in part on the accuracy of scientific tests as opposed
to physical agility exercises, the NHTSA recently added the Vertical
Gaze Nystagmus (VGN) test to the SFST protocol. VGN occurs at maximum
deviation of the eyes upward and indicates high BAC levels.
- Todd Melnick:
Prior convictions for DUI can be obtained from a variety of sources.
Agencies that may have information on an individual's prior charges and
convictions include: Prosecutors' Offices Law Enforcement Agencies
Departments of Motor Vehicles County and Municipal Courts Probation and
Corrections Offices Newspaper Archives
As these agencies may have access to a DUI defendant's driving record
and/or criminal history, prosecutors seeking to enhance a new charge
can search the records maintained by such agencies to discover evidence
of any prior convictions. However, even if a prosecutor determines that
a prior conviction exists based on information obtained from one of
these agencies, the records may not be sufficient for use in court.
- Marc Legget: Evidence of a criminal defendant's prior crimes
or convictions may be relevant in a proceeding for a subsequent
offense. Notwithstanding the relevance of such evidence, the Federal
Rules of Evidence (FRE) generally prohibits the use of evidence of
prior crimes to prove the character of the person against whom it is
introduced. Specifically, FRE 404(b) bars the admissibility of
"evidence of other crimes, wrongs, or acts...in order to show action in
conformity therewith."
- Sean Tabibian: If you or someone you know has been accused or
arrested, you will need an aggressive, experienced, and knowledgable
diverse team on your side.
- Chris Masjedi: To
preserve your right to drive in California, you must request a hearing
within 10 days after your license has been taken from you by an officer
or within the time set by Motor Vehicle in a revocation letter. A
hearing must be initially scheduled within 30 days, or else the DMV
must issue a stay of the suspension, so you will be able to continue
driving pending the hearing. If you had a valid license when stopped,
you are qualified for a temporary license to drive until the hearing.
You will be mailed a notice of the hearing about three weeks after your
request. You can plan on at least 45 days of driving.
- Neil Shouse:
The three most common DUI charges in California fall under the
following statutes: Vehicle Code 23152(a) - Driving under the influence
of either alcohol or drugs. This section of the law does not require a
minimum blood alcohol concentration. You may be "under the influence"
even if your blood alcohol concentration is the below .08 threshold for
section (b) below. Vehicle Code 23152(b) - Driving with a blood alcohol
concentration (BAC) of .08 or above. Vehicle Code 23153(a) - Driving
under the influence causing injury. This offense is a felony, but can
also be charged as a misdemeanor under Vehicle Code 23554.
- Marty O'Toole: Of
all of the field sobriety tests used by police officers to determine a
driver's level of intoxication in DUI arrests, the Horizontal Gaze
Nystagmus (HGN) test is the most popular among law enforcement officers
for effectively determining evidence of a driver's blood-alcohol
concentration (BAC). HGN is an involuntary jerking of the eye that
occurs naturally as the eyes gaze to the side. During the HGN test,
officers instruct DUI suspects to follow a stimulus (usually a
penlight) with their eyes, estimating the driver's BAC level based in
part on the angle of gaze at which jerking is first observed in each
eye. Despite its proven accuracy, the admissibility of the HGN test in
court is the most heavily scrutinized of all field sobriety tests.
Specifically, some courts characterize the HGN test as a scientific
test, requiring prosecutors to lay the foundation for the admission of
HGN evidence via expert testimony.
- Caree Harper: In order to conduct DUI checkpoints within the
limits of the Fourth Amendment, law enforcement officers should operate
stops in a manner minimally intrusive on the rights of motorists. Some
of the characteristics of a constitutionally permissible DUI sobriety
checkpoint might include: Checkpoint locations determined by commanders
or first-line supervisors Advance publicity of the checkpoint Warning
signs placed along the highway to notify motorists Adequate lighting
Ample room to conduct the stop at a safe location Officers in full
uniform and readily identifiable
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