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Los Angeles DUI Lawyers

1. Hale, Robert: It may surprise you to know that it is not illegal to drink and drive. It is illegal only to drive under the influence (impaired), or to drive with .08% or greater blood alcohol content (.08% BAC). DUI/Drunk Driving Has Serious Consequences Also known as Drunk Driving and DWI,* Driving Under the Influence /DUI is a common but serious offense with increasingly severe consequences. Under the California Vehicle Code a person is Òunder the influenceÓ or impaired if they are unable to operate a motor vehicle with the caution of an ordinary sober person due to the consumption of alcohol and/or drugs. [VC 23152 (A)]. California law also prohibits driving a motor vehicle with .08% or greater blood alcohol content, regardless of oneÕs ability to drive. [VC 23152 (B)]. Both are referred to as ÒDUIÓ convictions. Poor driving, physical symptoms, and performance on Field Sobriety Tests (FSTÕs) are used to determine whether a person was ÒimpairedÓ and under the influence. A breath or blood test is used to show .08% or greater blood alcohol content. A person can be convicted of either or both DUI and Driving with .08% BAC, but can only be punished for one offense. California law imposes strict punishment for DUI convictions, including stiff fines, jail time, and suspension of your driving privilege, as well as probation, DUI education courses, and installation of an ignition interlock device on your vehicle. Refusal to take a breath or blood test may result in suspension of your driverÕs license for one year for a first offense. Consequences become increasingly severe for each subsequent offense. A fourth offense for DUI, or DUI with Injury may be filed as a felony with state prison. As of 2005, Los Angeles County Plea Forms include an advisement that driving under the influence is Òextremely dangerous to human life,Ó and even a first-offender subsequently arrested where someone is killed as a result of driving under the influence Òcan be charged with murder.Ó Los Angeles DUI Lawyer Fights Field Sobriety Tests And Blood-Alcohol Testing Police sloppiness in giving and interpreting field sobriety tests (FSTÕs) may raise a doubt as to impairment. Likewise, although breath, blood, and urine testing are scientifically based, they are all prone to human error and require strict procedures to be followed. Police and technicians routinely fail to follow the required procedures, making test results unreliable. Imprecision of the breath-testing machine itself may raise a doubt. Breath machines do not test specifically for ethyl alcohol found in alcoholic beverages, but rather test for a ÒfamilyÓ of alcohol, of which ethyl alcohol is only one type. As a result, breath machines may erroneously indicate as alcohol many common chemical compounds absorbed into our system from our every-day environment. Radio frequency interference can also result in inaccurate readings. Or the alcohol may have come from a source other than deep lung air. Acid Reflux Disorder (heartburn) allows gasses carrying stomach acids and alcohol back into the esophagus and the mouth by way of a burp, which may then be blown into the breath machine and falsely registered as breath-alcohol. Another common source of false breath-alcohol readings is food particles trapped in dental work or spaces between the teeth. These and other defects allow an aggressive defense for even the most seemingly slam-dunk DUI case. With such serious consequences riding on the outcome, do not assume that you are guilty of DUI without having a competent DUI Attorney evaluate the particular facts of your case.
2. Moore, Portasha: Family Law ¥ Estate Planning ¥ Serious Personal Injury Claims ¥ Criminal Defense
3. James D. Clark: Your driving privileges are at stake. Your license could be suspended or revoked. Time is important. You need to know where you stand.
4. Diamond & Associates: if you wish to challenge the reason for being stopped, the accuracy of the blood or breath test, or even other circumstances involved, an attorney is essential.
5. Sun Han: Most convictions of traffic offenses, such as hit and run, reckless driving, and driving under the influence (DUI) will remain on your record for 7 years from the violation date and are designated as 2 points.
6. Ledger & Associates: The government enjoys many advantages in any criminal prosecution - not the least of which is virtually unlimited resources in money and manpower. When the government arrests one of its citizens, the experience can be terrifying. The vast majority of DUI defendants are not "criminals"; rather, they are ordinary hard working and law-abiding citizens caught up in the criminal justice system.
7. Jonas & Driscol: DUI Penalties
8. Pilchman & Kay: It is never a bad idea to consult with an Southern California Criminal Defense Attorney before speaking to any investigator, police officer or office personnel about a potential issue. In fact, sound legal advice could mean the difference between continuing in your practice or having to find a new line of work. DUI cases are not always as simple as being pulled over, blowing into a breathalyzer, being arrested, and being convicted for drunk driving. First, the police must have "reasonable suspicion" before pulling you over. Secondly, a field sobriety test must be conducted according to proper procedure. Third, if a breathalyzer is used, it must be calibrated correctly and have an up-to-date maintenance record. Next, breathalyzer results can be affected by how hard you blow into a machine. In California, there are usually two ways you can be found guilty of drunk driving: 1. Vehicle Code Section 23152(a) provides that if you drive a motor vehicle while under the influence of alcohol or under the influence of drugs (including prescription drugs) you can be found guilty. What the government needs to be prove is that the driver, at the time of the stop was impaired and unable to safely operate a motor vehicle. Typically, a pattern of driving, objective symptoms and Field Sobriety Tests (FSTÕs) are presented in court to show physical impairment and intoxication. 2. Vehicle Code Section 23152(b) provides that if you are driving under the influence of alcohol and a sample of your blood or breath shows a level of .08 or above, you can be found guilty. A jury must be convinced beyond a reasonable doubt that the person's Blood Alcohol Content (BAC) was beyond that legal limit. So, if the government proves that your BAC was.08 % or higher at the time of the stop, you can be found guilty, regardless of the amount you actually drank. If a person is arrested for DUI or DWI they are usually charged with both vehicle code sections 23152(a) & (b). Driving Under the Influence cases can have serious criminal consequences in addition to the actions taken by the California Department of Motor Vehicles If you are convicted of DUI or DWI or impaired driving, with the use of prescription drugs the potential consequences may include severe fines, your driving privileges suspended or revoked from you and jail. You can lose your job and your insurance company will likely raise your rates. An experience aggressive DUI attorney representing you can make all the difference. If you hold a professional license, conviction of DUI charge may jeopardize your career so our attorneys will file all pre-trial motions, negotiate and engage in trial always aggressively so that you donÕt lose your job. Regardless if you or your loved one has been charged with a felony or misdemeanor DUI, you need aggressive representation immediately.