Los Angeles DUI Lawyers
- Yeh, Jeffrey:
Things You Need to Know
1. Things You Need to Know - DUI TipsDuring a DUI investigation, you should politely refuse to answer any of the cop's questions, including but not limited to where you are coming from, where you are going, what did you have to drink, how muchÉetc. The threat of jail usually prompts people to start talking, yet talking does absolutely nothing but make your conviction easier later on in court. Think about it, would you rather the state have verbal evidence from you, or none? We have Miranda rights for a reason. Exercise it!
2. If you are 21 or older and not on probation for a prior DUI, it is in your best interest to refuse a Preliminary Alcohol Screening Test (also known as the PAS Test). This on-scene breath test is completely voluntary. DonŐt confuse this test with the breath test that you may be legally obligated to take (see Tip #4).
3. Field Sobriety Tests (also known as FST) are completely voluntary, and you should NEVER do them unless you are on probation for a prior DUI. The threat of jail usually prompts people to acquiesce to whatever the cop demands, but performing these exercises will simply make your conviction in court a lot easier later on, because you have voluntarily provided evidence the state can use against you.
4. If you are taken to a police station, you will be given the choice of a breath or blood test. Always choose the breath test, which is the less accurate of the two. That way, you have a better chance of challenging the results later on in court.
5. One can of 12 ounce beer, one 4 ounce glass of wine, or one shot of 80 proof hard liquor will each register about a .02% BAC for the average person. It takes approximately one hour for each drink to be eliminated from the body. Of course, this is assuming that the testing device is accurate, which is often not the case.
6. When questioned by a police officer, many people will intuitively say that they drank Ňmany many hours ago.Ó While it is always best to remain silent, if you canŐt resist the urge to talk, then at least donŐt lie, because recent consumption of alcohol actually is one of the factors that may help you in attacking the breath machine later on; it renders the breath readings artificially high (ie. drinking 5 minutes ago is much better than saying you drank 5 hours ago).
7. Just because your car is in ŇparkÓ doesnŐt mean you will not be arrested / cited for DUI. If you feel necessary to pull over and rest, find a legitimate parking space instead of pulling over by the side of the road, which invites suspicion. Moreover, make sure the engine is turned off, and preferably the keys are not in the ignition.
8. If you have a strong odor of alcohol emitting from your mouth, use gum, not mouth wash, which often contains alcohol and not only increases your odor of alcohol but may also cause a breathalyzer to read a higher alcohol content.
9. Always make sure your headlights and brake lights are working properly, and your windows are not tinted. Police officers are already looking for every possible reason to pull you over; donŐt give them a freebie.
- Hakim, Robert:
Driving Under the Influence ( DUI ) in California is usually considered a criminal offense, and a DUI arrest can have a serious affect on your life if handled improperly. Being charged with a misdemeanor DUI or DWI or drug charge in California could mean jail time or loss of your driver's license and should be taken seriously.
In California, conviction of driving under the influence (DUI)
or driving while intoxicated (DWI) can lead to:
* Hefty fines (some courts will add an extra "Driver Responsibility" tax)
* Suspension or revocation of your driver's license
* Enrollment in a drunk driver education program
* Points on your driver's license (leading to higher insurance rates)
* Community service
* Parole
- Lee, Kim, Porta &
Fields:
DUI is shorthand for Driving Under the Influence. A person is guilty of
DUI if he or she drives or is in actual physical control of a motor
vehicle and is under the influence of alcoholic beverages or any
chemical or controlled substance to the extent that his or her mental
faculties are impaired or when his or her blood alcohol level (BAC) is
above the legal limit for the state.
- Los Angeles Criminal Defense:
Chances are you came into contact with the police in one of three ways:
by being pulled over, sobriety checkpoints, or in response to an
accident. Whether you know it or not, you were asked incriminating
questions, probably without your Miranda rights advisement and without
any right to consult with an attorney. You were "asked" to do a series
of "field sobriety tests" under emotionally stressfull conditions.
These field "sobriety" tests are nearly impossible for most to pass
while sober. You may have been given a hand-held "PAS" (preliminary
alcohol screening) breath test. You probably didn't know that the
officer probably did not read the advisement that you dont have to take
that test (unless you are under 21). After your arrest, you were then
required to submit to breath or blood testing, usually at the police
station, again, without any right to speak with an attorney. Contrary
to popular belief, the breath machines used by the police are
inaccurate and highly unreliable, and many officers administering them
are unfamiliar with proper procedures. If you refuse, or if the police
feel you are not cooperating to the officers satisfaction, blood can be
forceably drawn. Whether blood is drawn or not, a refusal will trigger
a mandatory jail sentence and a one-year license suspension. If the
breath test is over .08%, or if there is a blood sample withdrawn or a
refusal reported, the police will confiscate the suspect's license and
issue him a notice of suspension and 30-day temporary license (the 8
1/2 x 11 pink paper).
- Lewin & Associates:
WARNING! IF YOU DON'T ACT QUICKLY, YOUR DRIVER'S LICENSE MAY BE TAKEN
AWAY FROM YOU
If you have been arrested for Drunk Driving, you MUST request a D.M.V.
hearing within 10 days of your arrest to contest any suspension of your
license. If you do not request a D.M.V. hearing within 10 days of your
arrest, your license will be automatically suspended or revoked 30 days
after your arrest.
When you are arrested for a DUI, there are really TWO SEPARATE CASES
being prosecuted against you, and two cases that you have to defend:
1. The D.M.V. case, where your driver's license can be taken away and
suspended; and 2. The criminal case, where the result can be probation,
jail, fines, alcohol education classes, an ignition interlock device
being installed in your car, community service, Cal-Trans, vehicle
impound, increased automobile insurance, depending upon the facts of
your case.
BOTH OF THESE CASES CAN BE SUCCESSFULLY DEFENDED BY AN EXPERIENCED,
KNOWLEDGEABLE DEFENSE ATTORNEY!
DUI cases are unique. To successfully defend these cases, the attorney
you hire must be experienced in fighting the D.M.V. Administrative Per
Se hearings, and must thoroughly know DUI law. We have successfully
handled hundreds of DUI's and D.M.V. hearings! To learn more about DUI
law and how we can help you, you may click on all of the links on the
left side of this page under the DUI/Drunk Driving heading.
- Fay Arfa:
YOUR CONSTITUTIONAL
RIGHTS Right To An Attorney You have the right to be represented by an attorney
throughout all criminal proceedings. Right To A Jury
Trial You have the right to a speedy,
public jury trial. At the trial, you would be presumed innocent, and
you could not be convicted unless 12 impartial jurors were convinced of
your guilt beyond a reasonable doubt. Right To Confront
Witnesses You have the right to confront
and cross-examine all witnesses testifying against you.
Right Against Self-Incrimination You
have the right to remain silent and not incriminate yourself and the
right to testify on your own behalf. Right To Produce
Evidence You have the right to present
evidence and to have the Court issue subpoenas to bring into court all
witnesses and evidence favorable to you at no cost.
- Myles L. Berman: Being arrested
for "Driving Under the Influence" doesn't have to be a devastating
experience. If you have been charged with driving under the influence, you possibly face strict and severe DUI penalties. Law enforcement agencies and advocacy groups have cracked down on drunk driving, and driving under the influence is treated very seriously. According to the California Department of Motor Vehicles, there has been a 45 percent increase in DUI arrests since the state passed the .08 blood alcohol content (BAC) law in 1990. Approximately 200,000 individuals are arrested in the state every year for drunk driving. If you have been arrested for driving under the influence in Southern California, including Ventura, Orange County, and Los Angeles, you need a drunk driving attorney. A DUI lawyer can greatly improve your chances of reaching a successful case resolution and avoiding serious penalties.
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DUI Laws
There are a multitude of California state laws that drivers must abide by to avoid misdemeanor or felony DUI charges. Any California driver can be charged with a DUI if found to be under the influence of alcohol and / or drugs, or driving with a BAC of .08 or higher. Individuals under 21 can face DMV administrative penalties if they are found to be driving with a BAC of .01 or higher and other penalties if their BAC is .05 or higher. Commercial drivers who are operating commercial vehicles while on the job can be charged with driving under the influence for a BAC of .04 or higher. Additionally, no person can consume an alcoholic beverage while in a motor vehicle, and a driver of a motor vehicle cannot have an open container of alcohol in the car. Any violation of the California vehicle code can lead to a drunk driving arrest and long-term penalties.
- Takakjian, Sowers
& Sitkoff:
Not seeking the advice of experienced attorneys could lead you to make
a costly mistake. When you are arrested for Driving Under the Influence of Alcohol you may ask yourself, "Why me? I only had a few drinks." Or you may experience emotions ranging from embarrassment and confusion to frustration and anger. It's likely that you may never have been in trouble with the law before. Well, maybe a ticket or two but usually not a misdemeanor crime. It is important to realize that this offense does not require any specific intent to commit the crime. That means that if you are simply driving a vehicle with a Blood Alcohol Concentration (BAC) that is over the current limit and you are arrested then you may be guilty, or you may not be guilty! You should know that an arrest can be made at any blood alcohol level. Some counties routinely prosecute people with levels as low as 0.05% BAC. Often the decision to arrest is dependent on the performance on the field sobriety tests ("FST's") and the driving pattern (e.g., weaving, speeding or a traffic accident). Also, an officer can arrest for simply being under the influence of alcohol without any reference to the blood alcohol level at all! Please be aware that the consequences of a DUI conviction are severe. The conviction is on your record for seven years. And a conviction is "priorable" which means an additional offense within seven years has increased penalties (jail, lengthy alcohol programs, loss of license, large fines, etc.).
But remember, you may not be guilty! These charges are based upon a subjective guess as to whether you are "drunk." It is unlikely that you got behind the wheel and said "Oh boy, I'm drunk, I can't even stand up. I better drive home because I'm too drunk to walk or call a cab." You probably felt o.k. to drive. And you probably were o.k. to drive. But the officer may have another opinion. The law used to be that a blood alcohol level of .15% was under the influence. Then the law went to .10% and now the law is .08%. Even if you feel fine, if the amount of alcohol by weight in your blood is too high, then you can be arrested and possibly convicted.
However, there is a considerable amount of research that an attorney can do to defend a DUI case in court and in a DMV driver license suspension hearing. For instance, if someone takes a breath test, the machine maintenance and calibration records as well as the officer's radio logs should be requested to see if the machine is working properly and whether the officer spent the required 15 minutes of observation time prior to the breath test (required by Title 17 of the California Code of Regulations). If someone takes a blood test, then their attorney should request a "blood split" and have the sample sent to an independent lab for testing for preservative and to confirm the blood alcohol level! Also, if it has only been a short time since the last drink was consumed (usually within an hour of the traffic stop or accident), then some of the recently consumed alcohol may still be in the stomach and not yet even been digested or absorbed in to your system. However, when a blood sample is taken an hour or so after driving that alcohol reading is actually higher than it really was at the time of driving! This is called a "Rising Blood Alcohol Defense" and is very persuasive in low blood alcohol level cases. There are many more defenses that may apply to your case.
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