Los Angeles DUI Lawyer Blog

Exceptions to the Probable Cause Requirement in a Los Angeles DUI Case

Wed, 21 Mar 2012 22:02:06 -0800

When a person is arrested on suspicion of DUI, they will be tried before a Court of justice. The Prosecutor must demonstrate beyond a reasonable doubt that all elements of a DUI are met. A person cannot be convicted of a DUI if each element is not proven beyond a reasonable doubt.

For a DUI, the Court must determine that the driver was in fact operating a vehicle, and the person was intoxicated under the influence of alcohol or drugs. Officers must have reasonable cause to pull a person over. Probable cause is often a violation of the California Vehicle Code.

For example, a driver is driving down the street and fails to stop at a stop sign. An officer pulls him over. The officer has probable cause in this situation because the driver ran a stop sign. Once the driver violated a section of the California Vehicle code, the officer has reason to stop him at any time.

Let's consider another example. Dan is driving down the street and stops at a red light. Once the light is green, he proceeds within the lane at the legal speed limit and is pulled over by an officer. When he asks the officer as to why he was stopped and pulled over, the officer asks to see his registration. Once the officer notes that the registration is current, he walks around the car before he comes back to Dan and says that Dan's light looks like it might be out. He has Dan check his lights, and learns that one of the lights are in fact out. The officer then questions Dan about a drinking.

In the second example, the probable cause is questionable. Dan was following all laws and had current registration. The officer was also not sure if the light was out, but had Dan check, and then determined after the fact that the light would be the reason Dan was pulled over. There will be a valid argument that can be made in Court.

There is however, one exception that the officer has to have probable cause to pull a person over and question them regarding a DUI. If there are checkpoints, officers may randomly stop people and check for intoxicated persons. They do not have to have a reason for probable cause, they can pull drivers over and randomly screen them for intoxication.

If you have been arrested on an alleged DUI charge and were stopped at a DUI checkpoint, it is in your best interest to speak to a Los Angeles DUI Specialist. There is little room to argue the requisite element of probable cause. However, that does not mean you will be found guilty and convicted of a DUI. There are other elements that may be weakened by a strong defense. With the help and guidance of an experienced attorney you will be able to assess your case for other areas that will be prone to weakness and may render your case dismissed or reduced.

How Do I Know If I Passed the Field Sobriety Tests in a San Diego DUI Case?

Fri, 16 Mar 2012 22:06:19 -0800

When you are stopped on suspicion of a DUI, the officers will ask you to complete several field sobriety tests. Many people feel that they do well on the tests and have passed, however the tests are so subjective, it is questionable as to whether the tests are designed for anyone to pass.

The first test administered is referred to as the nystagmus. The officer will ask you to follow his pen or flashlight from side to side using your eyes. More often than not, people will tend to move their heads to follow the object from left to right. It is natural. However, officers will deem the person as having failed if their head moves even slightly.
Another common test is asking the driver to walk heel to toe 9 steps one way, then 9 steps another. Often this test is administered to people who are standing on an incline, or on a surface that is not even. Additionally, the person taking the test may not be wearing flat shoes, they often are wearing high heels, boots or dress shoes.
Officers will also ask drivers suspected of a DUI to balance on one leg, lifting one leg up and then the other. Officers will not how well the person balanced, how well they kept their stance and make a note of it for the arrest report. Whether sober or intoxicated, many people find it difficult to balance on one foot.

Officers will administer Field Sobriety Tests in an effort to occupy 15 minutes of observation time. In that time, they will gather evidence to build a case against you. Any failed tests will be noted in their observations and later put into the police report to provide the prosecutor with enough evidence to build a strong case against the driver and aid in their conviction.

An experienced Southern California criminal defense lawyer will also be able to prepare a strong case despite evidence provided to the Prosecutor against you. The field sobriety test are open to much subjectivity, and therefore can be vulnerable to weakness. A defense attorney that has handled thousands of DUI cases knows exactly what to look for when destroying evidence presented by the government and officers that indicate intoxication.
The knowledgeable attorney will sit down and listen carefully while you describe the night of the arrest in detail. It is through the detailed facts that will help poke holes in the argument presented by the Prosecutor. For example, the government may assert that the person was intoxicated because they lost balance when doing the leg lift test and could not complete the full test. The criminal defense attorney will introduce testimony that explains the driver was wearing high heels, or uncomfortable shoes that caused the loss of balance and not intoxication.

Consulting an expert will allow you to understand your options and defenses available to you so that your case is reduced or dismissed altogether.

How Can I Get Arrested for a Los Angeles DUI if I have had No Alcohol?

Mon, 27 Feb 2012 22:43:45 -0800

California Vehicle Code §23152(a) explicitly states that it is unlawful for a person for a person to be under the influence of any alcohol or drug, or the combined influence, to drive a vehicle.

Many clients mistakenly believe that because they have had nothing to drink, they cannot be arrested on suspicion of DUI. However, that is definitely not the case. Any substance that causes a person to be impaired and not in complete control of their senses, will be harmful to their driving skills and could possibly be determined to be a DUI.

When a person is pulled over for suspicion of DUI, whether it is due to alcohol or other substances, the officers must have probable cause. It could be anything from the subjective weaving in and out of lanes, to the objective missing license plate or expired registration. The probable cause element is standard for any DUI case regardless of whether it is alcohol or drug related.

Determining reasonable suspicion for drug use is a lot more difficult than alcohol. When a person has consumed alcohol and is driving, the officer will often observe visible signs that indicate intoxication and can administer a preliminary blood alcohol screening test to determine if there is an actual percentage of alcohol in the bloodstream. If the person opts to decline the on-scene screening test, they will be required to take either a blood or breath test at the station. Either way, the officer will be able to build a case against the driver for driving under the influence of alcohol.

When a person has had no alcohol, and is under the influence of solely drugs, it can often be difficult to ascertain by observation. The officer will look for red blood shot eyes, often jittery behavior and other signs of drug use. Officers may also require that a person submit themselves for a blood test so that the samples can determine the presence of substances in their blood stream. The breath test would not be an option for those that are arrested for driving under the influence of drugs.

It is important to note that many of our clients believe that because they have a Medical Marijuana Prescription, they are exempt from driving while under the influence of marijuana. While the Medical Marijuana prescription makes it lawful for a person to smoke marijuana it does not permit them to drive while under the influence of its effects. It is comparable to alcohol. Both are legal and may be enjoyed by those permitted to do so, but it still remains unlawful for anyone to drive while impaired.

If you have been arrested for a DUI and had no alcoholic beverage, you may still be convicted for a DUI. Consult a Los Angeles DUI expert to determine what your options are and how you can go about preparing a defense that will ensure the best possible chances of having your case reduced or dismissed entirely.

Field Sobriety Tests in a San Diego Driving Under The Influence Charge

Fri, 24 Feb 2012 22:57:43 -0800

When we meet with our clients we go through the entire arrest with them in detail. We want to discuss all pertinent facts and we want to hear the driver's side of the story so that we can better get to know our clients, and in turn present the story to the Prosecutor so that they see our client as more than just another file number.

One of the most common responses we get is when we ask our clients how they felt they did on the Field Sobriety Tests. The answer is generally, that they did pretty well and felt that they had passed. However, the tests are extremely subjective and designed to fail.
The tests are subjective and are determined to be passed or failed by the officer and his or her observations. In comparison, the breath or blood test to determine blood alcohol content are objective. It does not require anyone to make a conclusive determination based on their own personal observations, it provides a number that is objective.

The officers, when giving Field Sobriety tests are generally gathering evidence and fulfilling their fifteen minutes of observation time. When officers pull you over and ask you to step out of the car and complete a series of field sobriety tests, they have already obtained the reasonable suspicion required to do so. This reasonable suspicion may be obtained based on the observation of your behavior, weaving in and out of lanes, strong smell of alcohol, watery eyes, slurring and in many cases a confession that you had been drinking.

The officer must then establish enough DUI evidence to warrant arresting you and taking you into the station. To continue to gather more evidence, they conduct subjective field sobriety tests, which you will more likely than not, fail.

The tests the officer will ask you to complete will generally be the same standard tests given to anyone who is stopped on suspicion of driving under the influence. The officer will ask you to follow his pen or flashlight with your eyes. It is natural to move your head along with the object, but they will consider you to have failed if you move your head even slightly. Another test that is often given will involve officers asking you to put your head back for 30 seconds. Most people will do their best to count to 30 seconds, however, it is generally only 24 seconds or so. It is extremely difficult for a person to accurately estimate 30 seconds, whether they are sober or not.

These are just a few examples of the tests they may administer, each one difficult to successfully complete whether a driver is sober or intoxicated. The government will then use the failure of these tests as evidence of your intoxication. Consult a San Diego DUI expert to help weaken the effect of these biased tests and have the Judge focus on the real evidence at hand.

Are There Any Deadlines I should be Aware of When I Have Been Stopped for a Los Angeles DUI?

Mon, 13 Feb 2012 17:16:32 -0800

When you have been arrested on the suspicion of DUI, there is an important deadline you must be aware of. You have within 10 days to schedule a DMV hearing. The 10 days start after the day you have been arrested and include weekends. To be on the safe side it is best to schedule a DMV hearing as soon as possible, however, before doing so, there are a few things to keep in mind.

The DMV hearing is as important as your criminal court appearance. The Criminal Court will be the entity that determines whether there is enough evidence for you to be convicted of a DUI. The Prosecutor will present their case and must prove beyond a reasonable doubt that all elements have been met. If convicted, the Criminal court will also determine the appropriate sentence. The sentence will include jail time and/or a fine, probation and alcohol rehabilitation classes. The Court will make the determination as to what will be imposed as a penalty and it's duration.

What the court will not determine is the suspension or revocation of your driving privileges. That is what the DMV will determine. The purpose of the DMV hearing is for a hearing officer to make a finding as to the facts of your case and determine if your license will be suspended or revoked and the length of time.

The DMV is an administrative institution and the hearing is informal. The person who hears your case and makes a determination is the hearing officer. The burden of proof is shifted from the government to prove their case to you. You are the one that must prove that you do not meet the elements required for your license to be suspended.
When you call the DMV within 10 days and schedule a hearing, you are exercising your right to be heard. It is your right to explain your case to the officer, and state your argument before they make a decision. However, if you fail to schedule a DMV hearing within the 10 days, you forfeit the right and your license will be automatically suspended or revoked.

It is highly recommended to speak to a Los Angeles DUI Lawyer before calling the DMV. You need to have an expert review the facts of your case and help you understand the strengths, weaknesses and defenses to your case. Additionally, you have the right to have an attorney represent you at the DMV hearing. The attorney can take testimony and provide a powerful argument in the favor.

If you are going to have an attorney represent you at the DMV hearing, they need to have the day you schedule open and they will advise you as to what the best date is for you to pick. When you have a DMV hearing scheduled, the DMV will issue you a temporary license until that date. Speaking to an attorney will help you figure out strategically what the best date is for you to schedule a hearing so that you do not forfeit your right to be heard.

Does It Make a Difference If My Los Angeles DUI Attorney is Familiar With the Courts?

Wed, 08 Feb 2012 21:04:47 -0800

When someone has been charged with a DUI, they have to make the decision of whether they want an attorney to represent them in the case. A DUI is a serious charge, and one that can affect your career, education and other goals. Hiring an attorney is often a good idea so that you know your options, available defenses and are able to argue your case efficiently and strongly with the help of a knowledgeable legal professional.

Once the decision is made to hire someone, how do you know who the best attorney is? Chances are you received a lot of mailers and flyers once you were arrested. This is because there are many companies that provide your arrest record information to law firms. Once a person has been arrested, the law firms are notified and they send out their letters to potential clients. Just because these attorneys are readily searching, does not mean they are the best attorney for the job.

One of the biggest concern when looking for an attorney should be the attorney's experience. The criminal justice system is based on a lot of negotiations and settlement offers. Contrary to popular belief, very few cases go to trial. The majority of cases get settled prior to trial once the person charged feels that a good offer is made. When the attorney has experience they are not only familiar with the prosecutors, Judges and staff, they can assess whether the deal being offered is a good one, or one that should be turned down.

Many people believe that there is not that big of a difference whether the Criminal Defense attorney knows the Judges and Prosecutors because ultimately the case will be decided on the facts. While this is true, it is not entirely the whole case. The case will ultimately be decided on the facts of the case and whether or not there are available defenses that meet the legislative burden. There is a strict code of ethics that lawyers must follow and they will not bend the rules and dismiss a case merely because the attorney is a friend of theirs.

However, it still makes a difference if the attorney is familiar with the Prosecutors and Judges. The attorney will know what to expect with a Los Angeles DUI before even going into the courtroom. Oftentimes the attorney can predict what the initial offer will be, and if the case is moved to a different courtroom, they can make an educated guess of whether the second offer will be better or not.

That ability to predict the potential outcome helps a great deal when the criminal defense attorney is making a determination on whether to accept an offer or to plead not guilty and proceed to pre-trial. Before hiring an attorney do the proper research and speak to an attorney about his experience and knowledge about the Courtroom where your case will be heard. It could make the difference between having your case reduced or dismissed!

What is a Dry Reckless Charge in San Diego?

Fri, 03 Feb 2012 17:12:34 -0800

It is unlawful for a person to drive a vehicle on a highway with a willful or wanton disregard for the safety of persons or property under California Penal Code §23013.
Anyone who exhibits a willful or a wanton disregard may be convicted of a reckless driving charge under this section. This statute is different from many others in that a person cannot be arrested under this charge alone. Most often, a reckless driving charged is an offer given to those charged with DUI's.

However, it is not a common offer. It is rare that a prosecutor will offer a reckless driving charge to a person who is brought before the Court on suspicion of DUI. A reckless driving charge is one that must be bargained for and negotiated for by an experienced San Diego DUI lawyer.

When a person is convicted of a DUI, they will be facing a penalty involving a fine between $390 to $1,000 and possibly some jail time. It will also require probation and alcohol rehabilitation classes. Additionally, a DUI conviction will involve 30 days of mandatory license suspension and a term thereafter to be determined by the DMV.
In contrast, when a person is convicted of a reckless driving, the possible range of penalties is much lower in general. The reckless driving charge is a misdemeanor, much like the DUI, but the penalties generally sentenced are lower.

One of the biggest advantages of a reckless driving charge is that there is no mandatory license suspension. One of the biggest things our clients are scared of is having their license suspended. It makes it very difficult for people to get to work and other obligations without a license, especially in Southern California. With a reckless driving charge, you do not have to worry about that, unless the Prosecutor imposes it.
The probationary period for a reckless driving is also lower. During the probationary period you will be punished harsher if you commit a crime. At the end of the probationary period, when all terms have been met, you can ask the Court to expunge your record. When your record is successfully expunged, it is sealed so that it is not accessible as a public record. With a lesser probationary period, it allows you to have your case expunged faster.

Overall a reckless driving charge is much better on your record than a DUI. It is a difficult charge to have a DUI reduced to and requires a powerful defense and argument. An experienced San Diego Criminal Specialist will always have that goal in mind. They will fight hard on your behalf to have your DUI dismissed, or reduced to a lesser charge such as reckless driving. It also helps when an attorney has had many clients with cases similar to yours in which they have successfully gotten it reduced. This is an important consideration when you debate whether you need an attorney or not. The reduction in charges could make a huge difference in the total outcome of your case and the potential consequences imposed.

What is a Los Angeles Wet Reckless Charge?

Wed, 01 Feb 2012 17:06:34 -0800

California Vehicle Code §23013 makes it unlawful for a person to drive a vehicle on the highway with wanton or willful disregard for the safety of persons or property. When a person who has been charged under this statute has been drinking or under the influence of drugs, it is referred to as a wet reckless.

A wet reckless charge is important for several reasons. It is a charge that a knowledgeable Criminal Defense attorney will negotiate to have a DUI reduced to. A wet reckless carries with it several advantages over a DUI. The goal of any experienced attorney should be to first and foremost have the DUI dismissed, and if the facts make it impossible to do so, it is best to aim to have the charge reduced.

It is very rare that the Prosecutor will offer a wet reckless as an offer at the arraignment. A reckless driving charge is one that must be heavily negotiated and bargained for, and is rarely granted. Regardless, with the right argument and defense, a DUI offense has the chance of being reduced to a wet reckless.

A wet reckless is still a misdemeanor, much like the DUI, and will remain on your arrest and criminal record. Nevertheless, a reckless charge has many other benefits that make it preferred over a DUI charge.

For one thing, there is no stigma of having a DUI on one's record. Many people believe that a DUI carries with it a negative connotation and that it will reflect negatively upon the person's moral character. DUIs are very common and have become a common charge. The stereotype they once carried is slowly being diminished.

Additionally, a wet reckless does not have a mandatory licenses suspension. The potential consequences of a DUI include a 30 day mandatory license suspension and then considers additional suspension or revocation. If a person has been charged with a wet reckless it does not mean that they will automatically have their license suspended.

Furthermore, the fines carried with a wet reckless are less than that of a DUI. When a person has been convicted with a DUI, they may face jail time, probation, fines, and alcohol rehabilitation and education classes.

A person who has been convicted of a wet reckless could face anywhere between 5 to 90 days in county jail, or a fine within $145 to $1,000 or both. The probationary period is also less. It is advantageous to have a lower probationary period, because once probation is terminated, a person can have their charge expunged. If the charge is successfully expunged, the criminal record regarding that charge will be sealed and cannot be searched through public records.

When you have been charged with a DUI, it is in your best interest to hire a professional who will present the best possible argument and defense on your behalf that will help reduce your charge to that of a wet reckless.

Do I Need a Los Angeles DUI Lawyer if I plan to Plead Guilty to DUI?

Fri, 27 Jan 2012 14:47:34 -0800

Many of our clients make the mistake of thinking that because they meet the elements of a DUI that they will be found guilty and do not need to expend the money on a Los Angeles DUI Specialist. The first mistake people make is thinking that because they were drinking and have a higher Blood Alcohol Content (BAC) they will surely be found guilty.

The second is that they plead guilty at their first Court appearance, known as the Arraignment. They are then sentenced and proceed to serve their sentence which will usually involve a fine, license suspension and jail time if it is a second or severe offense.
We advise all of our clients and potential clients that this is a bad idea without consulting with an attorney. Regardless of whether you have a high BAC, or even one over .08, you do not know the requisite elements of a DUI case.

The prosecutor must prove two elements beyond a reasonable doubt. They must prove that you were intoxicated at the time you were driving, and that you were driving. Additionally, an officer cannot pull you over on hunch alone, there must be a valid reason to stop you as you are driving. Prosecution must present evidence and testimony that would prove that there is no other reasonable explanation, other than you were driving while intoxicated.

Even in situations where the government can easily meet the standards of a DUI, the sentence is subjective. The sentence imposed is based on a legislative range. The Judge will consider the facts of the case and the person's prior criminal history, and determine a sentence that would be appropriate for the case. The good thing about this, is that it is up for negotiation. A knowledgeable Criminal Defense lawyer would present positive evidence and testimony that would persuade the Judge to impose a lesser sentence that does not involve jail time and manageable fines.

Furthermore, there is always a DMV hearing when a person has been charged with DUI to determine the length of time a license will be suspended or revoked. The driver has the right to have an attorney represent them at the DMV hearing. An experienced attorney has handled thousands of DMV hearings and s familiar with the hearing officer's habits and usual mannerisms. Taking this experience into account, they can prepare a defense and your testimony so that the officer is inclined to only suspend the driver's license for a minimal amount of time.

A person who thinks they are guilty merely because they were intoxicated while driving makes the mistake of pleading prematurely. By pleading guilty, they are leaving the final sentence into the hands of the Judge, without any argument or subjective reasons for a minimal sentence. That is why the help of a Los Angeles Criminal Defense lawyer can go a long way in either having the case dismissed, or in the situation the person is found guilty, to have the most minimal sentence imposed.

What is SB 598 and How Does it Affect Los Angeles DUI Cases?

Fri, 30 Dec 2011 15:17:24 -0800

When a person has been convicted of a Los Angeles driving under the influence charge, there are certain penalties that will be imposed. One of the most serious penalties that the person will face, is a drivers license suspension. For a first offense DUI, a person's license may be suspended for up to 4 months, for a second time offense, the license may be suspended for up to a year.

Having your license suspended is a significant restriction on a person's daily activities. It prohibits you from driving to work, social activities and other important places. If a person chooses to drive on a suspended license in Los Angeles, they can be charged with an additional charge. A driving on a suspended license conviction is very serious, it can lead to jail time and penalties. It may even lead to an extension of a person's probation.

There are options for a restricted license. When a person's license has been suspended, they can ask the DMV for a restricted license which allows them to drive to and from work. A restricted license is granted sparingly, and under certain specific circumstances. An experienced Los Angeles County DUI attorney can successfully persuade the Court to allow for a restricted license, which prevent taking away driving privileges completely.

Under the previous law, a person who has been convicted of a second time DUI must wait 12 months before they can apply for a restricted license. Under new law, SB 598, that went into effect July 10, 2010 a person can apply for a restricted license after just 90 days.

Third time offenders under previous law could not apply for a restricted license until 12 months into their 3 year suspension. Under the new law they can apply after 6 months.
However, there is a caveat to applying for a restricted license earlier under the new law, the person must install an Ignition Interlock Device. An Ignition Interlock Device is a device that is installed on a person's steering wheel that does not allow the car to start until the driver breathes into the machine so that it can check for blood alcohol content.

Having your license suspended adds to the difficult situation you are already facing with a DUI. There are usually fines and jail time associated with driving under the influence charges. When you are unable to drive anywhere it makes even going to work an obstacle, and causes you to rely on your friends and family. It is crucial for a person who finds themselves about to get their license suspended that they consult with a Southern California DUI specialist to learn about their defenses and options.

Everyone should have a knowledgeable attorney to represent them at the DMV hearing as well as the Criminal case. An attorney can also prepare a strong argument that may allow for the person being charged to have a restricted license under specific circumstances. A persuasive argument can make a huge difference in regards to a potential sentence and license suspension.

What is SB 895 and How Does it Affect my Los Angeles DUI Case?

Fri, 23 Dec 2011 16:08:09 -0800

On July 1, 2010, Governor Arnold Schwarzenegger passed a bill that sought to clarify SB 598. SB 598 applies to second and third time DUI offenders. When a person has been convicted of a DUI their license will be suspended by the DMV. The length of time their license is suspended depends on previous convictions and the specific facts of the case.

In certain situations a person might be eligible for a restricted license that allows them to drive to and from work, and Court ordered alcohol programs. In order for a person to get a restricted license, they must apply for one after they wait the legislatively established amount of time.

Under previous law, a person must wait about 12 months into their suspension before they can apply for a restricted license. Under SB 598, a second time offender could not apply after only 90 days and a third time offender could apply after six months. This shortened wait time was only available to those who installed an Ignition Interlock Device. This machine is installed into a person's vehicle and will require that the person blow into a breathalyzer before the car can start.

The new law enacted to clarify SB 598 is SB 895. It clarifies the requirements a person must meet in order to qualify for the early application time for a restricted license. The person must first and foremost demonstrate proof of enrollment in an alcohol rehabilitation program. This means the person must present a certificate of enrollment, or some sort of documented proof that they are attending classes as order by the Court. The person must also install the IID, and pay all costs associated with the installment. They must also pay for the costs in advance for oversight of the IID.

The person must also demonstrate that there is proof of insurance. The DMV must have all documents of proof, and all fines and penalties must be paid in advance for costs and installation. After all that is done the person may apply for a restricted license, then the decision will be made whether they qualify or not.

An experienced Southern California Driving Under the Influence Attorney has handled thousands of DUI cases and can explain your options to you in detail. A powerful argument and defense that is prepared on your behalf can be very persuasive to allow for a restricted license. Additionally, new law can be very confusing and complicated and will require the help of an expert that will allow for a person who is being charged to be protected and get the best deal possible. You may qualify for a reduced penalty, or a restricted license, and speaking to an attorney will get assure that you know what you are entitled to under the specific circumstances of your case.

Insufficient Blood Alcohol Test Samples in a Los Angeles DUI Case

Fri, 16 Dec 2011 14:04:19 -0800

When a person is stopped on suspicion for driving under the influence, they will be asked to take a blood alcohol test. When a person is issued a driver's license in California, they give their implied consent to submit to a blood alcohol test when asked to do so by officers. Officers will ask a person who is stopped to take a BAC test at the scene of the stop, but the driver is not required by law to do so at that time. This is referred to a preliminary blood alcohol screening test.

The driver will be asked to take a second BAC test, either blood or breath, at the station. This is a required test, and if the person refuses, there will be more severe consequences if the person is convicted. When the person refuses to take any BAC test, it is referred to as a refusal and dealt more severely with Courts.

In many situations, however, a person genuinely attempts to take the BAC test and is unable to do so, regardless, the Court will treat the case as a refusal. It is up to the person being charged and their Los Angeles DUI Defense Lawyer to prepare a strong argument that demonstrates the person's full faith effort to cooperate with officer's requests.

The arresting officer will prepare a report that states the person did not sufficiently provide a sample. There are many reasons a person fails to do so. With a breath test, they may not be able to blow properly, especially if they have asthma or are nervous. A person may not be able to take a blood test if they are scared of needles, or the person gathering the sample is unable to get a measurable sample of blood.

The officer will create a scenario that indicates the driver was uncooperative, that the person was not cooperative and purposely would not provide a sufficient sample. The criminal defense attorney will have to present the facts to the court that proves that it was not the case.

The Los Angeles County DUI specialist will demonstrate that the person provided several samples when asked, regardless of the fact that they were insufficient. The attorney will also show that the person is an upstanding citizen of the community who has always followed the law and has been cooperative with legal obligations. In essence, they must prepare a powerful defense that the person did their best to cooperate with the BAC test, and were unable to do so.

If a person is convicted of a DUI refusal, the consequences are significantly more severe than a DUI without a refusal. The help of a knowledgeable Los Angeles DUI lawyer will assure that the Judge is aware of your full faith effort to comply with officers and that the charge should not have the added enhancement of a refusal. Be sure that you have an experienced attorney to fight for your rights, and assure that you see the most favorable outcome for your case.

The Consequences of a California DUI for an Out of State Resident

Fri, 09 Dec 2011 15:14:31 -0800

Many of our clients are in California on business or vacation and find themselves in some legal trouble. If you are stopped on suspicion of driving under the influence in California, but do not have a California driver's license, you may still face suspension or revocation in your home state.

In 1963, California joined the Drivers License Compact (DLC). The DLC is an interstate compact that essentially proclaims that each person has one driving record and one license. The idea is that any violation that occurs out of state, will be treated in the home state as if it were committed in the home state. The home state, must however, have an equivalent statute otherwise the person cannot be charged.

For example, let's say Dan is on business in California and is driving back to his hotel at night after a business meeting. He is stopped and arrested on suspicion of driving under the influence. The next day, Dan goes back to New York, where he lives and has a New York driver's license. The state of New York, also a member for DLC, will prosecute and try Dan as if the offense was committed in New York, under New York law.

Since then, the United States has adopted the Driver's License Agreement (DLA), although there are only a few members thus far. The goals of DLA are to ensure that each state honors the license issues by other member states. Under DLA, each state is required to:

Require each state to report traffic convictions to the licensing state

Prohibit a member state from confiscating an out of state driver's license

Prohibit jailing an out of state driver for a minor violation

Require each state to maintain a complete driver's history

Many people who live in Los Angeles are not residents of California and are here for school, work or an extended period of time. In these types of situations, their cases will be heard in California. It makes the situation more complicated if the California DMV hearing officer of the criminal judge considers the laws of the state in which the driver is a resident.

An experienced Southern California DUI Specialist has handled many cases in which the clients are not residents of California. It is a common occurrence in Los Angeles, where people are often moving in and out of the state for school and business.

The DUI Lawyer is familiar with the different agreements and compacts between states that will help determine what law will dictate the ultimate outcome of the case. It is beneficial for the driver to have representation by a person who is well versed and familiar with the different laws so that they can argue in favor of an outcome that allows for the lowest penalty possible.

Involuntary Intoxication as a Los Angeles DUI Defense

Wed, 12 Oct 2011 12:32:32 -0800

Many of our clients who are charged with DUIs are certain they do not know how they became so intoxicated. Many do not know how they have such a high blood alcohol level, and many often claim that someone gave them a date rape drug or the like.

The concern many have is if this is a valid defense against being intoxicated. The general requirement for most criminal charges is the element of Mens Rea. Mens Rea means that there was a mental component to the crime and the person who is being charged knowingly committed the crime. In cases of involuntary intoxication, the person does not know they are committing the crime.

The answer to the inquiry is not as simple as one would like. It involves a lot of subjective area, and above all, concrete evidence. The obstacle most commonly found in an involuntary intoxication defense is solid proof that the person did not know they were intoxicated.

Lets say that Danielle goes out with her friends one night and has a drink at the bar that a guy bought for her. The last memory she has is taking the drink and then being arrested on the corner of the street. She claims that she has been giving a date rape drug, because she had nothing more to drink than that one glass, and by itself that glass would not cause her to be as intoxicated as she was.

The problem with Danielle's argument is that it will be difficult to prove. Unless she went and got tested specifically for the date rape drug in her blood system, she will not be able to prove that she was involuntarily intoxicated. If she had submitted herself for a drug test, or a blood alcohol test by having her blood drawn, then there may be a chance that a date rape drug could be detected and introduced into evidence.

Many people often claim adamantly that they had nothing more to drink than a glass of alcohol and there is no way they could have such a high blood alcohol content. Unfortunately, in many cases people do not realize how much they drank, and without proof the Court is very unlikely to take it into consideration.

When a person drinks a drink that brings them to the point of intoxication, they often forget how many drinks they consume. This makes it difficult to separate those that were actually given a drug that caused them to be intoxicated, and those that merely blanked out on the amount of drinks they consumed.

If you believe that you were involuntarily intoxicated, it may be a defense for your case. This type of defense is very difficult to argue but it is worth consulting a Los Angeles DUI Defense attorney to determine how strong of a defense it may be, and what other options you may have. An experienced attorney has dealt with many cases of involuntary intoxication and is familiar with the Judges and Prosecutors in Southern California. They will be the best person to ask about your case.

Los Angeles DUI arrest..What Are my legal Obligations And What is Optional ?

Mon, 10 Oct 2011 21:12:35 -0800

California law requires any person, as a condition of obtaining a California drivers license, to submit to their choice of a chemical test, either breath or blood it stopped by the police on suspicion of driving under the influence of alcohol and/or drugs.

When this law when it was enacted many years ago was talking about a breath test subsequent to a driver's arrest on suspicion of driving under the influence of alcohol or drugs or the combined influence.at that time, for instance, there was only a breath test administered at the police department. Now, drivers are frequently asked at the scene of their stop, too blow into a preliminary alcohol screening device, commonly known as a PAS TEST. This screening device, currently being used by the majority of police departments in Los Angeles has been determined by Los Angeles DUI defense lawyers to lack the accuracy it purports to have.

This test is not required by law, and is used by law enforcement to screen once blood-alcohol level prior to the test at the station, or a blood test typically drawn at a local hospital. Officers rarely, accurately advise drivers stops for DUIs that this test is optional, and not required by law.

Failure to submit this to a preliminary alcohol screening test, has no negative legal consequences, compared to failing to submit to a breath or blood test which includes mandatory jail time and substantially increased license suspension potential.

Another example of commonly misunderstood legal requirements are the field sobriety tests for coordination which are administered two suspected drunk drivers to determine their level of impairment by their performance on a series of coordination and mental acuity. All police officers are trained at the Academy to instruct and evaluate suspected DUI drivers. It's interesting to note since our firm has specialized in DUI defense for over 30 years, that after reading thousands of arrest reports, that they were here to be similar line which like red watery eyes, slurred speech, present in nearly all of these reports.

Drivers are commonly told, that if they pass these fields writing tests they will be free to go. The majority of suspected DUI drivers thinking they are not there submit to these tests, and ultimately build evidence against themselves, since rarely have I seen a driver pass.

It may surprise you, that these field sobriety tests are not mandatory, but are completely optional. There are no negative legal consequences for refusing these tests.