Los Angeles DUI Lawyer Blog

It is important to understand the scope of issues involving being prosecuted on suspicion of driving under the influence of alcohol and/or drugs. A DUI arrest begins a systematic process by the Department of Motor Vehicles to suspend your driving privileges, even if this is your first offense.

Although both the court and the DMV procedures seek to sanction a driver for the unlawful use of a motor vehicle after the consumption of an illegal level of alcohol or drugs, they go about it in very different ways. Each entity follows different guidelines, and separate issues and procedures, and totally different consequences. The main thrust of the DMV is to determine whether or not the alleged DUI driver was stopped by the police with proper cause, and whether or not the driver had a blood alcohol level (BAC) of .08 or over. More severe and longer suspensions are doled out to drivers who refuse to submit to a chemical test, after being stopped on suspicion of driving under the influence.

The courts approach the issues above, but use different sanctions. A range of potential penalties including probation, fines, jail time, alcohol programs, community service, hospital/morgue programs, and mothers against drunk drivers meetings, as well as Alcoholics Anonymous attendance are some of the legislated penalties facing those convicted of DUI's.

The attorneys at Hoffman and Associates are tough courtroom advocates, but take the time to explain to each of its clients the challenges one faces after being arrested for a drunk driving case. So much of the fear and anxiety of the unknown is traded for an awareness of the value of being protected by a skilled DUI attorney.

Our sole goal and responsibility is to minimize or eliminate the potential hardship and consequences of a DUI arrest. Our firm has advised thousands of clients in situations similar to yours feel better, by understanding all of your legal rights, defenses and most importantly their options.

My clients that have been arrested for a DUI often ask me if there are substances that can effectively "fool" a breathalyzer machine. A Los Angeles DUI and Criminal Defense attorney who has been specializing for over thirty years, knows which of these are myths, and which of these substances have an actual effect on your breath test reading.

There are many common myths that some everyday substances like breath mints, onions and denture cream, if present in the mouth before taking a breathalyzer test, will yield a lower result. A knowledgeable DUI attorney will inform you that this is not the case. Additionally, a popular television show named Mythbusters determined whether these substances had an effect, if any, on the results of a breathalyzer test. Tests concluded that there was in fact no lowering affect.

Another common myth claims that placing a penny or battery on your tongue may have a lowering effect on the breath test reading. This is proven to be inaccurate, not to mention, would require some talent to discreetly place the object in your mouth, hold it there during the test, and remove after, without law enforcement taking notice.

There are, however, some substances that were shown by BAC testing experts to have an effect on the breathalyzer reading. Mouthwash changes the results of the test, but not in the way that one would hope. The machine erroneously reads some substances found regularly in mouthwash to be ethanol detected in alcohol. Consequently, the reading will actually overstate the actual BAC found in your blood stream.

In actuality it is much more difficult to "fool" a breathalyzer test than people tend to think. The reading found by law enforcement will have a huge impact on your DUI case. The BAC reading taken from your breath rest will likely be considered accurate unless an error is found. You can find errors in the method you were tested in, or with the machine itself. A well known DUI Specialist who has handled thousands of DUI cases, like Ronald Hoffman, knows exactly where weaknesses in prosecution's case lurk. Our firm will carefully study the specific facts of your case, and will strategically prepare your defense giving you efficient results that you can be satisfied with.

When you are pulled over by an officer on the suspicion of Driving Under the Influence, you are not required to take the screening test at the scene. You are, however, required to take a blood or breath test once you are taken to the station. As with all types of officer administrated tests, including the breath test, there are common errors that arise .

Breath tests are not preferred by law enforcement and prosecutors because they are not a direct analysis. This means that they do not give a direct measure of the Blood Alcohol Content (BAC) but have to be taken as a reading of the breath and then converted to the BAC. The reading derived from a Breath Test is not always accurate. Many factors can alter the results yielding inaccurate evidence.

One such factor is temperature. The machine must be adjusted to accommodate its surrounding temperature and the temperature of the subject; otherwise the reading will be inaccurate. Additionally, breathing patterns have an effect on the reading. Studies show that hyperventilation or vigorous exercise can reduce the BAC reading by up to 32%. In contrast, holding one's breath can increase the reading by 25%.

For these reasons, Breathalyzer machines needs to be calibrated frequently. Calibration is the process of checking the internal settings of a machine against a standard test to assure that it is running properly. If a machine is not calibrated routinely, it will yield inaccurate results, which could affect your entire case.

Breathalyzer machines also have a problem of non specificity. They not only detect ethanol found in alcoholic beverages, but also other substances with a similar molecular structure, such as acetone. Because of a higher level of acetone in dieters and diabetics, they may have a reading that detects a higher BAC, when that is not always the case.

The biggest cause of error in breathalyzer tests comes from mouth alcohol. The breathalyzer needs to measure BAC that is taken as a result of a deep breath from the lungs. If the breath is too shallow, and taken from the mouth, the measure will be inaccurate. A burp or belch will cause there to be a higher measure of mouth alcohol.

The errors and inaccuracy of a breathalyzer test could potentially mean that your BAC is not as high as the tests yield. This not only makes your case weaker for prosecution, but could lead to dismissal. Our firm has been fighting DUI cases for over thirty years. We are familiar with the procedures and errors associated with all breathalyzer tests and know precisely how to weaken prosecution's cases against you. We focus on the specific facts of your case and errors on behalf of law enforcement to strategize the most zealous defense for your case. Hire someone you can trust has the knowledge and background to give your case the best fighting chance and results that you can be satisfied with.

Being arrested for a DUI or other criminal offense is a painful and dramatic experience. For most people, it is one of the worst experiences of their life. Regardless of guilt or innocence, the loss of your personal freedom, being taken away in handcuffs in the back seat of a police car is nothing short of awful.

As the days go by after one's arrest, people start to realize that unfortunately that's not the end of their legal problem. The common feeling of confusion mixed with fear of the unknown, starts to set in. What should I do? Who should I call? Do I need an attorney? Where do I find an attorney? Can I afford an attorney? Can an attorney help me?. These legitimate questions and concerns begin the process of figuring out what is the best decision for me to each of these questions.

Being arrested for a DUI or Criminal offense should be distinguished from the more common experience that drivers have of getting a moving violation or traffic ticket. The major difference between these two types of cases is that a traffic ticket is a simple infraction. The only punishment is paying a monetary fine. There is no possibility that one can lose their freedom and serve time in jail.

A DUI or other criminal offense is substantially more serious, because it is either a misdemeanor or felony. Both of these categories of offenses carry with it not only monetary fines, but a chance of potential jail time, if convicted. Getting arrested is certainly much worse than signing a traffic ticket.

Hiring an attorney is the most important decision one can make when faced with a serious legal problem. The obvious reason is that the legal system is complicated, and laden with numerous options which can be negotiated to your benefit with the prosecutor and/or judge. An attorney is your advocate. Lawyers are trained and specialize in the type of problem that you face and have very often had years of experience representing clients just like you and your circumstances. Although not a free pass, having a skilled and experienced courtroom lawyer can navigate the treacherous waters of the legal system to your benefit.

An attorney can change the perception of the judge or prosecutor by bringing out all of the favorable information about your background, family, good work history, church affiliation, and any other positive attributes which make you shine.

Anyone who has been arrested should immediately consult with an attorney experienced with handling the type of legal problem that you are faced with. You should question the attorney as to his experience in handling this type of matter, and his familiarity with the Court were your case is being heard.

Many established law firms, like Hoffman and Associates, offer potential clients a complementary case evaluation. At this consultation, the attorney will review the facts of your case and advise you on the legal defenses and other options available to you. The attorney will tell you whether he feels that you have legal or technical defenses to obtain a dismissal or plea bargain reducing the charges or potential penalties.

Getting an attorney involved early, will guarantee that you will not miss any legal deadlines, or other opportunities to protect yourself against any harsh potential penalties if you are found guilty. It is always valuable to know your options.

When charged with a California Hit and Run case, there may be potential defenses, although they are successfully argued in few cases by an experienced Los Angeles attorney.

A defendant can argue that there was no or minimal damage. Damage to property or person is required for a valid Hit and Run case and to be charged under the appropriate statute. If there is no damage, then there cannot be a valid charge for a Hit and Run. If there is no real damage to victim's property, the prosecution may not be able to bring a valid case against you.

Additionally, if there is little damage and you compensate the injured party for all damages incurred a civil compromise may strengthen your case. A Los Angeles attorney who has defended many Hit and Run cases will talk to the injured party who has been compensated for all damages and will work with them to help reduce charges or dismiss the case altogether.

Another potential defense, although rarely argued, is if you made a good faith effort to leave the requisite personal information. This is difficult to prove because very often the defendant is alone at the time of the injury, and providing evidence that the information was left for the injured party is near impossible.

Cases become challenging under certain circumstances such as when a defendant claims they could not locate the owner of damaged property and had to leave a note which then blew away or a similar situation in which the note was destroyed. Credibility issues also arise when this defense is used. The credibility of the defendant is questioned in their argument as to whether or not they did in fact leave the requisite info with the injured party.

Regardless of the defense, a California defense attorney can argue efficiently and create a strong case in your favor. Our firm has been arguing Hit and Run cases in courts all over Southern California for over thirty years. An attorney will gather positive feedback and letters from friends and family as well as a letter from the injured party if they have been compensated and are willing to drop the charges. All this together will help strengthen your case and will assure you the best possible result of your case.

The first hearing subsequent to one's arrest is called an arraignment. Any person arrested for a misdemeanor offense, and not released to the court on their own recognizance,or by posting bail must be brought to court for their arraignment within 48 hours of their arrest. This constitutional requirement does not count weekends or holidays.

Anyone arrested for a felony offense, and not released on their own recognizance, or by posting bail, must be brought to court for their arraignment within 72 hours of their arrest. Like misdemeanor cases, weekends and holidays are not counted towards this constitutional time requirement.

Since all people arrested, are presumed innocent until proven guilty, an arraignment is an opportunity to commence legal proceedings by giving the accused an opportunity to plead not guilty, after being advised of the charges being filed by the prosecutor. At a clients arraignment the charges are read, as well as the possible consequences of the charges,in the event the defendant pleads quilty, or isfound quilty after a curt or jury trial.

It is not unusual in the majority of criminal arraignments for the accused to enter a plea of not guilty, regardless of the actual evidence presented in the police report, or the truth of the accusation. The purpose is to allow a more relaxed timeframe in so an attorney can properly evaluate the charges being brought against his clients, as well as the facts contained in the police reports, and any exculpatory evidence which is present to fight the allegations, including favorable witnesses on behalf of the defendant.

It is one's constitutional right to be represented by an attorney in any misdemeanor or felony case. And accused can retain his or her own counsel to protect and defend their freedom and good record. Those without sufficient funds to retain an attorney will be screened by the office of the public defender to qualify for their services. It is a common misconception, that the services of public defenders are without charge. In fact, fees are determined at the end of any case based upon the amount of time the attorney has spent preparing and defending the client against the current charges.

The cost for public defender services provided are evaluated in context of the defendants financial situation and their ability to pay the cost for legal counsel. In the event that there is no financial ability to contribute to the cost of their legal defense, then an attorney will be provided at no cost. Public defender's are randomly assigned, and unfortunately, cannot be chosen by the client. Due to the large volume of cases in the court system, it is common that public defenders spend a relatively small amount of time on each case.

When charged with a California Hit and Run you should be aware that it can result in either a felony or a misdemeanor, depending on the extent and nature of the damage. If the damage is to property, the case will be charged under California Vehicle Code 20002 as a misdemeanor. If the damage is to a person, the case will be charged under California Vehicle Code 20003 as a felony.

Potential penalties that may be given according to the California Vehicle Code include up to $1,000 in fines, and 0 to 6 months in jail. Sentencing may also include probation and alternative forms of sentencing such as community service.

In a misdemeanor case, the final sentence will be determined by the extent of property damage. The damage will fall within a range and the penalty will be given correspondingly. In a Hit and Run case in which the driver struck a person's fence and caused little damage will see a penalty in the form of a low fine. In contrast, in a case where someone causes extensive damage to another person's vehicle will be looking at a higher fine and possibly even some jail time.

In a felony Hit and Run case, the penalty will correspond to the extent of the injury caused to the other person. Injuries happen across a wide spectrum. On the lower end there are minor injuries, including minor scratches, sprains, and bruises. These injuries require little medical care and are quick to heal causing no permanent damage, or long term effects on the injured person's life.

At the other end of the spectrum, there are more serious and often fatal injuries. In contrast, these injuries require significant health care and costs, involve deep tissue or internal organ damage, and result in permanent or long term damage that has serious or fatal consequences on the injured person's life. Felony cases will be charged with sentences closer to the $1,000 fine range, and six months jail time or in some case, both.

Despite whether you have been charged with a misdemeanor or a felony hit and run, one thing is certain: you want the least possible penalty that can be issued. A Los Angeles Criminal Defense attorney can create the best possible defense so that the prosecution sees you in the most favorable light. This involves gathering positive letters from friends and family, negotiating with the prosecution and using mitigating circumstances to reduce the ramifications in your case. An attorney with thirty years of experience knows exactly what will strengthen and weaken your case and is able to effectively reduce or limit it's potential consequences through plea bargaining and negotiations that comes only with knowing the prosecution and judges through years of practice and success. Additionally, an attorney who knows the area of law may be able to persuade the judge to allow alternative sentencing in lieu of jail time, should it be required. The main goal of a successful attorney is to reduce your charges as much as possible and consequently, your sentence.