Los Angeles DUI Lawyer Blog

Being arrested is like being kicked in the head by a mule. It probably leaves you dazed and confused for many hours. One of the most important benefits of consulting and experienced DUI and Criminal defense attorney is to understand the potential consequences of the charge you were arrested for.

Every criminal charge has a sentencing guideline set out by the legislature in one of several common places. These include the vehicle code, Penal code, health and safety code and welfare and institutions code.

Although most people think there is a set penalty, that is not true. To be more accurate, there are sentencing ranges set out for each code violation. These typical penalties include summary or unsupervised probation and formal probation where one is assigned a probation officer which oversees your compliance with the terms and conditions of your probation subsequent to a conviction by plea, court or jury trial.

For example a first offense driving under the influence of alcohol case , the range is between zero and six months in jail. A third offense drunk driving case has a much higher range which exposes to not only greater maximum penalties, but imposes higher minimums like the 120 days in jail minimum for anyone convicted of a third offense drunk driving case within a 10 year.

The importance of understanding any offer or plea bargain from the prosecutor is critical to evaluate the case properly. By knowing this information you and your attorney can better evaluate whether or not the offer is a good one and worth considering accepting.

In a drunk driving case, there is a minimum of three years summary or unsupervised probation, and a three-month alcohol program. People see two cases with prior convictions may be required to attend longer alcohol programs, longer potential jail time as well as probationary terms and higher fines.

For example quilty pea to a domestic violence charge requires probation for a minimum of three years and a domestic violence counseling program, which typically lasts one year. This program is required by state law and cannot be deleted by a prosecutor or even a judge if they chose to request that.

Knowledge is power, knowing what's are up against is always valuable to making the best decision, based upon the facts and circumstances of your case.

Nicole Richie, former reality star and daughter of famous musical artist Lionel Richie, was granted an extension on her probation resulting from a 2006 DUI. In December of 2006, Richie was arrested and charged with a DUI after she was caught driving the wrong way on a Los Angeles freeway. After pleading guilty, she was sentenced to 4 days in jail and 38 alcohol education classes.

Richie's probation was set to end in July 2010, however the actress has been unable to complete all the court requirements due to the birth of her two children with rocker Joel Madden. Richie's attorney requested a court approved leave from her alcohol education classes, which was granted by the Judge and extended to March 2011.

You do not need to be a celebrity to get highly skilled Criminal Defense help. A Los Angeles DUI Attorney who has been practicing for over thirty years can provide you with affordable professional representation and the zealous advocacy you need to successfully fight your case. At Hoffman and Associates we have helped thousands of clients with DUIS and have established a solid reputation with the many Judges and Prosecutors in Southern California courts.

A knowledgeable DUI specialist can argue your case from the beginning through to its completion so that you see the best possible results, avoiding jail time and a shorter period of probation. In the event that you are unable to complete your probation requirements, You do not have to be a celebrity to be granted a favorable extension. An Attorney who has created a favorable presence in the criminal courts of Los Angeles County, will be able to present a strong argument on your behalf so that you can get the time you need. Contact our office to get started on your free consultation right away!

With the costs and expenses associated with a DUI, it is a natural concern to have questions regarding how it will affect your auto insurance. Not only can a Criminal Defense attorney specializing in DUI answer any questions you may have, but can also use their experience and knowledge to fight hard to keep the costs as low as possible.

There are many potential consequences to your auto insurance depending on the final decision of the officer at your DMV hearing and the company you use for your coverage. It is common to lose your auto insurance after being convicted of a DUI. Your driver's license may also be suspended by the DMV, and therefore being covered by your auto insurance company may not be an immediate concern. With the help of a Southern California DUI attorney who will strategically defend your case during your DMV hearing and in court, it is possible to avoid revocation of your driving privileges, even if it comes in the form of a restricted license.

Additionally, many auto insurance companies maintain that they do not cancel your insurance on a first time offense, but do deal with it in a harsh manner. You can assume that your insurance premium will be increased. Whether it is increased by a significant amount, or something more manageable will depend on your specific insurance provider.

In the state of California you are also required to file an SR-22 insurance form with the DMV to reinstate your driving privileges after you have been convicted of a DUI. An SR-22 is a vehicle liability insurance document which provides proof that the driver has the minimum liability coverage required for California.

Once charged with a DUI, the costs of legal help, court fees, and fines start adding up. The last thing you need is additional costs to your auto insurance. An experienced DUI specialist, like Ronald Hoffman, not only provides you with reasonable rates and a payment plan that works for you, but also fights hard to get you the best possible outcome at your DMV hearing. Such results can only come with over thirty years of experience and a solid reputation among the criminal courts in Southern California. Contact our office today for your free consultation with one of our highly trained attorneys!

Anyone charged with a DUI or other criminal offense is entitled by the Constitution to a jury trial. At a jury trial the prosecution is for acquired to put on sufficient evidence to prove that you are guilty of the offense charged beyond a reasonable doubt.

In a California DUI case, the state must prove that the officer had probable cause to stop you. This critical element requires that the driver violated at least one or more of the sections of the vehicle code. Examples of common reasons to stop a driver in a DUI arrest are speeding, weaving, following too close, or failing to stop at a stop sign.

Although most of our clients contest the issue of their own impairment at the time that they were driving and stopped by the police, physical and/or mental impairment is not a requirement of a driving under the influence prosecution.

California law requires that the driver had a blood alcohol level (BAC) of .08 or greater. A recent trend in some counties and courthouses is to even file blood-alcohol levels of .07 and .06 where significant impairment is present.

Our firm of DUI specialists with over 30 years of daily courtroom experience scrutinizes these critical elements of a DUI offense with each client we represent. Our firm never presumes that any client is guilty, just because they were stopped and just because they may have been drinking. Statements contained in one's police report are carefully scrutinized for accuracy whether by our clients or by the officer arresting them.

Witnesses for the driver, preferably not drinking can provide significant help to strengthen the credibility of our clients position and statements.

The exercise of your rights to a jury trial should be carefully made with the assistance of your attorney by objectively weighing the merits and strength of both sides of your case. An experienced attorney, like lawyers at our firm, are in a superior position to examine a pending case for errors, or shoddy police work, inaccuracies in the drawing of blood or breath testing process, and looking at the weight of both prosecution and defense witnesses.

It is true with every decision one makes, that there are benefits and potential risks associated with every decision. This is certainly true of weighing the decision of whether or not it's in your best interest to pass on a plea bargain, and try your case in front of a jury. It is important to consider not only the benefits of winning, but the potential risk including incarceration plus a number of other potential penalties, if you are found guilty.

Many of our clients who are arrested for a DUI are choose to take a Blood test to obtain a reading of their Blood Alcohol Content (BAC). California state law strictly regulates the procedures for obtaining an accurate blood test sample under Title 17 of the California Code of Regulations.

Despite legal regulations in effect, procedures are not often followed. A knowledgeable DUI attorney is able to review the specific facts of your case and determine if a blood test sample is obtained inaccurately. If errors exist in the manner with which the sample is collected, a skilled attorney can use the facts to weaken prosecution's case and strengthen the argument in favor of the defendant.

When administering a blood test, law enforcement is required to have a trained professional draw the blood. Additionally, they are required to accurately store the sample so that it can properly be tested free of contamination. Officers have to also ensure that the chain of custody is not disturbed. The chain of custody refers to all that have handled the blood sample, from the professional who drew the blood to the technician that tests it for the BAC. All who have had custody of the sample must be accounted for and properly qualified.

Title 17 is extensive and includes many more procedures, in addition to the ones discussed above, that must be adhered to by law enforcement professionals in obtaining a blood test reading. Our team of highly skilled attorneys at Hoffman and Associates are with Title 17 after handling thousands of DUI cases. We can review the specific facts of your case to determine whether your blood test reading was gathered inaccurately which could significantly weaken prosecution's case against you. Hire someone who is not only familiar with DUI Defense, but has been specializing in it for thirty years. We know which errors to look for, and work hard to prepare a defense that will not only strengthen your case but will get you the results you are satisfied with.

A significant component of the prosecutor's case rests on your Blood Alcohol Content (BAC). When arrested for a DUI, you have the option of taking the blood or breath test to determine your BAC. If you chose the Blood Test, you should be aware of the many errors that can yield a higher reading.

In comparison to taking a Breath Test, a Blood test is shown by experts to be more accurate due to the fact that it is a direct analysis. A direct analysis does not have to be converted into a measure of your Blood Alcohol level, as is the case with the Breath test. Regardless of its higher accuracy rate, a Los Angeles DUI attorney will explain to you that the Blood test is not without its own variables of inaccuracy.

A blood sample may be exposed to several factors that may yield an inaccurate result. The sample may be contaminated after it has been taken from the arrested person. Additionally, the sample could accidentally be switched with another, leaving you with a higher BAC than your actual BAC. This will potentially have a significant impact on your DUI case.

A Los Angeles attorney who specializes in DUI Defense, such as Ronald Hoffman, has handled thousands of cases dealing with inaccurate blood test results. Our team of highly skilled attorneys knows precisely how to expose the errors of your BAC reading, weakening prosecution's case and strengthening your argument. Our years of experience and knowledge are reflected in our zealous advocacy and strategic defense of your case so that you see results you can be satisfied with.

The officer's observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California's case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violations the officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

Although citations for alleged violations are generally not issued for each separate violation, the officer is always seeking to list as many possible violations to build a stronger case against you. Eventhough a ticket typically is not issued at the time of arrest for any DUI, don't be surprised that the officer had listed each and every violation he claims he saw in your police report. Carefully reviewing this report can make you and your attorney aware of the numerous discrepancies contained in the report.

The field sobriety tests, or coordination tests are given by the police officer as a building block to show your lack of coordination and impairment related performance. Although it is always good to be cooperative, it is also important to know what is legally required, and that which is not. These field sobriety tests are not required by law, and since 90% of all drivers completing these do not pass in the officer's eyes, there seems little advantage to agreeing to perform these tests, which are challenging without consuming alcohol.

Your blood-alcohol testing or BAC level, is the contents of your alcohol level determined by a breath or blood test. You have a choice of completing either of these tests, and although the choice is yours, the law requires that you complete at least one of these tests when requested by a police officer who suspects that you have been driving under the influence.

The higher your blood-alcohol level above the legal limit of .08% creates a stronger case against you. Your statements about what alcohol you have consumed, or your admissions to feeling buzzed or impaired, rarely are favorable to making you look better. It is always good to refrain from making additional statements which further corroborate the officers observation about your level of impairment. Don't help the prosecutor build a stronger case against you.