Los Angeles DUI Lawyer Blog

There is a well-known expression that perception is reality... what does that mean? This phrase as many different applications and contexts. The scope of this blog is to try and explain that being arrested for a driving under the influence of alcohol or drugs carries with it many negative connotations. For example, the term drunk driving gives the impression that the person arrested was in fact drunk. In fact, the law does not require a driver to be drunk, but merely to be driving a motor vehicle with a .08% of alcohol in their bloodstream.

At a trial of a DUI case, prosecutors and even judges present police officers, and their statements as impartial, and unbiased parties. In fact, police officers have an agenda, and that is to build a case against a driver to support their impression that they have been violating the law by driving under the influence of alcohol or drugs. They are not neutral, and their observations are colored by their own perception, and by their own need to support their opinion that this driver has broke the law.

Clients of our lawfirm of DUI defense attorneys, frequently our surprise when we are reviewing the air police reports of their arrest, of how negatively they are portraying by their arresting officers.

It's quite interesting, then only negative conduct by the driver is reported and noted, when any positive conduct is rarely documented. For example, almost all police reports describe the driver as smelling of alcohol, having red, bloodshot and watery eyes. Slurred speech, lack of coordination or balance. Good performance for example, on field sobriety tests, is rarely reported.

Fast forward to the courtroom where your Los Angeles DUI case is being heard. Picture the only information about you case # xxxxxxx being a 100% negative report written by the police officers. They are in lies the problem of how to change this image.

An essential component of our defense strategy on every DUI case is to request that our clients complete a written explanation of the events of the night they were arrested. We also request lines to provide as within work resume, letters of reference or recommendation, and any other positive information about who they really are.

Presenting this positive information to the prosecutor has a powerful effect on demonstrating a more fair and balanced account of what happened the night that they were arrested. It is essential to show the prosecutor a more accurate and fair picture of what really happened.

This legal strategy, called mitigation, is critically invaluable to educate the prosecutor and judge to see our clients in a much more positive lights, thus achieving a much more favorable result.

Knowing when to accept a plea bargain is a very critical decision which requires analyzing objectively the prosecutors case, including any and all evidence they have, and any witnesses.

There are three possible outcomes of a DUI prosecution. The rarest is after the prosecutor in a courtroom finds an obvious error or other critical weakness in their case, theydecide to dismiss all charges. Keep in mind that prior to filing charges, a prosecutor office reviewed the entire contents of the police report and determined that there was sufficient evidence in their opinion to convict the defendant beyond a reasonable doubt.

The second is a more common scenario, where based on the merits of the case, and after a careful evaluation of both positive and negative evidence, the defense lawyer and prosecutor agree upon a reduced charge or terms of a case settlement. This process is called plea-bargaining.

A plea bargain is a stipulation or agreement between the parties to settle the pending criminal charges. In most courts this put in writing, and presented to the judge to officially settle the case by reading the terms of the agreement into the court record.

The next way to resolve a criminal case, if a plea bargain has not been reached, is by the clients exercising their constitutional right to a court or jury trial. At a trial, the prosecutor has the burden of proving the defendants guilty beyond a reasonable doubt. If found guilty, any previous offer or agreement to settle the case will be null and void. The judge at that point, makes the decision after arguments by both parties to pronounce a sentence based upon the facts of the case, and the legal sentencing guidelines for that charge.

Anyone facing a DUI charge, is faced with this dilemma. An experienced attorney can assist his clients to evaluating the merits of the charges against them, and weigh the pros and cons of each of these important decisions. The number one obligation of an attorney representing clients on DUI charges is to protect the client.

For over 30 years, our firm has been a valuable resource to thousands of clients facing DUI charges, and these important decisions as to whether or not to accept a plea bargain. Some plea bargains are exceptionally favorable, and recommended. Other plea bargains offered by the prosecutor in a particular case, are not.

The unique facts and circumstances of each client's case must be looked at. Having a trusted advisor skilled in these types of matters can help you evaluate and decide what's in your best interest. Protecting your legal rights, good record and freedom is always our firm's number one concern.

Being arrested is a painful and traumatic experience. The foundation of the prosecutor's case against you in court will rest on the accuracy of the breath or blood tests taken from you at the time of arrest. Although the relative accuracy of these tests has dramatically increased over the years as technology has soared, they certainly are subject to errors which can produce erroneous results.

The accuracy of a blood test should always be carefully evaluated by your attorney, to determine whether or not the result that was produced properly. Without scrutiny, the results of a blood test contained in an arrest report can result in a conviction based upon inaccurate evidence.

Client's frequently ask after being arrested for drunk driving case, whether or not they made the right decision by selecting a blood test or breath test. Experts in the field, although agreeing on very little, seem to be in agreement that the blood test is the more accurate. The reason for this is that when the Sheriff's crime lab analyzes a blood sample to determine its blood alcohol content, it is simpler to quantify a percentage of alcohol in one's bloodstream.

On the other hand the results of a breath test is determined by the use of a breathalyzer machine, which take one's breath sample and through a much more complicated process, including heating the breath and converting the breath from a breath alcohol reading to a blood-alcohol reading. This process is not a direct process, and although it has been determined to have acceptably high accuracy, is still subject to a higher potential series of errors.

One of the advantages of taking a blood test after a DUI arrest is the ability to retest once blood sample for accuracy. This is made possible since the blood sample has been preserved through the use of a preservative. Breath samples are not reserved and therefore cannot be retested.

In my 30 years experience as a DUI defense attorney I have come across hundreds of various types of inaccuracy in blood samples. These errors occur in various ways including the improper drawing of the blood, including use of alcohol -- based cleansing agent. Other errors occur at the laboratory by technicians, including improperly storing and preserving a blood sample.

Errors also occur by the police and/or laboratory by not keeping a consistent and careful record of how the blood was drawn, and stored thus not providing the required chain of evidence.

Our clients frequently ask us whether blood-alcohol testing, whether by analysis of one's blood, or by the use of an approved breathalyzer machine at the police station is accurate. Blood alcohol testing in driving under the influence of alcohol cases is carefully regulated by the federal government under Title 17, setting forth specific guidelines for all blood alcohol testing, which must be scrupulously followed by the police, or hospital to ensure the accuracy of any sample taken and analyzed in a Los Angeles county DUI arrest.

The primary purpose of these procedures is to create a uniform set of guidelines to be followed, thus directing law enforcement throughout the state of California to adhere to these very specific government standards. In a Drunk Driving case where the defendant has submitted a blood sample to be tested for alcohol, or drugs, the government must document all of the specific procedures used from drawing the blood sample to having it analyzed by a state approved laboratory.

It is critical that an experienced Drunk Driving defense lawyer review the documentation and correctness of the procedures followed by the police in their client's case to ensure an accurate result. Firstly only state licensed clinicians, who have been properly trained in the specific procedures of drawing blood from a driver accused of driving under the influence are allowed to draw blood.

Some years ago, it was determined by the careful scrutiny of defense attorneys, that hospitals in preparation for drawing blood from suspected DUI drivers were using rubbing alcohol on a cotton in some cases to clean the area to be injected. It was determined that this would could increase the blood alcohol reading, thus making it unfairly and inaccurately too high. As a result of this finding, proper procedures were modified to require only the use of non-alcohol related cleaning and disinfecting agents were to be used.

Over the years, and as a result of errors, federal and state guidelines were modified to specifically and carefully identify the vials drawn from subjects, thus reducing the chance of mismatching one's blood to its donor.

Further, proper storage and refrigeration, as well as the use of an appropriate preservative to maintain the freshness of the blood drawn for evidence and possible retesting is required to keep the blood sample from being tainted.

Over the years, our office of DUI defense specialists have come across numerous errors in the drawing of blood which have resulted in dismissals and reductions of our client's cases. Every case should be carefully scrutinized to ensure the 100% accuracy of any blood drawn that is being used by the state to prosecute a driver.

A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver's license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

Often people will feel that if they do not comply with officers, that they will be treated rudely, or charged with not being compliant. Furthermore, how can they avoid these questions without feeling guilty. It is most important to remain courteous and respectful throughout the whole process. When you do not wish to respond to a question, simply tell the officer that you are sorry but really wish to not answer that question, or decline to comment on that.

The sobriety test given at the scene of the arrest is also not required. You can decline giving that test if you wish to do so without incurring penalty. However, the test given at the station is required by law and you do not have the option to decline.

An experienced Los Angeles DUI attorney is well versed in what statements are incriminating and which statements are better left unsaid. Once having been said and put on record a DUI attorney is also knowledgeable on which arguments will prove most powerful in minimizing the brevity of any such statements. Perhaps in the future, exercising your right to not comment will be the most powerful defense tool yet.

One of the most significant consequences that a DUI conviction may have on your life is that it may change your immigration status. When it comes to Immigration law, the Immigration Judge has a great amount of discretion on his decision as it is not objectively outlined in the Naturalization and Immigration Act.

While many drug offenses and more serious criminal offenses will most likely lead to deportation or revocation of your status, a DUI is much more subjective. The Judge will decide based on several factors if the DUI will prevent you from obtaining or maintaining your status. He or she will often consider your criminal record, how long you have been in the United States, your family situation, job history as well as other aspects of your life.

If you only have one DUI on your record and nothing else, chances are it won't have much of an effect on your Immigration Status. However, if you are on your third DUI and were on probation, the Judge will seriously consider deportation or terminating your status as either a citizen or Legal Permanent Resident.

The best way to assure your immigration status remains protected is to reduce or dismiss the DUI itself. Criminal court is very different from Immigration court and the Immigration Judge does not have the ability to reduce your DUI charges. Hiring an experienced Los Angeles DUI attorney will ensure that someone who knows the field very well can provide a powerful defense in order to give you the best possible chance of having your charge dropped or reduced.

Keep in mind that a simple DUI conviction can affect many aspects of your life. Having your immigration status reconsidered is something you want to avoid at all costs.

A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver's license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

Often people will feel that if they do not comply with officers, that they will be treated rudely, or charged with not being compliant. Furthermore, how can they avoid these questions without feeling like you appear guilty. It is most important to remain courteous and respectful throughout the whole process. When you do not wish to respond to a question, simply tell the officer that you are sorry but really wish to not answer that question, or decline to comment on that. Officers will try to push you and say that they smell the alcohol on you, or that they can tell you have been drinking. Despite their comments, you are not required to respond.

They may also ask if you would take a sobriety test for them. The sobriety test given at the scene of the arrest is also not required. You can decline giving that test if you wish to do so without incurring penalty. Many officers will tell you that if you take the sobriety test, they will let you go. Beware, this is not always the case.

An experienced Los Angeles DUI attorney is well versed in what statements are incriminating and which statements are better left unsaid. Once having been said and put on record a DUI attorney is also knowledgeable on which arguments will prove most powerful in minimizing the brevity of any such statements. Perhaps in the future, exercising your right to not comment will be the most powerful defense tool yet.