Los Angeles DUI Lawyer Blog

When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. If you refuse to take the breath test, or are unable to, you will be required to take the blood test. If you refuse to do so without a valid reason you may be additionally penalized.

If you have refused to take both tests, there may be some legal defenses that will work in your favor. An experienced Los Angeles DUI attorney can prepare a powerful defense that will help strengthen any possible arguments that you may have.

One possible defense is if you have a fear of needles and cannot take the blood test. If you are able to prove the fear, you may have a strong argument in your favor and the refusal may be set aside. Additionally, if the facility is not clean, or you feel that the needles or equipment used to administer the blood test is not sanitary, you will not be required to take the test and may refuse.

It is also important to note, however, that if you are unable to take the blood test you will be asked to take a breath test. If you are able to take a breath test, but refuse to do so, it will weaken any defense you may have.

Consult with a knowledgeable Los Angeles Criminal Defense attorney to assess the specific facts of your case and to learn what options are available to you.

When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. Whereas it is your right to refuse the preliminary breath test (the one administered at the scene of the arrest), you cannot refuse the test given at the station without additional penalty.

If you have refused to take both tests, there may be some legal defenses that will work in your favor. An experienced Los Angeles DUI attorney can prepare a powerful defense that will help strengthen any possible defenses that you may have.

One possible defense is if you have asthma and are unable to properly breathe into the machine in order to provide an adequate sample. Another valid defense is if for any reason you are physically unable to take the breath test. If there is a valid scenario rendering you incapable of giving a breath sample, you may have a defense against an additional penalty imposed due to refusal.

You are also not required to take the test if the machine is broken and giving erroneous results.

It is also important to note, however, that if you are unable to take the breath test you will be asked to take a chemical test, aka a blood test. If you are able to take a blood test, but refuse to do so, it will weaken any defense you may have.

Consult with a knowledgeable Los Angeles Criminal Defense attorney to assess the specific facts of your case and to learn what options are available to you.

California Proposition 36, also known as The Substance Abuse and Crime Prevention Act, is a type of Drug Diversion program that was passed by voters in November 2000. It changed State law to allow first and second, non violent simple drug offenders the opportunity to receive drug treatment education rather than incarceration.

Persons charged must complete a licensed or certified community drug education program as a part of their probation. If they fail to complete the program or violate any of the other terms of their probation, they will have to serve an additional sentence which may include incarceration.
Those that will not qualify as a candidate for Proposition 36 are those that have:

Been incarcerated within the last five years for a serious or violent felony offense
Been convicted in the same proceeding of a non-drug related offense.
During the commission of the offense been in possession of a firearm, and at the same time was either in possession of or under the influence of cocaine, heroin, methamphetamines or phencyclidine (PCP).
Refused treatment
Two separate drug related convictions, have participated in Prop 36 twice before and are found by the court by clear and convincing evidence to be unamendable to any and all forms of available drug treatment. In cases such as these the charged will be sentenced to 30 days in jail.

A Southern California Criminal Defense Attorney has handled thousands of Drug cases and has gotten many client's cases dismissed through drug diversion programs. Through years of practice the attorneys at Hoffman & Associates can prepare a powerful argument on your behalf to ensure that you qualify for a drug diversion program and increase your chances of avoiding any jail time!

Under California Penal Code 1000, certain persons charged with drug related cases are able to get their case dismissed through the completion of drug education and awareness programs.

This section applies only to first time offenders if they meet certain requirements.
In order to qualify, the charge being brought against you must be one of the specific California Health and Safety Code sections mentioned in Penal Code §1000, as well as meeting a list of criteria outlined in the same section.

Firstly, the person charged may not have any prior offenses regarding controlled substances. The offense they have been charged with may not involve any kind of violence or threatened violence. Any kind of charge involving bodily injury, or even an aggravated assault will render a person ineligible for the drug diversion program. Furthermore, there can be no evidence of a narcotics charge or restricted dangerous drugs other than those sections listed under Penal Code §1000.

The person requesting the benefits of PC 1000 may not have any record of probation or parole being granted and thereafter revoked. Additionally, there may be no indication on the person's record that they have successfully completed or been terminated from a drug diversion program within 5 years prior to the alleged commission of the offense. Lastly, there can be no prior felony charge within 5 years of the charge for which a Drug Diversion program is being requested for.

Prosecution will review the requirements, the charged person's past record and background and arrive at a decision whether they qualify for PC 1000. If they qualify, the Prosecution will prepare a written declaration to the court and to both parties giving notice so that a Deferred Entry Judgment hearing date can be set.

An experienced Los Angeles Criminal Defense attorney who has been practicing in Southern California for over thirty years has not only acquired a wealth of knowledge regarding drug cases, but has built a solid reputation among Judges and Prosecutors in the Southern California area. With this expertise they are able to prepare a powerful argument and give you the best possible chances in qualifying for PC 1000 and having your case dismissed!

Los Angeles, California is one of the most popular destinations for people to visit for vacations as well as doing business. People travel from around the world, as well as from every state in America. Although, California, and especially Los Angeles are viewed as places to have fun in the sun. Unfortunately, thousands of people each year find themselves behind bars after being arrested for driving under the influence of alcohol or drugs.

This event creates a number of challenges for these people which can create unexpected challenges when they are not residents of California. The law is clear that regardless of their place of residence outside of California, anyone driving within Los Angeles, or other parts of California on our highways are subject to the laws of California, regardless of where they actually live or have drivers licenses.

The term jurisdiction refers to a state power to sanction the actions of other states inhabitants while they are in California.

California Penal Code 1000 creates a drug diversion program that allows certain offenders to avoid a criminal charge.

PC 1000 allows for a Deferred Entry of Judgment (DEJ). A DEJ requires that the person charged plead guilty to an offense. The sentencing, or the "judgment", is then deferred for 18 months. The person charged must enroll and complete required drug education and awareness programs. They must provide proof to the courts that they have enrolled in classes.

They must then return on a later court date and show proof of completion to the court, negative drug test(s) and paid administrative court fees. If all has been completed successfully, and no other offenses have been committed the person is entitled to have their case dismissed. This means that they can legally deny having any convictions on their record. However, law enforcement will be able to view on your record that you have been charged with drug possession but have completed the program and have had your charges dropped. If the program is not completed successfully, the person will be sentenced and convicted.

PC 1000 gives several requirements that must be met in order to qualify for the DEJ. This will be upon recommendation and review of the prosecution who will suggest it as an alternative to sentencing. It is a one time deal only, you may not use it for multiple drug possession offenses.

A knowledgeable Los Angeles Criminal Defense attorney has obtained a DEJ for many clients and strives hard to get charges dismissed. With the help of an experienced attorney who can prepare the best possible argument for your case, you have a great chance of having your charges dropped!

A diversion program is a program instituted by the District Attorney's office that allows a defendant who has been convicted of a Drug offense to avoid criminal charges and a criminal sentence. The program is designed to help rehabilitate offenders and to alleviate the overflow in time, cost and expense to courts and probation officers.

If someone who has been convicted of a drug offense qualifies for a drug diversion program, they may have the opportunity to avoid prosecution by completing certain requirements of the program. These requirements include completing certain education courses aimed at preventing future offenses, providing restitution to the victims of the offense, completion of community service hours, and avoiding certain situations that may lead to future offenses. This may involve no contact with certain persons, or visitation to certain places.

If a program is completed successfully it may prevent the charge from appearing on a person's criminal record. This provides huge benefits for future employment opportunities, education and social achievements.

Each drug diversion program has its own qualifications and its own requirements. An experienced Los Angeles Criminal Defense attorney has extensive knowledge on all qualifying programs in your area. An attorney will prepare a powerful defense on your behalf to ensure the best possible chance in qualifying for any one of the available programs!

California Vehicle Code 14601.2 makes it illegal to be driving with a license that has been suspended for Driving Under the Influence under Vehicle Code 23152 or 23153. The Driver must have knowledge of the suspended license.

Additionally, under this section it is also unlawful for a person who has been convicted of a DUI and has a restricted license, to be driving at unauthorized times given that the driver has full knowledge of the restriction. Notice shall be assumed if the DMV has sent out a notice in accordance to proper procedure.

Potential penalties for a violation under this section are given in ranges. Your final sentence will be determined through the consideration of several factors and arguments presented in court. For a first time offense the sentence ranges from 10 days in County Jail to 6 months and/or a fine of $300 to $1,000. If you have are convicted of a VC 12601.2 violation within 5 years of a violation under the same section the spectrum for a potential penalty is higher. You can be sentenced anywhere between 30 days to a year in county jail and/or a fine ranging from $500 to $2,000. Probation may also be a part of the final sentence.

A knowledgeable Los Angeles DUI and Criminal Defense attorney has years of experience representing clients who have had suspended licenses charges for many reasons. An experienced attorney can prepare a strong argument in your defense to ensure that your final sentence falls at the lower end of the spectrum.

This is a very good question. There are two kinds of chemical tests under California state law to determine a driver's blood alcohol content (BAC) at the time he was stopped on suspicion of driving under the influence of alcohol, drugs, or both. Until recently, there was also a urine test which was part of the drivers choice of tests. This test after many years. was eliminated by the legislature due to their determination that this type of test did not meet the high standards of accuracy required by the law.

There are two remaining tests which a suspected drunk driver has to chose from. These tests are the blood and breath tests. The blood test, which most experts view as the more accurate of the two because this test essentially through a direct analysis, measures the percentage of alcohol in the blood drawn from a suspected driver.The result is a blood alcohol concentration or bac which is directly correlated to the language of the law prohibiting blood-alcohol levels of .08 or over.

In addition, if the suspected driver is also under the influence of a drug, a blood test or urine test is the only way to determine their presence. A breath test is only capable of measuring alcohol.

The breath test, has been determined by the federal government under title 17 to be sufficiently accurate for blood-alcohol testing of suspected DUI drivers. Current models of these sophisticated machines have a very high accuracy rating, although require regular and frequent maintenance and calibration to be reliable. It has been determined that these machines have .02 allowable error range.These machines use heated gases and other very sophisticated techniques to convert one's breath into a blood-alcohol reading to be measured against the requirements of the law. These breath testing machines are subject to a variety of possible errors that make it more susceptible to generating inaccurate and erroneous results. There are two common types of errors. Operator errors occur when the officer fails to follow the specific steps prior to using the machine.

One example is that title 17 requirement that the driver be observed continuously for at least 15 minutes before the test is given. The purpose of this requirement is to prevent the machine from reading possible mouth alcohol present either from recent drinking or coughing, belching or regurgitating prior to the test which could overstate blood-alcohol present.This second type of error is also very common.

Our firm of DUI specialists, carefully inspect for each DUI case we defend the maintenance and accuracy logs before and after our clients has blown in to this machine. These errors can get cases dismissed or reduced in Court.

Contrary to popular belief, the criminal court and the DMV are two separate entities, with very little connection with each other when it comes to the enforcement of sentences and potential penalties.

The Court is a judicial entity and follows its own set of laws and procedures where as the DMV is an administrative entity with its own as well. When you have a scheduled court date, it is different from your DMV hearing. Each will look at their own set of questions and requirements and may arrive at different conclusions regarding your case. The court has no control over your driving privileges; these are solely up to the DMV to be decided at your DMV hearing.

If the court reduces your DUI conviction to that of a reckless driving or exhibition of speed, the DMV still have the right to suspend your license as if you had been convicted of a DUI. The ruling found in court is not binding upon the DMV, they are free to arrive at their own conclusion based on the facts and make their own findings.

Similarly, if you refuse to provide officials with a breath or chemical test at the station during your arrest, the DMV is able to charge with your enhanced penalties according to the law, even if the court finds otherwise.

A knowledgeable Los Angeles DUI Defense attorney represents thousands of clients not only in court but in DMV hearing as well and as a result has over thirty years of experience in preparing strong defenses to not only protect your rights but your driving privileges as well!

Many of our clients have inquired about the maintenance and use of the Ignition Interlock Device. While this is all new law, being a pilot project, we have been able to answer the following commonly asked questions.

Does the device cause damage to my car and will other people be able to continue to drive my car?

Other people will be able to drive your vehicle but will have to also blow into the machine before starting the vehicle. Those that will potentially drive the car should also be educated on the use of the machine. The installation of the device will not cause damage to the vehicle, and it will be restored to the same condition it was before the installation of the device.

What will happen if the service appointment is missed and how often will the device need to be calibrated?

The device will prompt the driver. For example, a device may flash or the light may stay on and a tone will sound if it needs service. If the IID is not serviced, all IIDs will enter a lockout condition and the driver will not be able to operate the vehicle. Then, the vehicle would have to be towed to the service center or the service center technician would have to perform remote service. The device will also need a calibration check every 60 days or so.

What happens to the vehicle if the device malfunctions?

Nothing will happen to the operation of the vehicle. The device will not interrupt the operation of the vehicle.

What happens if the Driver fails the breath test?

The IID will enter a short lockout period of a few minutes for the first failed breath alcohol test and a longer lockout for any subsequent failed breath alcohol test. This permits an opportunity for the alcohol to dissipate from the mouth and for the driver to consider the reason for the failed breath alcohol test.

Information provided from California DMV website.

There are a lot of unanswered questions surrounding the new Ignition Interlock Device now required by law in Los Angeles County for those convicted of a DUI. As with any new law, there remains many loopholes and issues that have not been accounted for. Even as a pilot project, it seems to be fairly difficult to "fool" the ignition interlock machine in any of the following ways.

Can someone use a balloon or other air source to mimic human breath, or can someone else take the test for the driver?

The device currently has anti-circumvention techniques which allow the machine to abort any phony breath samples. This allows it to instantly detect when actual human breath is not being blown into the device and will cause the machine to report the failed sample. Furthermore, you may not have someone else legally take the breath test on your behalf before starting the vehicle. According to California Vehicle Code §23247, it is illegal to have another person blow into the device or to start a vehicle equipped with the device for the purpose of allowing someone whose driving privilege has been suspended to operate a vehicle. For those who aid in the circumvention of the machine, they can be fined or served jail time under California law.

In addition, the device will ask for a running retest throughout the time the vehicle is running. If this running retest fails, the unit will log a violation and in some vehicles the honk will continue sounding until the vehicle is turned off.

It is important to note that the running retest will not cause the driver to take his or her eyes off the road. When the device signals for a retest, the driver has a few minutes to provide the sample. This gives them plenty of time to pull off the road into a safe area and provide the necessary sample. No buttons need to be pushed, the driver need only blow into the unit.

Even if a person is taking medicine that may have alcohol in its ingredients, or have used mouthwash beforehand, the machine will indicate a presence of alcohol over the preset limit and log in a fail. Persons required to install the device are strongly cautioned to avoid such medicine or mouthwash or make other accommodations.

Do not attempt to disconnect the battery of the machine in hopes that it will "forget" or erase any logged violations. The unit has a backup lithium battery to protect its memory.

While there are many unseen problems with the new law, it seems as if the machines have been made to accommodate for those who try to "fool" its purpose. If you have been caught in violation of any requirements of the device speak to an experienced Los Angeles DUI attorney who can provide you with the answers you are looking for!

The new Ignition Interlock law enacted in Los Angeles County seems to be vague and lacks a precise plan for enforcement by the DMV. Due to it's novice nature, many loopholes have been unaccounted for and many questions remain unanswered.

According to the specifics in the law, you are required to install the device into a vehicle that is owned by you. However, people are exempt from installing the device into their vehicle if they provide the DMV with a written notice of the fact that they have no ownership of a vehicle, that they have no access to a vehicle at his or her residence, that they understand that they must inform the DMV of any changes in their situation, and acknowledgement of licensing and IID requirements.

So if you do not own a car or have access to one, you would not be required to install the device. The DMV is also not requiring those people who drive a motorcycle to install one either. Additionally, many of our clients ask us about the law if they do not reside in one of the counties participating in the pilot program, but were arrested in one that does, or vice versa.

A knowledgeable Los Angeles DUI attorney can help you answer all of the questions you may have as well as prepare a strong defense against installing the device in your car. It seems that even the DMV is not sure of how the enforcement and implementation of this law will go, leaving much room for a well prepared argument in your favor!

There is nothing illegal about drinking alcohol. There or is also nothing illegal about drinking alcohol and driving. It is only against the law to drive a motor vehicle with a blood alcohol level (BAC) of .08% or more.

The state of California created this law under section 23152 of the vehicle code. This law has a number of different sections which make it illegal to drive a motor vehicle under certain circumstances. 23152 (a) V.C. prohibits any person to drive a car when their driving ability is impaired by either alcohol or drugs or the combination. 23152 (b) V.C. prohibits driving by those people who have a blood-alcohol level of .08% or more.

When I asked my clients how much they have had to drink, the most common response is with a number. For example, clients will tell me they had a couple of drinks, a few glasses of champagne etc. Our average client speaks of their drinks like they were all the same. Nothing could be further from the truth. This oversimplification, is what commonly gets my clients in trouble. Although, counting and keeping track of what one has to drink is important, what you are drinking is just, and maybe more important than just the number.

Be very careful, drinking beer which has an alcohol content of 12 -14% is not remotely the same as vodka, whiskey, or rum which can have 30% or more by volume of alcohol. Wine, like beer has a much lower alcohol content than other hard liquors. A driver who consumes three shots of tequila will have a much higher blood-alcohol level than one who consumes three glasses of wine or beer.

Mixed drinks can also get people in trouble, because unless you are making the drink yourself, you can never be certain of the amount of actual alcohol being mixed in your drink. For example, while drinking at a bar or restaurant, one drink could actually have two or more ounces of alcohol, while you're counting it as one drink.

It is also prudent and helpful to always combine food when you are drinking. The benefit of food is that it helps the body absorb the alcohol, and then eliminate the alcohol reducing your blood alcohol level (BAC) should you be stopped and ultimately tested by the police. All food is not created equally for the purpose of expediting, or speeding up the process of absorbing alcohol that has been consumed. Typical bar food, like pretzels, peanuts, and tortilla chips and salsa are not a lot of help. Studies have shown that protein rich foods like chicken, beef, and pork, as well as vegetables and protein dramatically increase the body's absorption of alcohol quicker. Also spacing of your drinks helps a lot too.