Los Angeles DUI Lawyer Blog

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.

Just about a month into the New Year, we learn that the California Highway Patrol is taking a no nonsense approach to Drunk Driving. On New Year's Eve between 6 P.M and 6 A.M, the CHP arrested 108 drivers who were found to be intoxicated over the legal limit in Los Angeles County alone. This number has jumped up by 20 arrests since last year. These arrests include only those that were made by the CHP. The actual number arrested is higher when all local police departments are taken into consideration.

These numbers are from a single night, and when taken alone seem to be tolerable for a huge city like Los Angeles. However, there were seven fatalities in the county alone on that one night. That is seven people who lost their lives due to a careless decision, and innumerable amount of people who lost someone from their lives. The statistics from New Years Eve in Los Angeles County are analogous to those seen around the State of California. Government officials have not only taken notice to the alarming numbers increasing year after year, but are taking drastic actions to deter offenders and help protect the public.

Governor Arnold Schwarzenegger in a speech given on October 13, 2009 at the signing legislation AB 91 explained that it was crucial that we cut down on drunk drivers as it is becoming a serious problem in California. He noted that last year alone there were 1,335 DUI related fatalities and it was "inexcusable" that on a daily basis law enforcement arrested about 550 different drunk drivers which came out to more than 200,000 arrests a year. He further commented that he found it "outrageous" that 25% of these offenders were repeat offenders. As a result he has increased the amount of checkpoints, introduced new legislation and increased penalties to help decrease the growing problem.

Senator Bob Huff enthusiastically supported the Governor's concern by stating that there are 310,000 drivers on the roads in California that have has three or more DUI convictions and 44,210 have had five or more.

Don't be the one that gets arrested for a DUI this year especially with new legislation and more severe consequences. With changes being made, make the right decision after the fact. Understand the severity of the arrest, the impact it will have on all facets of your life and seek the appropriate legal help.

Every driver arrested on suspicion of driving under the influence of alcohol or drugs in California with a blood alcohol level of .08% or greater, or those refusing to take a chemical test by a peace officer, face suspension of their driving privileges between four months on a first offense DUI, to three years for a third offense.

Every driver arrested on suspicion of driving under the influence with a .08 or over, or those refusing to take a blood-alcohol test are all subject to the Department of Motor Vehicles commencing immediately allow action to suspend your driving privilege. This action which is called an administrative per se suspension proceeding gives notice to drivers of the departments intent to suspend a driver's license as a result of their arrest.

For over 10 years the Legislature has enacted what is commonly referred to as a stop and snatch law. This law authorizes police officers to physically snatch or take a DUI suspects Drivers License and forward it to the DMV to commence suspension proceedings.

A temporary drivers license is issued to the driver which contains important notice about DMV laws and procedures including the most important which is the requirement drivers request a hearing within 10 days of the date of arrest to contest the impending suspension action.

A DUI and DMV attorney can protect your valuable drivers license from being suspended. There are many legal and procedural defenses which are attorneys use to fight the DMV every day and save our clients freedom to drive.

The decision to suspend or not suspend your drivings license is based uopn whether the police had probable cause to stop you and whether you had a BAC (Blood Alcohol Level) of .08% or more. An experienced Dui And DMV Specialist can fight the DMV to save your license.

The police start building a case from the moment they first see a vehicle that draws their attention. Officers are required to have probable cause to stop a vehicle. In a DUI case that usually means that the officers must observe one or more Vehicle Code violations like speeding, lane straddling, talking on your cell phone, following too close, seatbelt violations, failing to stop for a stop sign or light and other similar violations.

Although my clients often question or disagree with the police officers observation of a violation, one is required for a valid stop. Most people aren't aware that one of the guidelines that the police use to determine a drivers impairment is their ability to promptly produce their drivers license, insurance and registration. A drivers response to this request is frequently a source of the officers observation of impairment by the driver.

Having practiced as a DUI Specialist for over 30 years, I have become increasingly aware of my client's misunderstanding of the law regarding what is required,and what is not required by a driver stopped on suspicion of driving under the influence.

The law does not require a driver stopped on suspicion of driving under the influence to answer questions asked by an officer, other than to provide personal information regarding their identity, address, and drivers license, registration and insurance information. Once a criminal investigation has focused on an individual suspect, they have a constitutional right to remain silent and not make statements that may incriminate themselves. Unfortunately, many drivers during a police investigation make statements that unnecessarily worsen their situation and help the officers build a stronger case against them.

The law also does not require a driver in this situation to admit to drinking or using drugs. There is no reason to make such admissions regardless of whether that is true or not. Suspected DUI drivers are frequently asked by officers to submit to a Preliminary ar Alcohol Screening Test at the scene of the stop. This test is not required by law and eventhough most of my clients feel that they would pass these tests, that is often not the case. This also builds further evidence as to the level of alcohol in the driver's bloodstream.

Statements indicating that you're coming from a bar or nightclub also are not necessary. Clients often feel that the Field Sobriety Tests or coordination tests will prove to the officers that you are not impaired. Client rarely pass these difficult and challenging coordination tests and it provides the officers with additional confirmation of the drivers impairment.These tests are also not required by law and therefore we would not recommend drivers in this situation providing officers additional opportunities to build a sronger case against you.

When a driver is stopped on suspicion of driving under the influence, the Law in
California DOES require a driver to submit to a Breath or Blood Test to determine the alcohol content in their bloodstream. This is a legal requirement and failure to complete one causes greatly increased penalties, including mandatory jail time and a much longer period of License Suspension. In our experience a Breat Test is preferable to a Blood Test since it is somewhat less reliable.

Be polite, respectful and cooperative with the police. Don't engage in a conversation, but merely answer those questions and do those things as outlined above.

Don't help the police build a stronger case against you. By following these practical tips, you can really help the police build a weaker case. Know your legal rights and protect yourself by excercising your Constitional Rights !!!

Have you ever heard the saying... you don't really appreciate something until it's gone. You soon realize that having your drivers license suspended by the Department of Motor Vehicles immediately shakes your world. When you realize that having a drivers license is a privilege, not a right. The three most common ways my clients qualify for the drivers license to be suspended are:

1. DUI and having a blood alcohol level of .08% or more.
2. Being determined by the Department of Motor Vehicles to be a negligent driver by being convicted or pleaded guilty to violations that result in your getting four points in a 12 month period or six points within a 24 month period.
3. Failing to appear for a traffic violation or other traffic related misdemeanor.
4. Failing to pay your fines or fees to the court for a traffic violation or other traffic related misdemeanor after promising to do so.

Promptly hiring an experienced traffic court lawyer who specializes in clearing up or avoiding the DMV suspensions can prevent your valuable drivers license from being suspended or revoked.

Each of the above categories which may have caused a license suspension require different skills and procedures for clearing them up and creating an opportunity for our clients to have their driving privileges fully reinstated.

Tearing up the above issues in a timely fashion can avoid jail time, costly and greatly increase fines and preventing the loss of that all too important drivers license which gives us the freedom to live and work in California.

I am frequently asked by clients and people I meet if it is advisable to refuse to take a chemical test either breath or blood is stopped on suspicion of driving under the influence of alcohol or drugs (DUI). In my practice as a DUI specialist for over 30 years, I am frequently told that people think that it is better to refuse to submit to a chemical test after drinking to keep the police from having any physical evidence of those suspected of having a .08 % or over (the legal limit in California).

While that would seem true to many people, the DUI laws regarding refusals have legislated serious consequences for those failing to complete a chemical test to determine the alcohol content in their blood.

California state law requires that those persons stopped on suspicion of driving under the influence are required to submit to a breath or blood test when requested to do so by a police officer after a vehicle stop. Failure to comply with the officer's request mandates 48 hours in jail and a one-year license suspension. These severe consequence are for first offender DUI cases. The penalties for second and third offense cases is substantially greater.

In addition to the use serious penalties, the legislature all has also authorized the Department of Motor Vehicles to suspend one's driver's license for a minimum of one year if it is been determined that a DUI refusal has occurred. All of alleged DUI drivers should retain the services of a skilled and aggressive attorney to challenge these refusal allegations by requesting a timely hearing within 10 days after their client's arrest. Failure to request such a hearing will waive your right to contest this issue and the DMV will impose this serious sanction

Therefore, with the valuable experience of representing thousands of clients faced with this additional aggravating circumstance, We pass out this valuable piece of advice. We recommend that those clients faced with this choice should submit to a chemical test regardless of how high or low you perceive your alcohol level to be and abide by this law to avoid substantially higher potential penalties for refusing to commit to a chemical test.

Beware of the presence of the Los Angeles Police Department using hundreds of DUI checkpoints throughout the City of Los Angeles.

Over the past 10 years since these random Checkpoints were first introduced, the Police have extended these checkpoints throughout the city at locations focusing on intersections selected for their high incidents of traffic accidents and perceived DUI drivers.

DUI checkpoints do not require the police to justify any vehicle stop. This is an exception to the legal requirement of probable cause (i.e. violation of any vehicle code section) to make the stop of a vehicle lawful and valid.

While DUI checkpoints have been upheld as legal by the Supreme Court of the State of California, controversy stills swirls about the fairness of these stops. Beware of their possible presence after drinking. if you are stopped, you should not admit to drinking any alcohol regardless of what the police officer thinks. Also, don't agree to submit to any field sobriety tests (coordination test done at scene). These FST's although commonly requested by the police when a driver has been stopped on suspicion of Driving under the influence.Tthese tests are not Required By Law.

The Law DOES require any driver suspected of driving under the influence of alcohol and /or drugs to submit to a Breath or Blood Test to determine the alcohol or drug content present.

Therefore, do not refuse to submit to a Breath or Blood Test. The penalties are much harsher for refusals than they are for drivers taking a Breath or Blood Test, even if the results are much higher than the legal limit. Such penalties may include mandatory jail sentences and lengthy license suspensions.

Remember, be safe and don't help the police build a case against you if you find yourself stuck at a DUI Checkpoint.