Los Angeles DUI Lawyer Blog

California state law prohibits anyone from driving a motor vehicle when your driving ability is impaired under section 23152 (a) of the vehicle code. Drivers are also prohibited under section 23152 (b) of the vehicle code to drive a motor vehicle when their blood alcohol level is a .08% or more.

Whether you take a breath test or blood test after being stopped and arrested on suspicion of driving under the influence, the seriousness of your case relies in great part on the readings obtained at the time that you were stopped and tested.

A criminal prosecution for this charge carries serious consequences including probation, fines in excess of $1500, required attendance at a lenghly alcohol program, and a range of other consequences.

The strength of the prosecution's case involving driving under the influence, is based on the probable cause for the stop, the driver's performance on a series of field sobriety tests, their blood-alcohol level, both at the scene, and at the station or hospital. The drivers record can also substantially affect the willingness of the prosecutor to reduce or dismiss any case.

The legal level of blood-alcohol as stated above is important as a benchmark for the prosecutor and the defense lawyer to negotiate. The closer the driver's blood-alcohol rate is to the legal limit, the weaker the prosecution's case. The higher the driver's blood-alcohol over legal limit can significantly build a stronger case for the prosecution who will seek greater penalties typically, then those cases involving lower readings.

There seems to be a growing trend in certain judicial districts, to file drunk driving charges even in cases where one of blood-alcohol is less than an 08%. Arthur recently was retained to represent a driver who although had a blood-alcohol rate of 07%/07% was charged with a 23152 (a) V C. In this case, our firm was able to persuade the prosecutor based upon our clients good record to dismiss the charges of DUI, and allow the driver to settle the case, but to a substantially lower charge.

When a person is charged with a DUI, the government makes their case using all evidence gathered during the arrest. This evidence will include the officer's report and observations as well as the reading from any blood or breath test taken. These two pieces of evidence will make the bulk of prosecution's case against a person, therefore if either account is inaccurate; it is in the best interest of the defense to argue its validity.

The accuracy of a breath test can be argued by demonstrating that the machine has not been properly calibrated, or it is running insufficiently. This is done by subpoenaing the maintenance records and reviewing them. If the machine has been used for a long time without having been checked for accuracy, there may be a weakness in prosecution's case.

The reliability of blood test results may also be argued. This is done by questioning the lab that has done the testing. The lab may have contaminated the sample, may be biased, or may have even tested the sample inaccurately. To obtain a valid, accurate sample, the person charged with the DUI has the right to have the blood sample tested by an independent lab. They also have a right to go to their own doctor and have their blood tested. However, this does weakens the strength of the blood sample as evidence because many hours have passed since the original arrest. Consequently, the sample will not reflect an accurate reading of the Blood Alcohol Level.

An experienced Los Angeles DUI attorney has successfully argued thousands of Driving Under The Influence cases and knows exactly how to weaken prosecution's case. A detailed analysis is conducted regarding the validity of the police report and the alcohol screening test that was administered. If there are any weaknesses or possible causes for invalidity, a knowledgeable DUI specialist will be sure to expose them to the government. A powerful defense will reduce the amount of evidence the government has against a person and result in a reduced or dismissed case.

California law requires drivers as a condition of issuing them a license to submit to a chemical test if requested by a police officer when one has been stopped on suspicion of driving under the influence of alcohol or drugs. Drivers have a choice to submit to a breath sample or blood sample to determine the alcohol content, if any, in their bloodstream.

This is implied consent law makes it a separate aggravating circumstance to a drunk driving case, if the driver either refuses or fails to complete one of these two tests. The law requires not only that the driver suspected submit to a test, but requires completion of a test culminating in a result. One's effort, for example by blowing into a breathalyzer machine is not sufficient unless a result is obtained. If a driver will not, or cannot complete the test chosen, then they must submit to the remaining text.

Should a suspected driver failed to submit to and complete a blood alcohol test to determine the alcohol content, or drug presence, they will be also charged with a refusal. This enhancement, can not only result in mandatory jail time, but subjects the driver to greatly enhance license suspension. For example, a driver who has been arrested for a DUI takes a breath test with a result of .24. This driver should only receive a one-month suspension of their driving privilege as long as they enroll in an appropriate alcohol program.

A driver either refuses, or fails to complete a blood alcohol test of their breath or blood face a license suspension of one year. Essentially their punishment is 12 times harsher than having taken a test, even with a high alcohol score.

Clearly, based upon the above example, it should seem obvious that complying with the requirements of implied consent law, rather than refusing to complete a test, has dramatically less severe consequences.

Should your case go to trial, and you have refused to take or complete a chemical test, the jury in most cases would be instructed that failure to comply with this law may show your consciousness of guilt. This additional negative inference, can often weigh extremely negative in the minds of many jurors. Our Los Angeles DUI firm has defended drivers under these circumstances, for many years, and prefers its clients to have less charges against them.

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.

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.

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.

If you have been charged with a DUI and at the time of your arrest you refused to take a chemical test, then the consequences regarding your license may vary. A DMV hearing must be scheduled within ten days of your arrest. At the DMV hearing, an officer will review the facts of your case and determine what sanctions to impose on your license, if any. You have the right to have an attorney appear on your behalf at a DMV hearing.

If you refused to take a Chemical test that would allow the arresting officer to gather evidence regarding your Blood Alcohol Content, your potential consequences will differ from those that submit to the Chemical Test. You have a right to refuse to take the initial chemical test administered at the scene, but generally must comply with the test given at the station.

If you are over 21 years of age, and have been arrested the DMV may suspend your license for one year on a first time offense. For a second offense, you license may result in a two year revocation. For any third of fourth time offense, your license will result in a three year revocation.

For those that are under the age of 21 the potential consequences will be similar. An experienced Los Angeles Criminal Defense attorney may be hired, not only for appearances in court, but also to appear on your behalf for a DMV hearing. Your license is a crucial necessity in your day to day activities, and must be protected. Allow an attorney who is familiar with the process and has dealt with officers for over thirty years help prepare a powerful argument on your behalf that will ensure you don't have your license suspended for the full time period suggested by the legislation.

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.

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 !!!