Los Angeles DUI Lawyer Blog

When a person is stopped on suspicion of driving under the influence in Southern California, they will be required to appear before the Criminal judge on a given date to plead their case. If a Los Angeles DUI attorney has been hired, the attorney may appear on behalf of the client as long as it is a misdemeanor DUI.

The first court appearance is called an Arraignment. During the arraignment, the Judge will ask the person being charged if they wish to enter a plea regarding the allegation of driving under the influence. There are three potential pleas that may be entered; guilty, not guilty and no contest.

Anytime a person chooses to enter a plea of guilty or no contest a DUI Advisement of Rights, Waiver and Plea form will be read to them and ultimately signed. On the form there is a section of Constitutional Rights which you must initial as having understood and waiving any of the rights listed.

The first right is the Right to a Jury Trial. The form informs the signer that they are entitled to a fair and speedy trial in which they are presumed innocent until proven guilty beyond a reasonable doubt by a jury of 12 peers. However, when a person pleads guilty or no contest, they are forfeiting this right.

The second right is a Right to Confront a Witness. This gives the person, or a representing attorney, the right to confront as well as cross examine a witness that is testifying as to the accounts from the arrest.

Thirdly, they will be giving up a Right against Self Incrimination. Each person that is arrested on suspsicion of commiiting a crime has the right to remain silent. They have the right to not incriminate themselves.

For example, let's assume that David has been arrested on the suspicion of driving under the influence. The officer asks David if he has been drinking that evening. David has a right to remain silent. He does not have to answer the question. If he were to say that he had drank a couple cocktails, the statements will be used against him court when he is being tried for a DUI case. Instead, David can exercise his right to remain silent and not make incriminating statements.

However, when a person pleads guilty or no contest, they are waiving the Right against Self Incrimination because they are conceding to the fact that they are guilty or do not wish to argue against the charges.

The last right listed on the DUI Advisement of Rights, Waivers and Plea form is the Right to Produce Evidence. The person charged has the right to bring in any witnesses that they wish to testify, as well as any evidence they feel is favorable to their case. However, when pleading guilty or no contest, they are giving up this Constitutional right.
The form will ask that the person understand what the right entails, and that they are giving up this right. All of the form must be read and initialed indicating acceptance of its terms.

If a person feels that they were forced to sign the form, or that they signed the form without understand what rights they were giving up, there may be a weakness in Prosecution's case. Consult an experienced Los Angeles Criminal Defense lawyer to understand your rights, and if they have been violated.

When you have been arrested for suspicion of driving under the influence, you will be given a court date to appear before a Criminal Judge. The law presumes that you are innocent until you are proven guilty beyond a reasonable doubt and it will be the Prosecutor's job to prove that you were intoxicated while driving.

The first appearance made before the Criminal Judge is called an Arraignment. During the arraignment the Judge will read you the charges and will ask if you would like to plead guilty, not guilty, or no contest. If you plead guilty or no contest, you will be read a DUI Advisement of Rights, Waiver and Plea form. You must read this form carefully and initial each statement.

In the form, there is an explanation as to your Right to an attorney. It explains that you have a right to an attorney to represent you throughout the proceedings. This is a right granted to you by the Sixth Amendment of the United States Constitution. This right ensures that each person is protected and properly represented before the Judge when they are being tried for criminal charges. It helps avoid any wrongful judgments being entered because the person being tried improperly handled their case or proceedings.
It is a right that is taken very seriously, and therefore must be read to the person standing before the Judge and they must fully indicate that they understand they are giving up this right.

If a person cannot afford an attorney, an attorney will be appointed to them. Public Defenders working in the courthouse help represent clients who cannot afford to hire a private defense attorney. However, public defenders have a high volume of cases and can only do their best in giving the attention necessary to each one. A private attorney does not have to take every case that comes into their office, they may take on only the amount of cases they can competently handle and provide the best possible representation for.

The DUI Advisement of Rights, Waiver and Plea form also explains that if the person is giving up their right to an attorney and is pleading guilty or no contest, they understand that there "are dangers and disadvantages to giving up [their] right to an attorney, and that it is almost always unwise to represent [themselves]".

This statement is very accurate. Entering a plea before retaining or even consulting with a criminal defense attorney may take away your constitutionally protected rights. A knowledgeable Los Angeles Criminal Defense lawyer has handled thousands of DUI cases and will be able to tell you if entering a guilty or no contest plea is the best option for you. There are many available defenses as well as negotiations that may reduce your penalties or possibly even help dismiss your case.

It is each person's right to be heard by a court of law, and be given a fair trial before they are found guilty of a criminal charge. In interest of these rights, when a person is arrested and charged with a potential DUI, they are ordered to appear before a criminal judge. They will not be found guilty of any criminal charge unless prosecutors can prove that there is guilty beyond a reasonable doubt.

The first appearance is called an Arraignment. During the arraignment the Judge will read the charges and ask if the person being tried would like to enter a plea. You can plead guilty, not guilty or no contest. If you plead guilty or no contest, you will be given a DUI Advisement of Rights, Waiver and Plea form. You will be asked to read over each provision carefully and initial by each statement.

The advisement assures that you are aware of the rights you will be relinquishing when you plead guilty or no contest. It also confirms that you have been advised of the potential consequences you may face as someone who has been found guilty or have not contested driving under the influence charges against you.

The Advisement first and foremost explains to the signer that they have a right to an attorney. If they cannot afford an attorney, a public defender will be provided to them by the government. It also informs the signer that representing oneself has many disadvantages and that it is highly recommended that an attorney represent them.

The second section discusses the different types of charges pertaining to a DUI and the signer is asked to review the charge and the code section and initial in agreement. The Advisement continues to discuss the Constitutional rights a person gives up when they plead guilty or no contest. They relinquish rights to a trial by jury, and they will not have the right to confront a witness. Additionally, by pleading guilty or no contest without any findings from the court, they are giving up their right to self incrimination. And they waive their right to produce evidence so that the facts and evidence can be heard before the court makes a decision.

The form also explains the statutory penalties for each charge relating to a DUI, including reckless driving. It goes through the penalties and consequences so that the court can assure the person pleading has fully understood their rights and the possible penalties.

The Advisement form is a simple 4 page form, but carries with it a heavy forfeiture of rights. Although the Judge will explain each statement in detail, you will not fully understand the consequences that you may face. It is important to consult with a DUI specialist who can provide you with a detailed explanation and discuss with you how to reduce the potential penalties.

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
When a plea of guilty or no contest is entered, a DUI Advisement of Rights, Waivers and Pleas form will be read to you and initialed. It goes into the record as proof that you were informed of the rights you were giving up by pleading guilty or no contest and what the potential consequences may be.

A section in the form lists all the consequences of your plea of guilty or no contest. Each of those will be read to you and you will be asked to initial and indicate that you understand the statements.

A chart of potential statutory are explained to the driver and they must indicate that they understand the maximum and minimum penalties for the offense(s) they are being charged with. They must then acknowledge that in addition to the fine, the Court will add assessments that will significantly increase the amount. For example, a fine of $600 can easily be closer to $1,500-$2,000 once all assessments have been calculated. In addition to the fine, with assessments, they will be asked to possibly pay a fine for restitution between $100 to $1,000 unless the Court finds a compelling and extraordinary reason not to do so.

A small section in the explanation of consequences pertains to those that were found driving under the influence while underage. If a person is under the age of 21 when arrested for a DUI, their license will be suspended for a year and their license will have to be suspended to the Court. In situations where the driver does not have a California Driver's license, the Court will order that the DMV suspend the driver's license for a year after they become eligible to drive.

Furthermore, the Court asks the person being charged to understand that their vehicle may be impounded for up to 30 days at their expense. Also, the court may require that an Ignition Interlock Device (IID) be installed into their car for up to three days. An IID is a device that requires a person blow into a breathalyzer before the vehicle can be started. It ensures that a person does not driving while under the influence.

The consequences of pleading guilty or no contest can be harsh. If a person enters a plea without first consulting a DUI lawyer, they may be agreeing to consequences that could be reduced with the help of an attorney. Before you enter a plea, be sure to consult with an expert and discuss the many different options and possible outcomes of your case. A DUI on your permanent record could affect many aspects of your life.

In a San Diego driving under the influence charge the Prosecutor has the burden of proving that the driver was intoxicated at the time of the arrest. To prove their case the Prosecutor will use several different types of evidence and must show proof beyond a reasonable doubt.

If the driver took a blood alcohol content test, the reading will be a part of the evidence presented by the government. A blood alcohol test is administered at the station following the arrest and may be a blood or breath test. If a person is unable to take one of the tests, they must take the other. For example, if a person has severe asthma and cannot take a breath test, they must take a blood test. If the person is unable to take either test, it will be considered a refusal by law. A refusal, regardless of the reasons for not taking either test, there may result in further penalties in addition to those of a DUI.
The final BAC reading will be entered into evidence as an exhibit whether it is over a .08 or not. California Vehicle Code § 23152 and 23153 does not state that the intoxication level for a DUI must only be .08 or higher. The code section also states that anybody found driving under the influence of alcohol and/or drugs may be found guilty of a DUI, whether it is at a .08 or not.

The Prosecutors will also introduce the arresting officer's report as evidence of intoxication. The report will generally include observations made by the officer as well as the reason the driver was stopped and later questioned. The officer's report will also include any statements made by the driver. The credibility of an officer is generally presumed to be pretty high in comparison to that of the charged driver and so to contest statements in the officer's report is difficult, but can be done.

Observations in the statement will include things like slurred speech, blurred vision and results of any field sobriety test. Additionally, the officer will ask the driver if they had been drinking, how long they had been drinking and if they had anything to eat. The officer does not have to read a person their Miranda rights before asking these questions, and the driver is not required to answer. If the driver has answered, the officer will make a note of the statements and include them in his report.

When Prosecution attempts to prove intoxication in a Criminal Court, there will be a presumed credibility to the statements of the officer and the reading of any BAC test. An experienced San Diego DUI lawyer has represented thousands of clients in DUI cases and knows precisely what to expect from the government as far as evidence and potential arguments. The attorney will prepare a powerful defense that will be specific to the facts of each case and will properly cast doubt or reduce the credibility of evidence presented by the Prosecution.

If a person is charged with a DUI, and they refused to take a breath or blood test at the time of the arrest, they may face additional consequences if convicted. When a driver is issued a California license, they give implied consent to submit for a blood alcohol test if asked to do so by officers. When a person refuses to do so, they are violating this previously given consent, and the penalties are taken seriously by the DMV and the government.

Many of our clients do not explicitly refuse to take a blood or breath test, but are unable to do so for various reasons. For example, many people who are overwhelmed and stressed out find it difficult to calmly breathe into a breathalyzer to get an accurate result. Some have asthma and are unable to properly breathe into the machine. Those that are unable to take the breath test and provide usable results, must take the blood test as an alternative. But many times, the officials administering the blood test are unable to find a vein or collect a sample large enough. The driver may also have a fear of needles and cannot submit to the blood these. As a result, the person is unable to take the blood test or the breath test, but have cooperated and provided legitimate attempts to do so.

For example, say Sally is stopped for a DUI and is asked to take a BAC test. She has asthma and does not have her inhaler with her. She, nevertheless, tries to breathe into the machine in order to provide a sample but officers tell her that none of the attempts were valid. She is then asked to take a blood test since the breath test was not valid. They try to take her blood but cannot find a vein and after several attempts, fail at gathering a sample. Sally followed directions and tried to aid the officers in gathering a sample to the best of her ability, but because of uncontrollable factors she was unable to do so.

Unfortunately, the law does not make an exception for such a situation. It will still be charged as a refusal, and will lead additional consequences if convicted. When there is no reading of blood alcohol, whether it is a blood or breath reading, the law views it as a refusal. The reason as to why there was a refusal is irrelevant.

However, an experienced Los Angeles DUI Lawyer is able to use any cooperation on behalf of the client as a good faith support. A knowledgeable attorney will play up a strong argument that the driver attempted with good faith to take the test but was unable to do so due to factors out of their control. With the right powerful defense a DMV hearing officer, or a Criminal Judge may be sympathetic and appreciate the cooperation, reducing the additional penalties on account of the refusal.

When a person is stopped and asked to take a Blood Alcohol Test, a refusal to do so, may lead to serious consequences. When a person is granted the privileges of driving in California, along with the obligations and duties is implied consent to cooperate if a driver is questioned by officers regarding a possible DUI. By holding a valid driver's license, you are agreeing that if you are stopped by officers, you will comply with requests to take a breathalyzer or blood test in order to test your blood alcohol content (BAC). Refusing to take the BAC test will have serious consequences because you are going against your previously given consent.

During a DUI arrest, officers will administer BAC tests at two separate occasions. You will be given a field sobriety test at the scene of the stop when the officer initially questions the driver. The initial sobriety test is not required by law and will not have severe consequences for refusal. However, the breath or blood test you are asked to take after being taken into custody at the police station is required by law. You do have the right to refuse, but will face additional consequences if convicted of a DUI.

If you refuse to take the breath or blood test that is required, officers must admonish you of the consequences. They must read it verbatim from a form and have you sign it acknowledging that you understand the additional penalties you may face for having refused. If this form is not read and signed, there is a strong argument for any additional penalties incurred as a result of the refusal to be dismissed.

If a person refuses the BAC test after having been admonished of the possible additional consequences and they are convicted of a DUI, they will most likely be sentenced to mandatory jail time. Those that have opted to refuse the test may be looking at 48 hours of jail time and a year long suspension if they are a first time offender. Second time offenses may be sentenced for 96 hours of mandatory jail time and a 2 year license suspension. Third time offenders will be penalized with 10 days jail time and 3 years of license suspension.

These penalties are in addition to the general DUI sentence. The refusal is an enhancement that adds additional jail time, fines and length of license suspension to the general DUI penalties. For example, a woman is charged and convicted of a Southern California DUI for the first time. In addition to the DUI, the woman refused to take the breath or blood test at the station giving her the added enhancement of a refusal. The Judge sentences her to a day in jail and a fine of $1000 and probation. As a first time offender of a DUI she may be penalized a fine between $390 to $100 and very minimal jail time, if any. However, because she refused the BAC test, her jail time will be a 3 days (the one day and additional 48 hours) as well as the fine and probation. The DMV hearing will determine the suspension or revocation of driving privileges. What the DMV hearing officer decides will have an added suspension of one year if there was a refusal.

When you are arrested for a DUI, the consequences of a refusal are not something you think about. However, they do come up as an issue later on during the Criminal proceedings and the DMV hearing. An experienced Los Angeles DUI lawyer can prepare a powerful defense in your favor to help mitigate or dismiss the additional penalties.

The proceedings at a Los Angeles DMV hearing are very different from those in Criminal Court. The DMV hearing may take in person, or at the request of a Los Angeles Criminal Defense lawyer, over the telephone. Telephonic hearings are often requested by the attorney so that they can help coach you with the testimony. The DMV hearing officer will call you the law office and the attorney and client will be present and listening over speaker phone. All dialogue is on the record and will be conducted with the professionalism and legal guidelines as any proceeding, but is just a lot more convenient for all parties involved.

The officer will call at a scheduled time and will confirm the name of the attorney and the client. The client is identified by providing full name, birth date and address. The attorney will be identified by providing a name, and address. The officer will introduce the different exhibits as evidence, one of which will be the arrest report including the officer's statements. The issues will be stated and the officer will ask which the attorney stipulates to, and which he or she is contesting.

Once all issues have been stated and it has been entered on the record what is being contested the DMV hearing officer will swear in the client and any other witnesses that are going to testify on the record. The attorney will then ask the client questions, followed by any questions the officer may have.

Some of the questions the attorney will ask are general to most DMV hearings, however some will be specifically tailored to the specific case before the hearing officer. The attorney, through questioning will try to establish that the client was not intoxicated while driving. Oftentimes this is done by discrediting the officer whose statements serve as the sole evidence, or by establish additional witnesses who can account for the driver's actions.

The experienced Los Angeles DUI specialist will ask general questions asking for the client's story of the night they were arrested, asking questions to elaborate on parts that he or she feels are worth putting on the record. The hearing officer will likely counter asking what the client remembers from the night and trying to protect the credibility of the arresting officer's statements and weakening the credibility of the driver. Because the driver is presumed to be intoxicated, their account of the events is taken with little regard. The officer and most often the court will assume that the driver was under the influence of alcohol and/or drugs and does not have an accurate memory of the night.
At the conclusion of the hearing the officer will make a decision regarding the status of the driver's license. Sometimes if there is room for argument and the attorney has presented powerful testimony, the hearing officer will not be able to make a decision based on the facts presented and will have to hear testimony from the arresting officer regarding the facts from the night of the arrest. In this case, a second DMV hearing will be scheduled.

The DMV hearing is an important part of the DUI process and one that holds the final decision regarding your driving privileges. A knowledgeable DUI attorney provides the guidance you need to make sure your credibility is strengthened and your side of the case is heard on the record before any decision is entered. Without an attorney, it is difficult to be sure of the right questions to ask and what to say in response to the DMV hearing officer. For the best possible results and to assure that your driving privileges are only suspended for a minimal amount of time, and a restricted license is granted, seek the help of an expert that has been conducting DMV hearings for over 30 years!

During a DMV Hearing the officer will ask questions and review the arrest report to determine several issues and make a decision regarding the restriction or suspension of your driver's license based on their findings. All questions asked and evidence gathered will be directed towards determining answers and argument centered around the issues that must be determined.

At the hearing the DMV officer must first determine whether the arresting officer had valid probable cause to stop the driver. The officer may not stop any driver without a valid reason to do so. Majority of times the driver is stopped for a violation of the California Vehicle Code. This could be running a red light, speeding, an illegal u-turn, or similar offenses. If a person violates the vehicle code, the officer has a duty to stop the driver and cite them for the violation. If during the stop the officer believes the person may be intoxicated, they have the right to conduct a sobriety test to determine if they could possibly be guilty of a DUI.

An officer also has probable cause when they check up on a person who had gotten into an accident or is pulled over at the side of the road. When a person is pulled over or has just gotten into an accident, the officer must conduct a welfare check to determine whether the person is ok or if they need assistance. At the time of the check the officer may determine the person is under the influence of drugs and/or alcohol and give the person a sobriety test.

The DMV officer must also determine if there was reasonable cause for the arresting officer to arrest the driver. They must look into observations made by the officer regarding intoxication to determine if the arrest was proper and with reason. If there was no reason to arrest the driver, there may be no case for DUI.

The hearing officer will also asses the facts of the case to determine whether a sobriety test was taken and if so which one. The driver has a right to refuse the preliminary alcohol screening test administered at the site of the arrest, but refusing the test at the station may lead to more severe consequences if the person if found to be driving under the influence. The driver also has a choice between the blood test, and the breath test, but by implied consent one must be taken at the station. Implied consent is consent given when a person is issued their driver's license. It implies that the person agrees to submit to an alcohol screening test when asked to do so by an officer.

If all other issues have been demonstrated, the final point the officer must determine is if the Blood Alcohol Content reading is a .08 or over. This will be completed by confirming the BAC reading from the blood or breath test and determining that there was no error in the use of the machine or its maintenance.

The job of the Los Angeles Criminal Defense lawyer is to prove to the DMV hearing officer that the elements required to be found guilty of a DUI are not met. This is completed through testimony and casting doubt upon the officer's report and observations from the night of the arrest. If the different issues are not proven sufficiently, the driver may not be found guilty of a DUI, and their license will not be suspended or revoked.

When a person has been charged and arrested for a Southern California Driving under the Influence charge they must appear before a criminal court Judge as well as a DMV hearing officer. The criminal court will determine if they are guilty of a DUI and will dismiss or sentence accordingly. The DMV hearing officer will hear the facts of the case and if found guilty will take actions against the person's driver's license.

Each person has the right to a criminal defense lawyer to represent them in both the criminal court proceedings and the DMV hearing. Hiring an attorney to represent the driver during the DMV hearing not only ensures that the person is properly prepared during the testimony, but also that their rights are protected. A powerful argument made during the DMV hearing can help prevent the California driver's license suspension for an extensive amount of time, and in certain situations may allow them to retain the use of their license on a restricted basis.

During a DMV hearing the officer will present the arresting officer's report and will give the person charged an opportunity to present their side of the case on the record. The driver has the burden of proving that they were not intoxicated while driving. They must prove their case through strategic testimony.

The careful preparation and practice testimony prepared by an experienced Los Angeles Criminal Defense lawyer will assure that the DMV hearing officer is aware of all issues pertaining to the case and that all facts are put on the record. These facts are brought out through testimony and the criminal defense attorney will help their client go through questions and issues prior to the hearing, as well as be present during the hearing to guide the questioning.

Oftentimes, the hearing officer must learn all sides of the case, and if a person does not have an attorney to represent them during the hearing, they will not know what to say and may make statements that could damage their case.

Recently we had a client who had a very difficult case. She believed that she had been drugged, was very scared and terrified about the whole ordeal. A DMV hearing was the last thing she needed to stress her out and remind her of the night she was traumatized by. With the guidance and help of our knowledgeable attorney, Ronald Hoffman, she was able to get through the DMV hearing. The DMV officer is trained to remain unsympathetic to emotional stories regardless of how difficult the situation is for the driver. Despite the sadness and tears our client had while answering the questions, she was able to persevere through the testimony with the attorney asking her questions and guiding her responses while sitting right there next to her.

When a person is already stressed out by appearing before a criminal court Judge, the added hassle of a DMV hearing may be more than they are able to deal with. There is a great benefit in having an experienced Los Angeles DUI attorney to help guide you through the testimony and ask questions that would normally be left up to the DMV hearing officer. Additionally, the lawyer can spend time with you beforehand preparing you for the questions that will be asked and the best way to phrase responses so that the DMV officer understand that you are not just another case number, but a person with a name and a side of the story that would not normally be heard.

The burden of proof in a criminal case refers to whether the government (Department of Motor Vehicles or the Prosecutor) or the driver has to prove the person being charged meets the standard required to be found guilty of the offense.

During a DUI case in front of the Criminal Judge, the Prosecution has the burden to prove that the driver is guilty of driving while under the influence of alcohol and/or drugs beyond a reasonable doubt. What this means is that the government attorney must demonstrate to the court that there is enough evidence that demonstrates the person was guilty of a DUI beyond the doubt of a reasonable person. If there is any kind of doubt upon any part of the evidence, or the evidence as a whole, the burden has not been met. The person being charged has no obligation to prove that they were not intoxicated and driving. They have the right to defend themselves against accusations made or presented by the government, but do not have the burden of disproving intoxication while driving. If the government cannot present enough evidence as to alleviate any reasonable doubt, then they have not met their burden and the driver is not guilty of a DUI.

Assuming as an example, a person is being charged with a DUI in front of a criminal Judge. Prosecution presents a Blood Alcohol Reading and the officer's statements as evidence. However, the officer has been cited several times previously for fabricating reports and there is a conflict between his story and the driver's. There was a second car on scene that witnessed the whole event and corroborates the driver's story causing further doubt on the officer's report. Additionally, the blood alcohol machine records show that the machine has not been calibrated or sent for proper maintenance in a few years resulting in a margin of error on readings. Due to the discrepancies in the officer's report and the possible erroneous reading on the breathalyzer the prosecutor has not proven the case beyond a reasonable doubt. The accused driver has no obligation to show through evidence that he was not intoxicated, the case will be dismissed.

During a DMV hearing the burden is on the driver to demonstrate that they were not intoxicated while operating a motor vehicle. The DMV hearing officer does not have the obligation to show that the driver was intoxicated like the government does in a criminal case before the Judge. The officer must listen to the testimony of the driver and that will be entered as evidence against the claim of driving while intoxicated.

For example, during a Southern California DMV hearing, and officer enters the arrest report prepared by the arresting policeman that the driver showed signs of being under the influence of alcohol and was weaving in and out of lanes. Additionally, the driver made statements admitting that she had had several drinks of hard alcohol and decided to drive. Although the driver will have the chance to testify with the help of her attorney before the DMV hearing officer, she will likely not be able to disprove the assumption that she was drinking and driving. In this cases, the burden that she was not intoxicated will not be met, and the DMV will suspend her license according to their laws.

The burden of proof will determine how the case should be argued, defended and presented. The proper evidence and testimony must be prepared according to whether the case is being heard by a criminal Judge or a DMV hearing officer. An experienced Los Angeles DUI lawyer has handled these cases thousands of times and knows what the best argument will be based on the circumstances and who the case is being presented to.

Many of our DUI clients do not know that it is up to them to schedule a DMV hearing within ten days of their arrest, including weekends. If a DMV hearing is not scheduled, it can lead to automatic license suspension, without a chance to be heard.

The DMV hearing is a completely different proceeding from the Criminal court proceedings. The evidence is different, and heard by two different decision makers, and the issue that is being decided is also different.

During a criminal proceeding, the case is brought by the government, represented by a Prosecutor. The Judge is to determine whether there is enough evidence to find the driver to be driving while intoxicated. Both sides will present arguments, and evidence (usually the officer's report and the alcohol screening test reading) before the judge determines a sentence if the driver is convicted of a DUI.

A DMV hearing does not have a Judge or a Prosecutor and is an administrative hearing. The DMV hearing is with the driver and a DMV officer and can be done over the phone. The officer will review the officer's report and the Alcohol Screening test reading to determine an appropriate suspension or revocation of a person's license. The driver, or an attorney on their behalf, also has the time to present an argument and a defendant to reduce or dismiss suspension or revocation.

A Los Angeles criminal defense attorney is able to represent you in both types of hearing. An experienced Los Angeles DUI attorney has represented thousands of clients in DMV hearings as well as Criminal court proceedings. They can fight for your rights and protect your driving privileges and help keep your criminal record clean.

Many different factors come together to affect the rate of alcohol absorption, how quickly it is distributed into your blood stream and how quickly it is eliminated from your body.

Alcohol absorption is affected by the food you have ingested and the type of drink. When food is eaten along with alcohol, the alcohol absorption is a lot slower and the blood alcohol concentration peak (the point of greatest intoxication) is generally achieved anywhere between an hour to six. For people who haven't had as much to eat, and are not eating along with their alcohol, the blood alcohol concentration peak is reached faster, generally in half an hour to two. The type of food ingested; fat, proteins or carbohydrates may have an effect on the quickness of absorption, but there is no concrete evidence. There is proof however, that the bigger the meal, and the closer in time to drinking that it is eaten, there is a slowing effect on alcohol absorption.

The stronger a drink is, the faster it will be absorbed by the body. Drinks that are generally between 10% and 30% of alcohol concentration will be most rapidly absorbed. Drinks that are less than 10% will take longer to be absorbed by the body.

The rate at which the alcohol is distributed into a person's blood stream depends on their body fat, type and weight. Persons with lower body fat percentages will have a lower blood alcohol content. For people who are the same weight, the person with the higher fat will have the higher BAC. Similarly, the less a person weighs, the more they will be affected by alcohol.

The liver is the organ responsible for eliminating alcohol from the body. Studies show that women eliminate alcohol from their systems 10% on average faster than men. Additionally, if a person is consuming alcohol at a higher rate than elimination, the BAC will be higher.

These are all things to take into account when a person is charged with a DUI. Consult a Los Angeles DUI Attorney to discuss the contents of an arrest report and the reading of the sobriety test. Oftentimes, there may be errors and the BAC may not be as high as it is documented. A knowledgeable attorney can expose the errors to the court, leading to a potential reduction or dismissal of the charge!

A driving under the influence conviction not only affects a person's criminal record, but also their driving record and auto insurance. Exactly how it affects each person's auto insurance policy will differ from person to person, and from company to company.

When a person is convicted of a DUI, the DMV is automatically notified. Along with scheduled court dates to determine the outcome of the criminal case, the DMV will hold a hearing to determine the status of the person's driving privileges. Once the sentence is determined, a person's auto insurance company is allowed to access any information they need regarding the conviction. Upon their research, the auto insurance company will make a determination regarding the status of the person's insurance policy.

Insurance policies are affected in different ways. For some people the premium will increase significantly, whereas other policies will be cancelled until further notice. The approach taken by an insurance company depends on several factors; the past driving record of the individual, the criminal record of the driver, as well as the age. After taking into consideration all factors as a whole, the company will make a determination.

Once driving privileges have been revoked, a person is required to file an SR-22 before privileges can be reinstated. An SR-22 is a form that shows proof of insurance. An insurance company issues a SR-22 to a driver so they can present it to the DMV when requested. Before insurance can be reinstated after it has been revoked or suspended, an SR-22 must be filed with the DMV to demonstrate that the driver is insured. A major insurance company does not issue SR-22s to listed drivers, only those that are the named driver on the policy. So for example, if the insurance policy has the father as the main driver, and the son is listed as a driver under the father's policy, the insurance company will not issue a SR-22 to the son. The son will have to get a separate policy where they are the named driver.

An experienced Los Angeles Criminal Defense attorney can represent a person in criminal court as well as DMV hearings. Years of practice has given them the knowledge to prepare a powerful defense on a driver's behalf. They fight hard to keep a driver's privileges intact and their auto insurance premiums low, and their policy with full coverage.

One of the biggest goals our firm fights hard to achieve for our clients, is to avoid any jail time and to receive the lowest possible sentence. However, if there is a complex criminal history, or the charge is a serious one, jail time may not always be avoided.

Even though jail time may be a part of a person's eventual sentence, there are creative alternatives that will allow them to avoid serving the time in an actual county jail or state prison. These alternatives are granted as a result of well prepared negotiation and skill with the Judge and Prosecution by an experienced Los Angeles Criminal Defense attorney.

The option of house arrest is available to many people in lieu of serving traditional county jail or state prison. House arrest comes in many forms, including electronic surveillance, house confinement, or home detention. Each achieve the same goal; to allow a person to serve mandatory time in their own home.

Most house arrest sentenced do not require that a person remain only in their home. The Judge will take into account several factors when determining the restrictions that will be placed on the house arrest sentence. Depending on the severity of the convicted offense, a person may be able to attend work or school, social obligations, and other similar events.

As a person under house arrest, they would be subject to random drug searches, may be required to check in with an officer, and also may be under electronically surveillance. This is how the court will continue to monitor the house arrest, and confirm that the person granted the creative alternative is taking it seriously and does not need their privileges revoked.

When it is not possible to avoid a mandatory jail sentence, a creative alternative is ideal. However, it is important to note that Judges and Prosecution are very hesitant to offer this option. A skillful Criminal Defense attorney that has built a solid reputation among criminal courts in Southern California may be granted the option for their clients after providing a powerful argument.