Los Angeles DUI Lawyer Blog

Clients always asked me as part of our initial consultation subsequent to their DUI arrest, whether they did the right things. Immediately after a driver has been pulled over for a DUI the officer requests the driver to submit to and complete a series of coordination and balance tests, commonly called Field Sobriety Tests. They get their name from the common location these tests are administered which is usually not in a police station, but on the side of the road.

These tests are designed to provide police officers with screening information to determine the drivers level of impairmment. Common examples of these tests are walk the line... these tests, like other coordination tests given in DUI cases is first demonstrated and instructed by the officer prior to asking the driver to perform. This popular tests requires the driver to take a designated number of steps on a line or crack in the sidewalk and then duplicate that in the opposite direction. The officer looks for lack of the subject following specific instructions as well as lack of balance.

Another popular field sobriety tests is the nose touch test. This requires the driver to close his eyes tip his head back and touch alternating right and left index fingers to the tip of his nose. Reciting the alphabet, or countig 1-20 and then backwards are also popular.

It is a very popular misconception that these field sobriety tests which are typically part of every DUI investigation are required by law. That is not the case. Since state law does not require a driver to submit to any field sobriety tests when stopped on suspicion of DUI, it is permissible and advisable to pass on the officer's request to complete these. Although many of my clients tell me they feel that they performed these tests with excellent results, rarely is this reflected in the police officers viewpoint and police report. When asked by the officer to submit to a series of field sobriety tests, simply say you'd rather not.

Don't help the police officer build a stronger case against you by giving him an opportunity to demonstrate your lack of coordination, or failure to follow the officer's instructions. These observations are an integral part of his investigation and a building block for a case against you. Don't help !!!

Your driving record is a very important indicator in the eyes of a prosecutor or judge as to how responsible the driver has been There are a number of factors that are considered in interpreting your driving record. These include the number of moving violations, traffic accidents,( where the driver is deemed to have been at fault) other infraction or misdemeanor violations like driving on a suspended license, driving under the influence of alcohol, hit-and-run, and other potential violations which can affect the outcome of your current case.

DUI cases can be dramatically affected by one's driving record and prior convictions of certain types of offenses. Typically, persons facing potential penalties for a first offense driving under the influence case without aggravating circumstances are not required to do any jail time, which is a very good thing.

Those drivers who have been convicted of driving under the influence offenses within the last 10 years face a mandatory minimum jail sentence between 96 hours and one year in jail. Anyone convicted of a third DUI within a 10 years face incarceration of between 120 days in jail and one year in jail.

It becomes clear based upon the above legislative guidelines that the law mandates substantially increased penalties based upon the driving record of the person arrested for a DUI.

Another consideration for prosecutors in determining their offer to settle is the frequency of prior offenses and other violations on one's driving record, as well as the recentness of prior offenses. For example, a driver who has recently been arrested for a DUI faces a much harsher penalty if his prior DUI conviction was very close to the conviction on his first offense. The typical Of probation on a DUI case is three years. If a second or third conviction occurs within this period of probation, potential penalties are far greater than they would be for cases outside of probationary term.

Prosecutors also add penalties which often include jail time for those drivers whose licenses are suspended at the time that they are arrested for a driving under the influence case. Further, even greatly increased penalties have been legislated for those drivers previously convicted of driving on a suspended..

Drivers convicted of hit-and-run, and other traffic related infractions and misdemeanors can be considered by a prosecutor and judge to increase the potential penalties the driver faces on his or her present case.

An experienced drunk driving defense lawyer, can use his skill and expertise in minimizing or eliminating the necessity of clients in these going to jail.

At the Law Offices of Ronald N Hoffman, we have represented thousands of clients in these circumstances and successfully eliminated or reduced the necessity of jail time.

When you are pulled over on suspicion of driving while intoxicated there are several requirements that you must comply with. Knowing what you must do and what you have the right to refuse will better your chances of fighting a DUI case and will help weaken the government's case.

A preliminary screening test is not required by law. If the officer asks you to take a test that will give a reading on your Blood Alcohol Level (BAC) at the site of the alleged DUI, this is upon your volition. It is not required that you take this test, you can choose to wait until you reach the station.

It is necessary that you provide the arresting officer with your basic information. This may include showing him or her a form of ID, insurance information and current address and phone number. The law requires that you have to provide this to the arresting officer and may not refuse to do so.

Additionally, when taken to the station you are required to take a blood or breath test to determine your BAC. Unlike the test administered at the site of the arrest, this one is required. You do not have the option to decline the sobriety test at the police station.

Furthermore, admissions or statements at the time of arrest do not have to be given. You do not have to admit to any kind of drinking or even disclose that you were drinking. The arresting officer may ask you questions regarding what you were drinking, how much and what not. The law does not require that you answer these questions, and you may remain silent until you are in court and/ or have an attorney present.

It is important to know what is required of you when stopped for a DUI. An experienced California DUI attorney can help prepare a strong case based on the facts. Knowing your rights and what you may refuse to do, will help the attorney weaken the government's case and assure that you get the best possible outcome.

Anyone been arrested for a driving under the influence case is never happy to be in that circumstance. For members of our armed forces including those serving in the Marines or Navy in San Diego County face even greater challenges and potential penalties. It becomes very clear that the service, regardless of which one treats any DUI arrest very harshly, and starts its sanctions even before any court date, or prosecution by the state has begun.

Although it feels like double jeopardy, that persons in the service are punished twice, once by the military and once by the criminal justice system for the same offense, it is not. Federal jurisdiction over the military empowers it independently to punish soldiers for offenses that they commit on or off a military base. A drunk driving arrest, even prior to any court proceeding or conviction can result in a serviceman being confined to base for 2 to 3 months, have their rank reduced, have their pay cut in half, and often required to complete an alcohol education program on base.

By comparison, a civilian charged with suspicion of driving under the influence of alcohol, is considered to be innocent until that person pleads guilty, or is found guilty after a jury trial. It is only after that finding of guilt that penalties are imposed. Both military persons and civilians being convicted of a DUI are placed on summary or unsupervised probation, required to pay fines in excess of $1500, complete a minimum of 12 weeks of alcohol education and in some circumstances serve jail time.

San Diego Marine and Navy personnel arrested for a DUI may also face penalties from the Department of Motor Vehicles in the form of a driving privilege suspension. What makes this problem more challenging is that most service people in San Diego have drivers licenses issued him other states. Those individuals found to be driving with a .08% of alcohol may have their California driving privileges suspended between four months and one year after a hearing before the DMV. It should be noted that California only has jurisdiction over a person's privilege to drive in California, regardless of where that person arrested holds a drivers license. The California DMV cannot suspend any other states drivers license.

Our firm of DUI Defense Specialists has helped hundreds of local service men and women sort out and minimize the effects of a DUI arrest on those special people serving our country in the military. Consulting an attorney immediately after a DUI arrests can minimize some of the potential complications by not missing critical deadlines created by one's arrest.

An experience DUI attorney can also under most circumstances be able to appear in court on behalf of the soldier thus also avoiding further problems in the military.

For the government to create a strong DUI case against you , the case needs to have all requisite elements which create the Prima Facie case. There must be proper probable cause and a Blood Alcohol Level (BAC) that can be considered illegal under the appropriate vehicle code.

Probable cause is a complicated element. It is most commonly established by the manner in which you are caught driving. An experienced California DUI attorney has seen a plentitude of driving situations which have led to a DUI arrest and knows how to present the case so that it is most advantageous to the client. These are the benefits of hiring an attorney that not only specializes in DUI arrests, but has plenty of experience and knows how to handle each situation before the Judge.

Furthermore, there must be a BAC that is over the legal limit. Vehicle Codes 23152 and 23153 dictate the legal BAC. While the legal limit under VC 23152 (b) and 23153 (b) is set at .08%, it is possible to be charged with a lower BAC under section (a) of both sections of the Vehicle Code.

You may be arrested with a BAC of .07% and feel as if the government has no case against you, because you were under the legal limit. However, this is not the case. You may be charged under section (a) of VC 23152 or VC 23153 which provides no limit. This will be a charge recommended by the arresting officer. The case will then be sent to the prosecutor's office, and they will decide whether the case has strong merits to be taken further, or whether it will be dismissed.

An attorney who is focused on DUI defense can argue in your favor to show that a case under a BAC of .08% should be dropped. Additionally, experience will help an attorney know exactly when the elements of a DUI case have not been established and highlight the weaknesses in the government's case to the Judge. This will not only provide you with representation that you have confidence in, but also a high percentage that your case will have lower penalties, and possibly even be dismissed.

In order for the government to establish a DUI case against you they must meet all elements of a California DUI case. One of these is that the government must prove that you were driving while you had a Blood Alcohol Level (BAC) significant enough to warrant arrest. There are many different ways the prosecutor can prove driving, some situations more complicated and more difficult to prove than others.

The first, and the easiest is if you are driving and are pulled over. There are several situations in which directly caught driving will warrant for you to be pulled over and questioned in regards to a DUI. The arresting officer may pull you over for any vehicle code violation whether it is related to alcohol impairment or not. This will provide sufficient probable cause for the arresting officer to investigate for a DUI. When you are pulled over while driving and consequently investigated and arrested for a DUI, the prosecution will have no problem proving that your were driving while intoxicated.

When it isn't directly observed driving, it opens the door for more complicated arguments and perhaps a weaker case. When this is the situation, the prosecutor has to build the case circumstantially. They will have to create their case based on the surrounding facts, looking at any witnesses and statements made by the driver. If there are people who saw you driving and are willing to attest to that fact, the case becomes stronger for the prosecution. If you are found sleeping in the car at the side of the road, with the keys in the ignition and the radio on, the facts point to a strong presumption that you were driving. In contrast, if you are parked in a parking lot, sleeping in the back seat with the keys in your pocket, the government will find it more difficult to prove that you were driving and will have a weaker case.

There are innumerable situations, which create a diverse amount of arguments that can be made by both sides. An experienced attorney will know exactly how to present the facts so as to create the strongest possible case for you. Get the help you need to make sure the prosecutor will not present the facts in an unfavorable light to you, and get an attorney that will confidently weaken the government's case and present the facts to strengthen the defense.

When clients are unfortunately faced with being prosecuted for a DUI or other Criminal offense, it is not uncommon to feel overwhelmed and fearful about their rights, defenses and possible consequences they could face if they were found guilty.

The most important decision is selecting an attorney who firstly they trust, treats them with compassion and respect, And yet is completely honest. This lawyer should possess extensive experience and courtroom skill, as well as possessing long-standing relationships with judges and prosecutors which gives them a rich and deep understanding of the treacherous waters of the legal justice system.

Potential clients should be wary of attorneys who are not willing to explain their defense strategies for protecting you, but merely say 'don't worry, I'll take care of everything'.This keep you in the dark style of representation was popular many years ago in the legal community, but although still present among some attorneys, thankfully is in the minority.

Effective legal representation in DUI and Criminal cases should always be a partnership between lawyer and client. A lawyers job, and only job is to protect the best interests of the client by achieving the best results possible based upon the evidence gathered by the police, and any defenses, evidence, or witnesses the client has in their defense.

It is not unusual, that the client possesses the most valuable information possible, since frequently the client was present at the time of the alleged violation. Police officers, although theoretically are employed to protect and serve the community, are by no means a neutral as it or disinterested party. The suit comes ir observations, gathering her of evidence, and opinions can be tainted by their desire to build a case against you.

It is essential that you assist your counsel by being openand honest about everything you know about the charges against you, both favorable and not so favorable. A client should never withhold anything from his or her lawyer because of their fear, shame, or embarrassment. Lawyers are not here to judge, but to defend and protect. Keep in mind,that besides what a lawyer reads in any police report, very often the attorney is left with a certain impression of the case. It is always important for the client to provide as much information as they can to assist the legal counsel in properly evaluating and preparing your defense. This important information can often lead to dismissals,or reduced charges and penalties.

Lawyers need and appreciate information from their clients through a full and open disclosure of everything they know so they can use their skill in presenting all favorable information to the judge and/or prosecutor to obtain the best results.

A requisite element to be found guilty of and charged with a California DUI is valid probable cause. An officer has valid probable cause if he observes any Vehicle Code Violation whether it has to do with alcohol impairment or not.

Direct and blatant violations such as weaving, failing to stop at a stop sign, or an expired license, will establish probable cause as required by law. Arresting officers are trained to look for these common violations to pull someone over and issue a citation. More often than not, people are stopped for a simple violation that has nothing to do with drinking. It can be as simple as being pulled over for a broken taillight and the officer will notice symptoms of alcohol such as red watery eyes, slurred speech or odor of alcohol in the car on the person and will initiate a DUI investigation.

In contrast to direct vehicle code violations, in certain situations probable cause is not required. An exception to probable cause is during a welfare check. If you are pulled over at the side of the road, fighting with someone in your car or even if you have a flat tire, a police officer will stop to see if you need help and if you are okay. This is considered a welfare check conducted by the police officer as part of his duty to check upon the welfare of the general public. If the officer conducts a welfare check and notices that you exhibit symptoms of being intoxicated, he will also conduct a DUI investigation. In instances where you are arrested for a DUI during a welfare check, the legal requirement of probable cause is not necessary.

Similarly, any kind of accident regardless of fault will also be an exception to the legal requirement of probable cause. Probable cause is a complicated requirement and can in many ways help weaken the prosecution's case for a DUI. Additionally, it can make it a harder case to win if probable cause is not required. A Los Angeles DUI attorney who has the experience and has argued thousands of cases, each with a unique set of facts establishing probable cause will know precisely how to prepare your case so that it presents the strongest argument possible. If probable cause is weak and the legal requirement is not met, the better chances your case has of either being dismissed or given a lower sentence. Make sure you have someone on your side who understands the ins and outs of your case and who not only sees your positive qualities but assures that the Judge does too.