Los Angeles DUI Lawyer Blog

Police officers are always right... wrong! At Hoffman and Associates, our law firm has successfully defended thousands of driving under the influence cases. One of our effective strategies is to attack and challenge the credibility of the officers observations, statements and conclusions being used against our clients.

You may be unlucky enough to have been stopped by the police for allegedly committing a vehicle code violation, but it is not necessarily true. The main thrust of an officer's education at the Academy is how to build a case against suspected violators. Officers are taught from the beginning that they must always justify and build a case.

One of the major areas of challenging the officers observations is to point out to the prosecutor, judge or jury, that although the officer will testify from the witness stand, or by the statements in police reports, that his credibility must be established like any other witness, despite the fact that he is a police officer.

Prosecutors, like police officers, like to act like these observations are completely objective, and accurate without question. Nothing is further from the truth. An officers observations and conclusions are really nothing more than subjective. The difference is very significant. Clearly subjective opinions by all people, including police officers, must be considered by looking at their personal influence that could motivate anyone to color their opinion. These types of statements he are much more susceptible to error.

An example of these concepts is the fact that in defending thousands of drivers stopped on suspicion of driving under the influence, I have rarely ever seen an arrest report where the driver successfully passed all of these coordination or field sobriety tests. Since the officer has probably never met the suspected driver before the night of the arrest, she has no idea of that persons coordination or ability without any alcohol to compare his coordination at the time of his stop.

Considering the diversity in alleged DUI drivers performance on different field sobriety tests, why is there a common and universal type language, used in almost all police reports. Slurred speech, red watery bloodshot eyes is always present.

Showing the similarity of the officer's statements in a majority of his arrest attack the accuracy of his observations and erodes the credibility of the officers testimony. It is essential that you or your legal counsel carefully scrutinize the accuracy of this critical evidence being presented against you.

Over twenty years ago the legal determination of when a person was found to be drunk in excess of the legal amount was based on impairment. That however, is not the case anymore. Modern DUI law uses an objective amount of Blood Alcohol Level (BAC) to determine when a person is excessively drunk and in violation of the law.

Too often the mistake that many people make is to assume that they are not impaired and are able to drive after having a few drinks. This is the first decisions that leads to a DUI arrest and in many cases a conviction.

If a person was found to be unable to walk a straight line, or bring themselves to focus, they would be arrested for a potential DUI conviction. Now the law has changed and is based on a model that relies on a presumptive number. Through the use of a sobriety test, authorities will conclude if you are in violation of DUI law if your BAC is .08% or over. There is no requirement of impairment. Furthermore, prosecution has no duty to prove that you were impaired, only that your BAC was over .08%.

We encourage people to understand this crucial distinction. You may feel as if you are in complete control of your senses and are not the least bit impaired, but your BAC can still register over .08% and found to be in violation of the law.

An experienced Los Angeles DUI attorney has handled thousands of cases in which the defendant was not feeling the least bit impaired but was found with a BAC over .08% and consequently charged with a DUI. A powerful argument from a knowledgeable attorney will ensure that the judge understands your lack of impairment despite the BAC. Take precautionary steps to ensure that your freedom is protected and remember that even if you do not feel impaired you may still be charged with a DUI in the state of California.

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.

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.

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.

While the laws in California typically prohibit the use of alcohol and illegal substances like marijuana and cocaine, other drugs can get you arrested too.

The determining factor with illegal or even perscription medication, is if the drug has created sufficient effect to create impairment in the driver's ability to safely operate a motor vehicle. Frequently, clients are arrested for being under the influence of Vicodin, anti-anxiety or depression medication. This is true whether or not the person taking the drugs has a valid prescription, or has obtained these use popular street drugs unlawfully. The majority of these medications usually have warnings regarding the potential effects of these drugs on their bottles.

Even over-the-counter cold medications like NyQuil can cause impairment in coordination and other motor skills required for driving due to their high alcohol content. My clients, although rarely intentionally taking these medications to become inpaired, often find themselves arrested for driving under the influence of drugs. Increased impairment is
frequently made worse through the combination of alcohol and these over-the-counter or prescribed medications.

Recently,the courts are seeing a steadily increasing amount of prescription drug/alcohol inpaired driving under the influence cases as they are commonly called in the courts. These cases are often viewed more seriously than straight alcohol cases,especially if the drugs are illegal.

Extreme caution should be usedl when driving after taking any doctors prescribed medication,including over the counter drugs or other drug. Unfortunately, proper, lawful and otherwise appropriate use of these medications, even when following doctors orders can result in arrest if an officer feels that the drivers ability to safely operate a motor vehicle is compromised.

People should be aware that eventhough the consequences of a regular alcohol related DUI are substantial, drug or drug/alcohol combination DUI'S are are often sentenced more harshly than other types of DUI cases. Everyone should be extra careful when taking any prescription medication or drug of the often unpredictable effects of these drugs on safe driving.