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When you have been charged with the suspicion of driving under the influence of alcohol and/or drugs under California Vehicle Code §23152 or §23153, you will be given a Court date to appear before a Criminal Judge in Criminal Court.

It is also very important that you call the DMV within the right jurisdiction and request a DMV hearing within ten days of your arrest. If you do not call the DMV within ten days, you will forfeit the opportunity to have a hearing regarding your driving privileges. If you call in a timely manner, the DMV will put a stay on your license pending your hearing.

The DMV hearing is very different from the criminal court appearance. It is held in front of a DMV hearing officer, and there is no government attorney speaking on behalf of the government. It is the job of the hearing officer to not only make a decision regarding your hearing privileges, but it is also their job to defend against you on behalf of the government. Although, they are meant to be neutral, it is very difficult to win a DMV hearing.

Many of our clients assume that when a person is stopped on suspicion for driving under the influence, that it is under the influence of alcohol. In reality, a DUI is charged under California Vehicle Code §23152, and 23153. The statute reads

” (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

The relevant code section specifically makes it unlawful to be driving under the influence of any drug, not just alcohol. This means that a person who is under the influence of marijuana, methamphetamines, and other drugs, including prescription drugs, may be found guilty of a DUI, even if they have not had any alcohol at all.

Contrary to popular belief,sa field sobriety test is not always mandatory in a DUI arrest. The field sobriety test is the blood alcohol test that is required by officers at the scene of the DUI stop. They will often ask if you will blow in a breathalyzer so that they can get a reading on your BAC. Oftentimes many people refuse this test, and there are no consequences for doing so. It is not required, and may give officers additional evidence against you. However, any BAC test administered at the station are recommended to be taken.

Nevertheless, there are some situations in which the field sobriety test maysbe a good idea to take. One such incident is when there may be a rising alcohol defense. The rising alcohol defense is a defense that may be raised by your Southern California criminal attorney that may result in a reduction or dismissal of the charges being brought against you.

A person must be intoxicated at the time they are operating a vehicle for them to be arrested and convicted for driving under the influence. A rising alcohol defense implies that at the time the person was driving, or got behind the wheel, they were not intoxicated. The general assumption is that when a person first starts drinking, the alcohol has not entered their blood stream, and they are not yet intoxicated. They gradually become intoxicated as time passes. Many different factors will also influence how quickly a person becomes intoxicated including metabolism, gender, diet, and tolerance.sSo then, there may be situations in which the person that is driving is not yet intoxicated,sbut may be an hour from ingesting the first drink.

Many different facts and circumstances help determine the outcome of a person’s driving under the influence case. When you have been charged under California Penal Code §23152, or 23153, one of the most influential pieces of evidence will be your blood alcohol level, or BAC.

When a person has been arrested or stopped on suspicion of a DUI, they will be asked to submit to a field sobriety test. This test is administered on the field and contrary to popular belief, is not mandatory. In contrast, if the person is taken into custody, a second blood alcohol test will be given at the station. This second test is in fact mandatory, and refusing to take the test can result in harsher potential consequences.

The blood alcohol content can be measured either by taking blood, or through breath. Each has its pros and cons and the ultimate decision of which one is taken is determined by the person being charged.

Many of our clients are curious as to how an experienced Los Angeles DUI Lawyer can defend a refusal case. A refusal case is one in which the drive has refused to take a blood alcohol test and therefore, the prosecutors have no evidence as to the percentage of their blood alcohol.

To understand how a refusal case is defended, it is first important to understand what a DUI refusal is. When a person has been stopped on suspicion of driving under the influence, officers are required to have probable cause to ask the drive to submit to a blood alcohol test. This test is referred to the preliminary blood alcohol test and is not mandatory. A driver may elect to decline a blood or breath test at this point, with no penalty to him or her.

Officers must also have probable cause to ask the driver to submit to this preliminary test. This means that an officer cannot simply ask you to take a test because he has a “feeling” that you might have been drinking. There has to be valid observations and evidence that will support the officer’s assumption. The most common way officer’s obtain this probable cause is by simply asking the driver of he or she has had anything to drink. Wanting to be cooperative, most driver’s will answer in the affirmative and specify the amount of alcohol they have consumed and when. This gives the officer’s probable cause.

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.

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.

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.

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.

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.

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