Articles Posted in DUI

Many of our clients have been asking us regarding the Ignition Interlock Device law that went into effect on July 1, 2010. Nothing much has happened since it went into effect, leaving many people wondering how and when it would be enforced.

This law is a part of DUI law and is separate from Court order. The DMV is the one that will enforce and implement this new law. When you go to the DMV after having completed you license suspension, you will be required to install the ignition interlock device before you can receive a restricted license.

According to the law those that are convicted of a first time DUI offense will have to install the device for 5 months. Those with a second time DUI offense will install the device for 12 months, third time for 24 months and fourth time offenders for 36 months. Those with more enhanced or aggravated DUIs convicted under Vehicle Code 23153 will be required to have the device in their vehicle for a longer period of time.

Many of our clients are curious to know if a marijuana conviction would affect their car insurance.sGenerally, a marijuana conviction will only affect your car insurance if you were arrested while driving under the influence. If you are arrested for possession, then it is not likely that your car insurance rates will go up.

Any arrest that involves driving or a violation of the law while driving will result in your auto insurance rates being increased. Driving while under the possession of marijuana is a more difficult case to prove, because there is no set standard or test to determine whether someone is under the influence or not. Additionally, if you are arrested for a DUI, you are not the one responsible for notifying the DMV, the arresting officer will do it.

If you are arrested for being in possession of any type of drugs including marijuana, this may affect other aspects of your life, such as obtaining a loan, applying for jobs or higher education, but the DMV will not be concerned with it. Additionally, if you are arrested for being in possession, there may be several defenses available to you.

If you have been arrested for a DUI, you must have lots of questions and concerns as to what the correct steps would be. One of the most important is probably how it affects your auto insurance and how you must go about taking proper steps so that you are not further penalized.

You do not need to personally inform the DMV of your arrest. The arresting officer must send to the DMV the completed notice of Suspension and Revocation form, along with the confiscated license and a sworn report to the DMV. You, however, must immediately schedule a DMV hearing. The hearing must be scheduled within 10 days of your arrest date, otherwise you lose the right to a hearing and the DMV will decide the appropriate penalty for your license. You have the right to have an attorney represent you at the hearing and speak on your behalf.

The DMV will automatically conduct an administrative review. During the administrative review, the DMV will review the officer’s report, the suspension and revocation order and any test results. They will then decide if and for how long your license shall remain suspended and if you should be entitled to the use of a restricted license.

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.

The California legislature has enacted regulations to govern the actions of officers during a DUI checkpoint. Checkpoints are appearing more frequently these days in an effort for the Police Department to not only reduce the number of Drunk Drivers on the road, but to bring to the attention of the general public the consequences of a DUI. If procedures are violated by officers during a DUI arrest, your case may be dismissed.

When a DUI checkpoint is to be employed, there must be a warning given to drivers. Drivers must be put on notice prior to the checkpoint and not just stopped without knowing what the checkpoint is for. Additionally, there must be a turnout prior to the checkpoint, so that those drivers who chose not to proceed through the checkpoint do not have to. Those drivers who decide to turn around and go another route may not be stopped solely for having chosen to turn around.

The cars that are checked during the checkpoint must be in a random, impartial formula. It is permissible to stop every fifth car or so, but it would be in violation if officers stopped cars upon their choosing.sSafety conditions must be monitored at the checkpoint site, and the checkpoint must take place at a reasonable time, place and day. Finally, if detained, the length and nature of the detention must not be obtrusive.

Lately, DUI checkpoints have become more frequent and common throughout the Southern California area. LAPD has announced that they are focusing more on bringing awareness to the consequences of a DUI. This means that they are launching more DUI checkpoints and making more arrests so that the general public understands that DUI arrests and convictions will be taken more seriously, and sentenced appropriately.

The LAPD feels that by having more checkpoints and more attention given towards arresting people who are drinking and driving. The mere warning of a checkpoint and its presence deters many people from having a few glasses and getting behind the wheel. It is important to be aware of where these checkpoints are and on which nights. Many websites and through the use of Twitter now inform drivers where these checkpoints are located.

Many times a false arrest is made in a DUI checkpoint, where officers inadvertently arrest someone who cannot be found guilty of a DUI and does not have a case. There are strict guidelines and procedures officers must follow during a DUI checkpoint to make sure Fourth Amendment rights are not violated. If an officer violates one of these regulations, your case may be dismissed or reduced.

sLos Angeles DUI Attorneys are not created equally. There are vast differences in and attorneys skill, expertise, and years of experience. When you have been arrested for a drunk driving case in Los Angeles, it is essential to have the protection and representation of a highly experience DUI Attorney.

Not only do attorneys have vastly different levels of skill, there is also a wide range of legal fees being charged. In general, the least expensive lawyers, typically have the least experience. When your freedom is on the line, going for representation by an attorney with little experience is never a good idea.s

It is attorneys experience that makes the big differencesbetween and an excellent result and a so so result.sThat being said, paying a very high attorneys fee does not guarantee a dismissal either.sCarefully screening an attorney, and asking important questions, allows a potential client to develop a fuller understanding of the attorneys real level of experience in a courtroom, handling cases similar to yours.

There is a well-known expression that perception is reality… what does that mean?sThis phrase as many different applications and contexts. The scope of this blog is to try and explain that being arrested for a driving under the influence of alcohol or drugs carries with it many negative connotations. For example, the term drunk driving gives the impression that the person arrested was in fact drunk. In fact, the law does not require a driver to be drunk, but merely to be driving a motor vehicle with a .08% of alcohol in their bloodstream.

At a trial of a DUI case, prosecutors and even judges present police officers, and their statements as impartial, and unbiased parties. In fact, police officers have an agenda, and that is to build a case against a driver to support their impression that they have been violating the law by driving under the influence of alcohol or drugs. They are not neutral, and their observations are colored by their own perception, and by their own need to support their opinion that this driver has broke the law.

Clients of our lawfirm of DUI defense attorneys, frequently our surprise when we are reviewing the air police reports of their arrest, of how negatively they are portraying by their arresting officers.

Knowing when to accept a plea bargain is a very critical decision which requires analyzing objectively the prosecutors case, including any and all evidence they have, and any witnesses.

There are three possible outcomes of a DUI prosecution. The rarest is after the prosecutor in a courtroom finds an obvious error or other critical weakness in their case, theydecide to dismiss all charges. Keep in mind that prior to filing charges, a prosecutor office reviewed the entire contents of the police report and determined that there was sufficient evidence in their opinion to convict the defendant beyond a reasonable doubt.

The second is a more common scenario, where based on the merits of the case, and after a careful evaluation of both positive and negative evidence, the defense lawyer and prosecutor agree upon a reduced charge or terms of a case settlement. This process is called plea-bargaining.

Being arrested is a painful and traumatic experience. The foundation of the prosecutor’s case against you in court will rest on the accuracy of the breath or blood tests taken from you at the time of arrest. Although the relative accuracy of these tests has dramatically increased over the years as technology has soared, they certainly are subject to errors which can produce erroneous results.

The accuracy of a blood test should always be carefully evaluated by your attorney, to determine whether or not the result that was produced properly. Without scrutiny, the results of a blood test contained in an arrest report can result in a conviction based upon inaccurate evidence.

Client’s frequently ask after being arrested for drunk driving case, whether or not they made the right decision by selecting a blood test or breath test. Experts in the field, although agreeing on very little, seem to be in agreement that the blood test is the more accurate. The reason for this is that when the Sheriff’s crime lab analyzes a blood sample to determine its blood alcohol content, it is simpler to quantify a percentage of alcohol in one’s bloodstream.