When a person has been arrested under the suspicion of driving under the influence in Los Angeles, officers have only gathered evidence that leads to possible charges. The information is then transferred over to the Prosecutor’s office, and Prosecutors then determine whether there is enough evidence to file charges for a DUI.
Certain factors, such as a prior DUI will greatly affect the Prosecutor’s decision on whether or not to bring charges. A prior DUI will have a significant impact on influencing a Prosecutor’s decision.
With a first time DUI, a driver must be intoxicated while driving a vehicle. Since it is difficult to determine what a level of intoxication is and leaving it arbitrary can make it difficult for law enforcers, the legislature has stated a .08 blood alcohol level as a standard. This helps provide guidance as to the intoxication of a driver. Generally if a person is borderline .08 on a first offense DUI, there is a lot of room for negotiation with Prosecutors. There are defenses and arguments to be made that a person was not intoxicated at the time they were operating the vehicle. With this “wiggle room” many times Prosecutor’s will dismiss or reduce a DUI where the blood alcohol level is close to .08.