Los Angeles DUI Lawyer Blog

Blood Alcohol Level in a Los Angeles DUI Case

September 14, 2017 | Ronald N. Hoffman

California Vehicle Code §23152 makes it unlawful to operate a vehicle while under the influence of alcohol, drugs, or both. In general, a person is said to be impaired if their blood alcohol level is a .08 or over. The blood alcohol level is measured through the use of blood alcohol tests, which were taken through the use of a breathalyzer, blood tests or urine test. The blood alcohol level of .08 is just a standard, and will vary under different circumstances.

The statute states under (a) and (b) that a person may not drive under the influence of alcohol with a blood alcohol level over .08. But under other sections of the statute, the person need only be higher than a .04 blood alcohol level to be found too impaired to operate a vehicle. These statutes apply when the driver is operating an Uber, or a taxi, (Section (e)) as well as commercial vehicles (Section (d)).

Section (f) makes it unlawful to operate a vehicle while under the influence of drugs and Section (g) makes it unlawful for a person to operate a vehicle under the influence of both alcohol and drugs. Drugs are harder to assess at an arrest or traffic stop than the use of alcohol alone.

The Benefits of Having an Experienced Los Angeles Criminal Attorney Analyze the Facts of your DUI Case

August 24, 2017 | Ronald N. Hoffman

If you have been arrested for a Los Angeles DUI, the best thing you could do for yourself is to retain a Los Angeles DUI attorney as soon as possible. An experienced attorney will look for the factual and evidentiary weaknesses in your case so that they can help prepare the best possible defense for you.

The first place a legal professional would start is with the police report that is prepared by the arresting officers. Officers need probable cause to stop a person, it cannot be a random stop. There has to be a valid reason that the person was stopped. For example, the person may have run a red light, or they may have been weaving in and out of traffic.

Officers make this stop based on their own observations. Sometimes the probable cause is strong and there is not much room for argument, but sometimes it is subjective and leaves room for weakness. Let’s say that a person was stopped for weaving in and out of lanes. Was the weaving blatantly apparent, slight and subtle? This will depend on how the officer interpreted it, and how the officer interpreted it may not be strong enough to support probable cause. On the other hand, if the probable cause is something like running a red light, there may not be much room for weakness and the officer will be able to support the requirement of probable cause.

Do the Courts or the DMV Issue a License Suspension Following a Los Angeles DUI Arrest?

June 15, 2017 | Ronald N. Hoffman

The Los Angeles Criminal Courts and the Los Angeles Department of Motor Vehicles (DMV) are two completely separate entities. Each has their own restrictions on issuing consequences of a DUI arrest, and each follows their own standards and procedures. Reducing or dismissing your DUI charges in a criminal court will not lead to a dismissal of consequences from the DMV. The entities do not have an influence on each other.

The Courts can issue only certain types of sentences. They can issue jail time, fines, probation, community service and rehabilitation education, however they have no authority over the suspending or revocation of your driving privileges. Similarly, the DMV cannot issue jail time, probation, or other sentences issued by the Courts, they can only suspend or revoke your driving privileges.

The DMV has the authority to suspend or revoke driving privileges if two elements are met:

The Benefits of Hiring a Los Angeles DUI Lawyer to handle your Los Angeles DUI

June 8, 2017 | Ronald N. Hoffman

If you have been arrested for suspicion of driving under the influence, you have not yet been charged or convicted. This is a very important distinction. When you are arrested, it is only because officers believe there may be enough evidence to find you guilty of what they are charging you with. The case is then forwarded to prosecutors who will review the evidence and make a determination as to whether there really is enough to bring a formal case against you. The first priority of a Los Angeles DUI lawyer is to demonstrate that there is not enough evidence to formally bring a case against you. That is why the earlier you hire a Criminal Lawyer to defend you, the quicker they can get to work and fight to drop the charges before they are even made.

With an attorney on your side, they can act swiftly to contact the arresting police department and speak to the officer about the evidence they have against you. They can gather information efficiently and quickly because they know the officers and are familiar with the police department. But more importantly, the police department has a good working relationship with the attorney and so they are more willing to cooperate and work with the attorney in getting them the information they need.

With the evidence in hand, the attorney can then do a thorough review of what happened the night of the arrest and why the officer believes there is enough to charge you with a formal DUI. The attorney will find holes in the legal process and weaknesses in the arguments that prosecutors can potentially make.

Attacking Probable Cause in a Los Angeles DUI Case

April 20, 2017 | Ronald N. Hoffman

If you have been stopped for suspicion of driving under the influence of alcohol or drugs, there are certain things you need to be aware of. In order for an officer to arrest you for suspicion of driving under the influence of alcohol or drugs, or to even stop and question you regarding possible intoxication, an officer has to have probable cause. Probable cause means that the officer must have a valid, legal reason to stop you before questioning you or checking for observation.

There are only two exceptions in which an officer does not need probable cause to question you regarding intoxication; when they are conducting a DUI checkpoint, and when they are doing a welfare stop.

This probable cause requirement is an important element to a DUI case, because if officers have not met their burden of probable cause, then the case may be reduced or even dismissed. A Los Angeles DUI Lawyer has extensive experience with DUI cases, and can review the facts of the case in detail. A thorough analysis gives the lawyer an understanding of the strengths and weaknesses of the case and allows them to prepare the best possible argument for their client.

Does my Prior DUI Have an Effect on Current DUI Charges?

December 29, 2016 | Ronald N. Hoffman

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.

Can I get Charged with a Los Angeles DUI Without Having Consumed Any Alcohol?

December 8, 2016 | Ronald N. Hoffman

Many of our clients mistakenly believe that a person can only be charged with driving under the influence if a person is intoxicated by consuming alcohol. This is not true at all. A person can be charged with a DUI in Los Angeles without ever having consumed a single drop of alcohol.

A person who is charged with a DUI is charged under California Vehicle Code §23152 or California Vehicle Code §23153. California Vehicle Code §23152 is the statute a person is charged under when the charge is a misdemeanor. Section (a) under §23152 refers specifically to driving under the influence of alcohol. However, section (f) refers to driving under the influence of drugs, and (g) states that it is “unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle”.

This means that any type of drugs, including prescription drugs, can lead to a DUI conviction. Let’s consider an example.

Failed Sobriety Test in a Los Angeles DUI Case

November 17, 2016 | Ronald N. Hoffman

If you have been charged with a DUI, you were likely arrested after having submitted to some blood alcohol tests. One such test that many people submit themselves to during a arrest, is a field sobriety test. However, a field sobriety test is a poor indicator of intoxication and many people fail it.

In order to understand the role of a field sobriety test in a DUI arrest, let’s take a step back and walk through an arrest.

Donny is driving home from a birthday party and had a beer and nothing more. He has not slept well the night before and is tired and decides to call it an early night. A beer does not cause Donny, who is 6’2” and 170 pounds to be intoxicated. On his way home, he makes a right turn at a red light without stopping. This is grounds for officers to stop Donny, since he is in violation of traffic laws. Donny is stopped and officers smell beer on his breath from the one beer that he had.

Multiple Charges Arising out of a Los Angeles DUI Charge

November 3, 2016 | Ronald N. Hoffman

If you have been charged with a Los Angeles DUI, it does not mean that you cannot be charged with anything else. Many charges can arise out of one specific incident, resulting in multiple charges against you and multiple cases.

The best way to understand this process is to walk through an example. Dina has been at a friend’s house for a party. At the party she has consumed several alcoholic drinks, and used some methamphetamine with her friends. Dina is also the one that has provided the drugs and the paraphernalia at the party.

When she is driving home, she runs a stop sign. Officers stop her for the traffic violation, and notice a strong odor of alcohol and red watery eyes. In addition, her mannerisms are eradicated and she seems intoxicated. Officers ask Dina to submit to a field sobriety test, which she does and fails. They also ask her to take a blood alcohol test, which she does and is promptly arrested.

Can I get a Plea Bargain in a Los Angeles DUI Case?

October 14, 2016 | Ronald N. Hoffman

If you are facing charges for driving under the suspicion of driving under the influence, there are two different ways you can be convicted. One, you would voluntarily enter a plea of guilty in court, or you would be found guilty by a jury.

At the very first appearance in Court you will be offered a plea bargain. This is an offer for what is believed to be a lower sentence if you plead guilty on that day. The potential consequences for a first time DUI offense include the following:

3 to 5 years probation