Los Angeles DUI Lawyer Blog
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TIPS TO AVOID MISTAKES AFTER A HIT & RUN ACCIDENT

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If you have been arrested for suspicion of driving under the influence of alcohol and/or drugs, you have not yet been found guilty by the Court of law. This means that it has not yet gone on your record, and it will not unless Prosecutors can show that all of the elements of a DUI have been met beyond a reasonable doubt. There are two elements in a DUI; 1) the driver must be intoxicated and 2) the driver must be operating a vehicle. If both elements are not met, beyond a reasonable doubt, then the person cannot be found guilty.

There are a few ways a DUI case can play out. You can either enter a plea or be found either guilty or not guilty through trial. Lets consider the following factual hypothetical background, and then discuss the two different options a case can have.

Dina is driving home from a friend’s birthday party. She has had two beers and has smoked marijuana with her friends. On her way home, she runs a red light and is immediately stopped by officers. Officers ask if she has been drinking, to which Dina replies that she has, but has only had two beers. She also submits to a breathalyzer test, and blows a .10 BAC. She is arrested, and taken into custody.

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Under California Vehicle Code §23152, it is unlawful to be operating vehicle while under the influence of drugs, alcohol or both. In order for a person to be charged, prosecutors simply have to have reason to believe that a person is guilty of driving under the influence. However, for a person to be convicted of a DUI, prosecutors must prove, beyond a reasonable doubt, that the person being charged was not only driving, but was also intoxicated at the time he or she was driving. Both elements must be present, if there is only one, then the person cannot be found guilty of a DUI.

It is easier to demonstrate in a court of law that a person is under the influence of alcohol while operating a vehicle, than it is to prove the influence of other drugs. Alcohol can easily be tested for, and detected in a bloodstream. This is why when officers believe a driver is under the influence of alcohol, they will administer a breathalyzer test, or a blood test. The test will often provide accurate results as to the amount of alcohol in a person’s blood stream. Based on date, the legislature has even been able to quantify the amount that would qualify as intoxicated.

The use of drugs, specifically marijuana, is a lot harder to demonstrate as a blood test or breathalyzer will not provide an accurate calculation of intoxication. Even if there is marijuana present in a person’s system, it could have been from a day before, and the person may not be under the influence.

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When a person has been charge with drinking under the influence in a Los Angeles DUI Case , they will be given a date to appear in Court. This date is their arraignment. At the arraignment, the person’s rights will be read, the charges against them, and the potential consequences they may face. At the arraignment, they will also be given a plea bargain. A plea bargain is an offer made by prosecutors. If you accept the offer that day, you will plead guilty, and the case will be concluded.

The purpose of a plea bargain is to offer a set sentence, that may be lower than what a person could have gotten at Trial. This allows the person to know exactly what they are facing, rather than take the chance in Court. This seems like a great deal, however, it may not be if the person accepting the plea does not know if the offer is a good one.

Let’s consider an example. David has been charged with driving under the influence. He does not want to deal with the whole ordeal and case. He wants it to be over as soon as possible. He appears at the arraignment without an attorney. He has no criminal record, and his blood alcohol level is .09. He failed to stop at a stop sign and was pulled over and asked to submit to a field sobriety test. He was compliant and offered officers all the information that they needed.

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There are many different defenses to a Driving Under the Influence Case. If the facts of your case allow for a strong defense, there is a good probability that you will get your case reduced or dismissed. One such defense is that of the Raising Alcohol Defense.

The raising alcohol defense, simply put, argues that your blood alcohol content rose after you had been driving, implying that your BAC was under the legal limit when you were actually driving.

Let’s consider an example. Donny is going out to a local bar with his friends. All his friends have come over to his apartment, and his plan is to drive to the bar and take a cab back home later on that night. Just as they are leaving his apartment, Donny takes a few shots with his friends, and they head out to the bar. The alcohol has not yet been absorbed by Donny’s bloodstream. As he is driving there, he is feeling fine, and does not feel as if he is intoxicated. Pulling into the bar, Donny makes a right at a red light without stopping and is pulled over by officers. Officers ask Donny if he has been drinking, to which Donny replies truthfully that he has. He is asked to submit to a field sobriety test at the site, to which he agrees. The BAC at the site is .03. Officers take him into custody, and about an hour and a half later Donny is asked to submit to a breathalyzer at the station. This test is not optional, so Donny does not have a choice to refuse. Refusing could result in additional consequences. Donny submits to the test and his BAC is .1. Even though he has not had any additional drinks, the alcohol is now absorbed and impairing Donny.

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One set of facts, or incident, can give rise to an innumerable amount of charges. Many people believe that it will be one charge, with additional consequences. That is not the case. If you have been stopped for suspicion of driving under the influence, you could potentially also be charged with a probation violation, if you were on probation at the time.

The best way to understand this concept is through a detailed example.

Some time last year, Don was driving home from a friend’s birthday party. He had have a few drinks and was stopped for suspicion of driving under the influence of alcohol. Don was very stressed out about his case, and did not have a lot of money to spend on a lawyer. On his arraignment date, the prosecutor offered to conclude Don’s case that day if he pled guilty. They offered him no jail time, just a fine, and three years of probation. Don immediately took the deal. He wanted his case to be over with so he could move on and stop worrying about it.

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Getting arrested for a DUI is a traumatic and difficult time. Many people are very eager to get the case completed and will take a plea bargain or offer to get the case completed as soon as possible. This leads to quick, uninformed decisions. Many times it is advisable to wait and seek the counsel of a Los Angeles DUI Lawyer before entering any type of plea in your DUI case. Entering a plea right away may quickly conclude the case, but the consequences you suffer may linger for quite some time.

Reporting

If you have been convicted for a DUI, it will likely be nothing less than a misdemeanor. This means it will be on your record as a felony or misdemeanor. When you apply to educational institutions, or to take certification or board exams, you will have to list your conviction and explain the situation on your application. It is the same process for when you apply to jobs. The employer will ask you if you have been convicted of any criminal offenses and you will have to state your conviction.

Probation

Generally with a first time DUI offense, you are looking at three years of summary probation. You will be on probation for three years. Any criminal offense during the time period you are on probation will be an additional offense, that of probation violation.

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Proposition 47 went into effect on November 5, 2014. It drastically reduces felony cases to misdemeanors when requisite conditions are met. Essentially the proposition reduces the class for certain offenses and allows the offenses to be charged as misdemeanors whereas it would otherwise be a felony.

The purpose and goal behind Proposition 47 is to save funds and direct them towards more community enriching activities like education. Proposition 47 is not an automatic application to all cases, it is specific to each case. People who have previous criminal records, may not qualify. Especially those cases in which there are prior rape, gun or sexual offenses. The court will take all facts concerning a person’s previous criminal history as well as facts of the current case before determining if they will qualify for a reduction under Proposition 47.

In addition, Proposition 47 is retroactive. This means that if someone is currently serving a sentence for an offense that qualifies under Proposition 47, then their case can be reevaluated and a new sentence given.

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If you have been arrested for suspicion for driving under the influence, chances are you were also issued a notice to schedule a DMV hearing within ten days. This is a very important deadline and should not be missed. If you miss the deadline, you give up your right to a hearing regarding your driving privileges. Your license will automatically be suspended.

The DMV hearing is a separate case and hearing from the criminal case that will be heard in the criminal courts. It is an administrative hearing. The findings made in a criminal case will not have a bearing on the case before the DMV and vice versa.

This is very important because it implies that you must present strong arguments and cases for both the criminal court and DMV. It will not be shifted over from one case to another, and the ruling from one case will not impact the other.

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When you have been arrested for suspicion of driving under the influence, you will be given a citation. The citation will state the courthouse and the date upon which you must appear. This first appearance is called an Arraignment. Several things will happen at the Arraignment. Each of these things are very important, and it is highly recommended that you have a Los Angeles DUI Lawyer present so that you have the right advice and support in any of the decisions you make.

  1. Offered a Plea Bargain

What is a plea bargain? A plea bargain is essentially an offer made by the Prosecution. Sometimes the offer is a reasonable one, and in your best interest. However, on other occasions it is one that you must pass on and move forward to the Pre Trial appearance, which is the next court appearance. Unless you are a legal expert with thirty years of experience, as well as knowledge of the Judges, and courthouse, it is very difficult to determine whether an offer is a good one or not. Let’s consider an example.

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When you have been arrested for suspicion of a Los Angeles DUI, officers will ask you to take a field sobriety test at the scene of the arrest. This test is not mandatory, and is voluntary. This means that you do not have to submit to it, and there are no consequences. However, if you are arrested, you will be required to take one at the station. This test can be a breath test, or a blood test. There used to also be a urine test option but that is no longer the case.

Oftentimes people do not want to take the breath test and opt for the blood test. For example, they may have asthma and are unable to blow hard enough into the breathalyzer machine. If they opt for the blood test, then those results will be provided in two weeks.

However, in certain situations people refuse to take either test. They may have a fear of needles, or they may simply not agree to submit to a test. If you refuse to take either test, it could be categorized as a refusal, and a refusal will be considered an aggravating factor when and if you are sentenced for a DUI. This means that the sentence will be on the higher end of the range, or will have added sentencing because of the refusal or take a test. It is viewed as being uncooperative.

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