Los Angeles DUI Lawyer Blog

Articles Posted in Criminal Defense

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For the government to create a strong DUI case against you , the case needs to have all requisite elements which create the Prima Facie case. There must be proper probable cause and a Blood Alcohol Level (BAC) that can be considered illegal under the appropriate vehicle code.

Probable cause is a complicated element. It is most commonly established by the manner in which you are caught driving. An experienced California DUI attorney has seen a plentitude of driving situations which have led to a DUI arrest and knows how to present the case so that it is most advantageous to the client. These are the benefits of hiring an attorney that not only specializes in DUI arrests, but has plenty of experience and knows how to handle each situation before the Judge.

Furthermore, there must be a BAC that is over the legal limit. Vehicle Codes 23152 and 23153 dictate the legal BAC. While the legal limit under VC 23152 (b) and 23153 (b) is set at .08%, it is possible to be charged with a lower BAC under section (a) of both sections of the Vehicle Code.s

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In order for the government to establish a DUI case against you they must meet all elements of a California DUI case.sOne of these is that the government must prove that you were driving while you had a Blood Alcohol Level (BAC) significant enough to warrant arrest.sThere are many different ways the prosecutor can prove driving, some situations more complicated and more difficult to prove than others.

The first, and the easiest is if you are driving and are pulled over. There are several situations in which directly caught driving will warrant for you to be pulled over and questioned in regards to a DUI.sThe arresting officer may pull you over for any vehicle code violation whether it is related to alcohol impairment or not. This will provide sufficient probable cause for the arresting officer to investigate for a DUI. When you are pulled over while driving and consequently investigated and arrested for a DUI, the prosecution will have no problem proving that your were driving while intoxicated.

When it isn’t directly observed driving, it opens the door for more complicated arguments and perhaps a weaker case.sWhen this is the situation, the prosecutor has to build the case circumstantially. They will have to create their case based on the surrounding facts, looking at any witnesses and statements made by the driver.sIf there are people who saw you driving and are willing to attest to that fact, the case becomes stronger for the prosecution. If you are found sleeping in the car at the side of the road, with the keys in the ignition and the radio on, the facts point to a strong presumption that you were driving. In contrast, if you are parked insa parking lot, sleeping in the back seat with the keys in your pocket, the government will find it more difficult to prove that you were driving and will have a weaker case.

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When clients are unfortunately faced with being prosecuted for a DUI or other Criminal offense, it is not uncommon to feel overwhelmed and fearful about their rights, defenses and possible consequences they could face if they were found guilty.

The most important decision is selecting an attorney who firstly they trust, treats them with compassion and respect, And yet is completely honest. This lawyer should possess extensive experience and courtroom skill, as well as possessing long-standing relationships with judges and prosecutors which gives them a rich and deep understanding of the treacherous waters of the legal justice system.

Potential clients should be wary of attorneys who are not willing to explain their defense strategies for protecting you, but merely say ‘don’t worry, I’ll take care of everything’.This keep you in the dark style of representation was popular many years ago in the legal community, but although still present among some attorneys, thankfully is in the minority.

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The purpose of this article is solely to discuss effective techniques and alternatives to anyone having to be incarcerated for any length of time, if at all possible to avoid. This article offers a number of practical tips for those people in legal trouble and is certainly not designed or intended to discuss the facts or circumstances of a DUI or Criminal case, or any defenses that may prevent a client from being guilty or convicted of any charge.

It is not uncommon in DUI or Criminal cases for a prosecutor to seek a range of different consequences including summary or formal probation, fines, community service, alcohol programs, and jail time. For over 30 years our law firm has represented clients facing these potential consequence. Without a doubt the biggest concern for all our clients is staying out of jail. Therefore, our biggest concern is fighting to protect our clients freedom from jail by the use of alternatives like Caltrans, community service,selectronic surveillance, and even private city jail facilities.

Once retained, it is critical that your attorney carefully evaluate the strengths and weaknesses of the facts the prosecutor plans on using against you, versus any defenses including witnesses, you have which would establish a strong defense of your innocence.

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The California Legislature has directed courts to follow sentencing guidelines for any person charged and convicted of a DUI.sJudges and Prosecutors have a broad range of guidelines and penalties for a DUI case. The Prosecutors will consider several factors and will make an offer to the Judge. The Judge has the discretion to accept or deny any plea bargain presented by the Prosecutor and the Defense lawyer.

One of the things prosecution will consider in creating their plea bargain is the general facts surrounding the case.sProsecution will consider in which manner you were stopped. Were you a driver that was stopped on the side of the road and sleeping? Were you pulled over on the freeway, or were you in a parking lot? Did the officer have to pull you over because you were speeding or weaving? Did you fail to stop at a stop sign? Were you involved in an accident? Many of these factors will also tie in to a discussion about probable cause. That is, did the officer have probable cause to pull you over, or if you were already pulled over, to administer a test to detect the presence of alcohol? A skilled defense attorney can scrutinize whether or not the statements of probable cause contained in an arrest report are sufficient to meet the legal standards required by law. In that consideration, a careful review of your police report along with an evaluation of the driver’s opinion whether the statements made by the officer accurately reflect what happened.

The Prosecutor and the Judge will take into account any prior criminal offenses.sThey will consider previous DUI convictions and take into account their location and date. Your criminal record will only be considered ten years prior to the current conviction. Consequently, someone who has been charged with 2 DUIs in the past month will be sentenced on the harsher end of the spectrum than someone who is being convicted of their first DUI.

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Penalties for a DUI conviction can range from fines to jail time. The final sentence will depend on a number of different elements that a prosecutor has available to penalize people charged with driving under the Influence. These include probation, fines, different alcohol programs, Cal Trans ( trash clean up) and jail time.sfactors, and therefore it is difficult to ascertain a specific formula as to which sentence will be given.

Clients often overgeneralize about the penalities for a DUI arrest and believe there is a set penalty for a DUI case, however this is not the case. DUI sentencing laws are written in ranges of potential consequences. Although there are certain minimum penalties set by law if one is convicted, skilled defense lawyers can often minimize the harshness of great punishments

Fines will range from $390 to $1,000 plus penalty assessment. The penalty assessment will triple the fine as a result of court costs and taxes. Consequently, the more accurate range including all costs is from $1,500 to $4,500.

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When charged with a DUI in the state of California, it is very important that you know what defense options are available to you and the best way to discover what these defense options are is to hire a criminal defense law firm to represent you during your court hearings.sCriminal defense attorneys in the state of California argue thousands of California DUI cases each year and understand the methods and procedures used to prepare an effective DUI defense.sBecause DUI defense is a complex field, involving scientific issues, administrative laws, and various criminal penalties, criminal defense attorneys are considered to be most experienced attorneys to handle these types of cases.

One defense option that may be feasible in certain California DUI cases is calling into question the validity of chemical testing in the case.sMany people do not realize that there is a potential for errors and false readings using the testing techniques that are common in most California drunk driving cases.sThese testing methods are highly sensitive to a number of different elements and if any of these elements are present when a person is being tested, then the accuracy of the entire test can be disputed.sWithout this evidence, it is difficult to obtain a conviction for a California DUI.

Another defense option used in California DUI cases is to question the observation evidence submitted by the arresting officer in the case.sThis evidence often includes descriptions of observed driving violations, personal observations about the person’s behavior, and the results of any field sobriety tests issued.sBecause these tests are not given uniformly and the results are subject to interpretation, a skilled criminal defense attorney may be able to have this evidence dismissed from consideration during the trial.sThere are a number of different defense options that a criminal defense law firm can use to get California DUI charges reduced and a skilled criminal defense attorney is your best chance for the effective defense of your case.