Articles Posted in DUI

The standard procedure for a Los Angeles DUI stop follows a specific set of steps that the police officer will use to determine whether the person that they have stopped is under the influence of alcohol and/or drugs.sThe first step in the procedure is driving observation, which is often what brings the police officer’s attention to a specific vehicle.sDuring the driving observation, the police officer may notice actions such as weaving, erratic braking, or swerving that leads them to believe that the driver is driving under the influence of an intoxicating substance and warrants stopping the vehicle for further investigation.

When a police officer stops an individual for a California DUI, they pay very close attention to the person’s mannerisms and physical appearance for additional signs that the person may be driving under the influence.sThese include an odor of alcohol on the person, slurred speech, flushing, or impaired coordination, among other signs.sIf any of these signs are present, the police officer will ask the person to perform a few field sobriety tests to confirm their suspicions.

If the person fails the field sobriety tests or give the police officer any further reason to suspect a California DUI, the person will be placed under arrest and transported to a secure location for blood-alcohol testing.sDepending on the results of the blood-alcohol testing, the police officer will charge the person with the crimes that they have allegedly committed.sAfter being informed of the charges, the person may choose to hire a criminal defense attorney to argue their case in court to get the charges against them reduced or dismissed.sThe majority of Los Angeles DUI stops follow these steps exactly and knowing what to expect during a California DUI stop will reduce the risk that you will err through ignorance and make the situation worse than it should be.

One of the questions asked most often regarding a DUI charge in California is whether a San Diego criminal defense attorney can get DUI charges reduced.sThe criminal defense attorneys that handle DUI cases in California often defend more than 100 DUI cases per year, giving them a wealth of experience in how to best argue your case for a reduction of charges.sAlthough there is no guarantee that the criminal defense attorney will be able to get the DUI charges dismissed, there is a great chance that they will be able to get the charges and penalties reduced by a significant amount by arguing your case effectively.

California drunk driving laws allow the judge to exercise a considerable amount of discretion when it comes to sentencing for a DUI conviction.sFor example, the recommended jail sentence for a first time DUI conviction ranges from 4 days to 6 months.sHaving a San Diego criminal defense attorney arguing your case in front of the judge increases the chances that the judge will be persuaded to hand down a lighter sentence.sCriminal defense attorneys are skilled in the presentation of evidence and the explanation of extenuating circumstances to reduce the apparent severity of a DUI arrest.

In some cases, criminal defense attorneys have been able to successfully argue against the reliability of certain tests that are commonly used by police officers in the field to determine the sobriety of an individual during a DUI arrest.sField sobriety tests, chemical testing, and breathalyzer machines do not always produce accurate results and if the attorney is able to shed doubt on the validity of the testing used to justify the DUI charges, then the charges may be reduced or dismissed by the judge presiding over the case.sThere are a number of different methods that can be used to get California DUI charges reduced and a good San Diego criminal defense attorney will know all of them.

Drunk driving and driving under the influence cases are becoming the most common offenses in the court system today, with thousands of individuals in the state of California being charged with these offenses every year.sAlthough what happens during the traffic stop that resulted in the California DUI charge dictates what charges are ultimately brought against you, what happens after a California DUI charge is just as critical to the eventual outcome of the situation.sIt is important for you to know what your options are for minimizing the impact of a California drunk driving charge on your life.

The first thing that you should do after a California DUI is to contact a criminal defense attorney that specializes in California DUI defense.sThese attorneys handle hundreds of DUI cases every year and are your best resource for exploring your options for defending yourself against the DUI charges levied against you.sBecause the evidentiary and procedural aspects of DUI defense have become complex over the last decade, it is recommended that you choose an experienced DUI defense lawyer to ensure an effective defense.

During the trial to determine whether a DUI conviction is warranted, the judge will review the evidence in the case, including the results of any field sobriety tests issued during the original traffic stop, statements from the arresting officer, the results of any breath or chemical testing, and whether there were any special circumstances surrounding the arrest.sThe criminal defense lawyer will have a chance to speak on your behalf and offer any evidence that could reduce or dismiss the charges against you.sIf the judge determines that a conviction is warranted, then they will issue the judgment along with the penalties that are required by law after a conviction for a California DUI.

If you are a driver in the state of California, it is very important for you to know and understand California drunk driving laws.sAlthough many of the laws on the books in California follow federal guidelines and are similar to the drunk driving laws of other states, it is important to know what the laws in California are instead of assuming that all drunk driving laws are the same.

Under California drunk driving laws, a person is considered to be under the influence of alcohol if the alcohol content of their breath or blood is higher than 0.08%.sThe measurement of the alcohol content can be done by using a breathalyzer machine or a simple chemical test to determine the person’s level of intoxication.sIn nearly all cases, these tests are performed after the person has failed several field sobriety tests and have been transported to a specific, police-controlled location for testing.

If a person is arrested under California drunk driving laws, they then have the option of pleading guilty to the charges or hiring California DUI lawyers to attempt to prove their innocence.sThe person will appear before a judge who, after hearing all of the evidence, will determine if a conviction is warranted and the punishment that will accompany the conviction.sAlthough California drunk driving laws including sentencing guidelines for the offense, the judge often has some leeway in sentencing and will make the determination based on the extenuating circumstances surrounding the drunk driving arrest.

Although you may think that the most horrible elements of getting a California DUI is the actual arrest and the humiliation of having to go to court to plead your case, in actuality the negative effects that result from a California drunk driving conviction can be much worse than you realize.sThe effects of a conviction can last for a significant length of time after the conviction and may still be affecting your life for many years after the conviction has occurred.

The immediate after effects of a California drunk driving conviction are predictable.sThe person will lose their driving license and have their driving privileges suspended for a period of time ranging between 6 months and 1 year.sBeing convicted of a California DUI will also result in a jail sentence of 4 days to 6 months depending on the circumstances surrounding the arrest.sThe judge may require the convicted to attend a state approved DUI school for a period of at least three months, install an ignition interlock device on their vehicle, or serve community service during the probation period after the conviction.

The lesser known effects of a California drunk driving conviction often occur long after the actual conviction.sBecause of the DUI listed in your driving records, many car insurance companies may refuse to issue insurance to you or may require you to purchase high risk insurance that can cost more than 3 times the amount that you would have paid without the DUI on your record.sA DUI conviction can also result in the loss of a job or difficulty finding employment in certain fields, especially those that require driving as part of the employment duties.sThere are many negative effects that can arise out of a California drunk driving conviction, so it is very important to consult with a criminal defense attorney as soon as possible after the arrest so that you can explore your options and create a plan of defense.

Being arrested for a DUI in California can be a troubling experience and what happens after the arrest can be just as important as what happened during the arrest.sThe actions that you take after a California DUI arrest will determine what path the situation will take and what the ultimate outcome of the California DUI defense will be.sThere are several steps that you should take after a DUI arrest in California and taking these steps will make the rest of the process much easier for you.

The first thing that you should do after a California DUI arrest is to stay calm and take stock of your situation.sBecoming hot headed and argumentative has never solved any problem and may make it much harder to mount an effective defense in court to prove your innocence or get the charges reduced.sNo matter how angry you are or how unfair you believe the arresting officer, refrain from committing any action at that point or before your case goes to trial that would hinder your ability to be defended in court.

The next step you should take is to secure a California criminal defense lawyer to discuss your options with you and defend your case in court.sMany of the people that choose to defend themselves in a California DUI case make their situation worse by erring through ignorance of the laws of California or have no experience in criminal defense law so they do not know the proper way to handle the myriad court rules that must be followed for a California DUI defense.sCriminal defense attorneys in California are some of the most experienced attorneys for defending DUI cases because they often handle hundreds of these cases each year.