Los Angeles DUI Lawyer Blog

Articles Posted in DUI

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If you are stopped driving under the influence of drugs or alcohol, you may be charged with a DUI. If convicted, your final sentence will depend on several factors, the specific facts of your case and any arguments presented in your defense.

If you are arrested for driving under the influence of prescription drugs, your potential sentence may be on the lower end of the spectrum depending on additional circumstances of your arrest. For example, one of our clients was pulled over for driving under the influence, but had 0 blood alcohol content, but was on prescribed anti-depressants. He was charged with driving under the influence only, with no enhancements or additional charges.

In contrast, if you are pulled over for driving under the influence of illegal drugs: Methamphetamines, Marijuana or Cocaine, you could not only be charged with an enhanced DUI, but may be charged for multiple California offenses.

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We have all heard the phrase “plead the fifth” being employed in numerous scenarios. The meaning is derived from the Fifth Amendment of the United States Constitution. The Fifth amendment protects your right to remain silent, consequently, not say anything that may later incriminate you during trial or otherwise.

When stopped on suspicion of driving under the influence, you always have the right to not say anything self incriminating. Self incriminating can be anything, admissions, confessions, as well as statements, that may be used later in court against you.

It is the officers’ job to search for evidence and build a case against you. They may do this by searching your vehicle and asking you direct questions that may lead to a confession. You are not required to answer any questions besides those identifying you and those related to your vehicle registration and insurance. In the scenario that you are asked questions, it is perfectly legal to politely decline.

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When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. If you refuse to take the breath test, or are unable to, you will be required to take the blood test. If you refuse to do so without a valid reason you may be additionally penalized.

If you have refused to take both tests, there may be some legal defenses that will work in your favor. An experienced Los Angeles DUI attorney can prepare a powerful defense that will help strengthen any possible arguments that you may have.

One possible defense is if you have a fear of needles and cannot take the blood test. If you are able to prove the fear, you may have a strong argument in your favor and the refusal may be set aside. Additionally, if the facility is not clean, or you feel that the needles or equipment used to administer the blood test is not sanitary, you will not be required to take the test and may refuse.

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When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. Whereas it is your right to refuse the preliminary breath test (the one administered at the scene of the arrest), you cannot refuse the test given at the station without additional penalty.

If you have refused to take both tests, there may be some legal defenses that will work in your favor. An experienced Los Angeles DUI attorney can prepare a powerful defense that will help strengthen any possible defenses that you may have.

One possible defense is if you have asthma and are unable to properly breathe into the machine in order to provide an adequate sample. Another valid defense is if for any reason you are physically unable to take the breath test. If there is a valid scenario rendering you incapable of giving a breath sample, you may have a defense against an additional penalty imposed due to refusal.

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This is a very good question. There are two kinds of chemical tests under California state law to determine a driver’s blood alcohol content (BAC) at the time he was stopped on suspicion of driving under the influence of alcohol, drugs, or both. Until recently, there was also a urine test which was part of the drivers choice of tests. This test after many years. was eliminated by the legislature due to their determination that this type of test did not meet the high standards of accuracy required by the law.

There are two remaining tests which a suspected drunk driver has to chose from. These tests are the blood and breath tests. The blood test, which most experts view as the more accurate of the two because this test essentially through a direct analysis, measures the percentage of alcohol in the blood drawn from a suspected driver.The result is a blood alcohol concentration or bac which is directly correlated to the language of the law prohibiting blood-alcohol levels of .08 or over.

In addition, if the suspected driver is also under the influence of a drug, a blood test or urine test is the only way to determine their presence. A breath test is only capable of measuring alcohol.

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Contrary to popular belief, the criminal court and the DMV are two separate entities, with very little connection with each other when it comes to the enforcement of sentences and potential penalties.

The Court is a judicial entity and follows its own set of laws and procedures where as the DMV is an administrative entity with its own as well. When you have a scheduled court date, it is different from your DMV hearing. Each will look at their own set of questions and requirements and may arrive at different conclusions regarding your case. The court has no control over your driving privileges; these are solely up to the DMV to be decided at your DMV hearing.

If the court reduces your DUI conviction to that of a reckless driving or exhibition of speed, the DMV still have the right to suspend your license as if you had been convicted of a DUI. The ruling found in court is not binding upon the DMV, they are free to arrive at their own conclusion based on the facts and make their own findings.

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Many of our clients have inquired about the maintenance and use of the Ignition Interlock Device. While this is all new law, being a pilot project, we have been able to answer the following commonly asked questions.

Does the device cause damage to my car and will other people be able to continue to drive my car?

Other people will be able to drive your vehicle but will have to also blow into the machine before starting the vehicle. Those that will potentially drive the car should also be educated on the use of the machine. The installation of the device will not cause damage to the vehicle, and it will be restored to the same condition it was before the installation of the device.

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There are a lot of unanswered questions surrounding the new Ignition Interlock Device now required by law in Los Angeles County for those convicted of a DUI. As with any new law, there remains many loopholes and issues that have not been accounted for. Even as a pilot project, it seems to be fairly difficult to “fool” the ignition interlock machine in any of the following ways.

Can someone use a balloon or other air source to mimic human breath, or can someone else take the test for the driver?

The device currently has anti-circumvention techniques which allow the machine to abort any phony breath samples. This allows it to instantly detect when actual human breath is not being blown into the device and will cause the machine to report the failed sample. Furthermore, you may not have someone else legally take the breath test on your behalf before starting the vehicle. According to California Vehicle Code §23247, it is illegal to have another person blow into the device or to start a vehicle equipped with the device for the purpose of allowing someone whose driving privilege has been suspended to operate a vehicle. For those who aid in the circumvention of the machine, they can be fined or served jail time under California law.

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The new Ignition Interlock law enacted in Los Angeles County seems to be vague and lacks a precise plan for enforcement by the DMV.sDue to it’s novice nature, many loopholes have been unaccounted for and many questions remain unanswered.

According to the specifics in the law, you are required to install the device into a vehicle that is owned by you. However, people are exempt from installing the device into their vehicle if they provide the DMV with a written notice of the fact that they have no ownership of a vehicle, that they have no access to a vehicle at his or her residence, that they understand that they must inform the DMV of any changes in their situation, and acknowledgement of licensing and IID requirements.

So if you do not own a car or have access to one, you would not be required to install the device. The DMV is also not requiring those people who drive a motorcycle to install one either. Additionally, many of our clients ask us about the law if they do not reside in one of the counties participating in the pilot program, but were arrested in one that does, or vice versa.

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There is nothing illegal about drinking alcohol. There or is also nothing illegal about drinking alcohol and driving. It is only against the law to drive a motor vehicle with a blood alcohol level (BAC) of .08% or more.

The state of California created this law under section 23152 of the vehicle code. This law has a number of different sections which make it illegal to drive a motor vehicle under certain circumstances. 23152 (a) V.C. prohibits any person to drive a car when their driving ability is impaired by either alcohol or drugs or the combination. 23152 (b) V.C. prohibits driving by those people who have a blood-alcohol level of .08% or more.

When I asked my clients how much they have had to drink, the most common response is with a number. For example, clients will tell me they had a couple of drinks, a few glasses of champagne etc. Our average client speaks of their drinks like they were all the same. Nothing could be further from the truth. This oversimplification, is what commonly gets my clients in trouble. Although, counting and keeping track of what one has to drink is important, what you are drinking is just, and maybe more important than just the number.

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