Los Angeles DUI Lawyer Blog

Articles Posted in DUI

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Our clients frequently ask us whether blood-alcohol testing, whether by analysis of one’s blood, or by the use of an approved breathalyzer machine at the police station is accurate. Blood alcohol testing in driving under the influence of alcohol cases is carefully regulated by the federal government under Title 17, setting forth specific guidelines for all blood alcohol testing, which must be scrupulously followed by the police, or hospital to ensure the accuracy of any sample taken and analyzed in a Los Angeles county DUI arrest.

The primary purpose of these procedures is to create a uniform set of guidelines to be followed, thus directing law enforcement throughout the state of California to adhere to these very specific government standards. In a Drunk Driving case where the defendant has submitted a blood sample to be tested for alcohol, or drugs, the government must document all of the specific procedures used from drawing the blood sample to having it analyzed by a state approved laboratory.

It is critical that an experienced Drunk Driving defense lawyer review the documentation and correctness of the procedures followed by the police in their client’s case to ensure an accurate result. Firstly only state licensed clinicians, who have been properly trained in the specific procedures of drawing blood from a driver accused of driving under the influence are allowed to draw blood.

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A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver’s license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

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One of the most significant consequences that a DUI conviction may have on your life is that it may change your immigration status. When it comes to Immigration law, the Immigration Judge has a great amount of discretion on his decision as it is not objectively outlined in the Naturalization and Immigration Act.

While many drug offenses and more serious criminal offenses will most likely lead to deportation or revocation of your status, a DUI is much more subjective. The Judge will decide based on several factors if the DUI will prevent you from obtaining or maintaining your status. He or she will often consider your criminal record, how long you have been in the United States, your family situation, job history as well as other aspects of your life.

If you only have one DUI on your record and nothing else, chances are it won’t have much of an effect on your Immigration Status. However, if you are on your third DUI and were on probation, the Judge will seriously consider deportation or terminating your status as either a citizen or Legal Permanent Resident.

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A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver’s license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

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Police officers are always right… wrong! At Hoffman and Associates, our law firm has successfully defended thousands of driving under the influence cases. One of our effective strategies is to attack and challenge the credibility of the officers observations, statements and conclusions being used against our clients.

You may be unlucky enough to have been stopped by the police for allegedly committing a vehicle code violation, but it is not necessarily true. The main thrust of an officer’s education at the Academy is how to build a case against suspected violators. Officers are taught from the beginning that they must always justify and build a case.

One of the major areas of challenging the officers observations is to point out to the prosecutor, judge or jury, that although the officer will testify from the witness stand, or by the statements in police reports, that his credibility must be established like any other witness, despite the fact that he is a police officer.

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There is a very crucial difference between a DUI arrest and a conviction, one that leads to very different consequences.

A DUI arrest is an allegation made by officers that they have facts supporting a guilty finding for driving under the influence. An arrest doesn’t mean that you have been found guilty, it simply means that officers feel that you were driving under the influence and it still remains to be proven. The law will presume you are innocent until you are proven guilty. If you are found guilty in a court of law by either an entered plea, a judge or jury trial, then you will be convicted of a DUI. Until that point, there is no conviction but merely an arrest.

The consequences also have stark differences. With a DUI arrest there is nothing on your record and you are not required to disclose this information to any institution or employer that asks about your criminal record. Remember, a DUI arrest is not on your record because you have not been found guilty of the alleged DUI.

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Over twenty years ago the legal determination of when a person was found to be drunk in excess of the legal amount was based on impairment. That however, is not the case anymore. Modern DUI law uses an objective amount of Blood Alcohol Level (BAC) to determine when a person is excessively drunk and in violation of the law.

Too often the mistake that many people make is to assume that they are not impaired and are able to drive after having a few drinks. This is the first decisions that leads to a DUI arrest and in many cases a conviction.

If a person was found to be unable to walk a straight line, or bring themselves to focus, they would be arrested for a potential DUI conviction. Now the law has changed and is based on a model that relies on a presumptive number. Through the use of a sobriety test, authorities will conclude if you are in violation of DUI law if your BAC is .08% or over. There is no requirement of impairment. Furthermore, prosecution has no duty to prove that you were impaired, only that your BAC was over .08%.

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The credibility or believability of an officer saw summations and statements should never be considered totally accurate or correct. It is essential that all statements declare fully scrutinized and challenge by her attorney in a DUI or other criminal case.

Very often when our attorneys are reviewing police reports with our clients, major and minor factual discrepancies appear with no rational explanation. Although it’s easy to assume that the clients, or person being charged with the offense is lying or fabricating to make themselves look better. There is often another reasonable explanation.

Although police officers are employed to protect and serve the community, and hold themselves out as neutral and unbiased people, that is not always the case. Police officers also have an agenda… that is to build a criminal case against a suspect who he has determined to be guilty.

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California Vehicle Code 23600 prohibits driving with any measurable amount of alcohol in your system if you are currently on probation for a DUI. This section of the Vehicle Code is referred to as the Zero Tolerance Law.

Prior to January 2009, the aforementioned section allowed a Judge to revoke probation unless the person violating probation agreed to serve at least 48 hours in County Jail, in the situation that the zero tolerance law was violated and the Blood Alcohol Level (BAC) was over a .04%.

The current law, however, has gotten a lot stricter. If you are now caught violating the Zero Tolerance Law, the DMV will automatically suspend your driver’s license for a year. Additionally, the new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of the person who is caught driving with a BAC over .01%.

In light of the new law , it is now more important than ever to hire an experienced Los Angeles DUI and Criminal Defense attorney who has defended thousands of probation violation and DUI cases. There is a crucial 10 day time limit to request a DMV hearing, which will determine the status of your license. If a DMV hearing is not promptly requested, you may lose your opportunity to state your case to a DMV officer resulting in a revocation or suspension. The knowledgeable attorneys at Hoffman and Associates prepare a powerful defense specific to the facts of your case that you obtain the best desired outcome possible. Our thirty years of experience are reflected in the solid reputation we have built among the many Judges and Prosecutors in the Criminal courts of Southern California.

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When a person is charged with a Los Angeles DUI case they are required by state law to be placed on a minimum of 3 to 5 years of Summary Probation along with a fine to be paid and a rehabilitation program to be completed. In some cases jail time will also be required.

There are two types of probation, informal and formal. Informal probation is generally the case for first offense misdemeanor DUI charges. It is unsupervised whereas formal probation requires the supervision of a deputy probation officer and is usually part of a sentence in more extreme felony charges of DUI.

There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete the required rehabilitation classes or pay the required fine. An external violation results when a similar crime is committed within the probationary period.s

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