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Nystagmus as part of DUI investigation, Los Angeles
Nystagmus is an investigation tool used by law enforcement to determine if a person is under the influence of alcohol. After a DUI stop, a police officer, if he suspects that the driver is under the influence of alcohol, can ask the driver to step out of the vehicle and submit to field sobriety tests. The field sobriety tests are voluntary tests that drivers suspected of DUI in Los Angeles can and should decline to perform. If you agree to do the field sobriety tests, the cops and the DA will use them to show that you are impaired. The tests are highly subjective and can cause a person to be arrested even when he or she is not under […]
DUI Probation: Terms and Conditions
DUI Probation is a very common resolution in many DUI cases. However, the law does not require that a defendant is placed on probation. Instead, a defendant in a DUI case can resolve his or her case for a “terminal disposition”, meaning, after the sentencing, there are no obligations to the court because after the sentence is complete and the case is over. In fact, you must agree to be placed on probation. Defendants Want to Be on DUI Probation to Avoid Jail Time. Some defendants are not eligible for DUI probation because of the record or the nature of the offense. For instance, if you are charged with a 3rd felony, the DA can allege a special allegation under […]
Fighting BAC Results in California DUI Cases
In this article, DUI Defense Lawyer discusses how to fight BAC Results in California DUI Cases. Click on the links below to go directly to your topic of interest. The Importance of a BAC Results in Los Angeles DUI Cases BAC level lower then .08% in DUI cases High Blood Alcohol Cases in California DUI cases The Importance of BAC Results in Los Angeles DUI Cases Los Angeles DUI prosecutors will look at several factors to decides how to prosecute a DUI in Los Angeles. First, Los Angeles DUI prosecutors will check if there was an accident prior to Los Angeles DUI arrest. Any accident will make a DUI seems much more serious in the eyes of Los Angeles County Judge […]
Chemical Test Refusal in Los Angeles DUI Cases
Any driver arrested for a DUI is required by California state law to submit to a chemical test. A chemical test can be a blood test, a breath test, or a urine test. A DUI refusal to submit to a chemical test is a more serious offense than a simple DUI. This article discusses Chemical Test Refusal in California DUI Cases. Click on the links below to go directly to your topic of interest. 1. WHAT ARE THE CONSEQUENCES OF BEING ARRESTED FOR A DUI WITH A REFUSAL ALLEGATION? 2. WHAT IF I WAS ARRESTED FOR A CHEMICAL TEST REFUSAL BUT I WAS NOT DRIVING? 3. HOW CAN A DRIVER ARRESTED FOR A “REFUSAL DUI” IN LOS ANGELES FIGHT HIS CASE? 4. […]
Alcohol Breath Test and The Problems it Creates During DUI Investigations
The alcohol breath test is not as reliable as the police want them to be. We are all fall under the impression that an alcohol breath test conducted by a police officer and showing that you are above Legal Blood Alcohol Level means that you are drunk driving and should be arrested before someone gets hurt. Yet, what gives the DUI Breathalyzer its credibility is not entirely clear. Does it deserve the trust placed into it by the Los Angeles DUI police officers or its ordinary citizens? Here, we are addressing some of the issues with alcohol breath tests and why they can be inaccurate and lead to wrongful convictions. Upon a Los Angeles DUI arrest, the police may ask you […]
Legality of Blood Draw in DUI Defense in Los Angeles
DUI Blood Test is a hot area of litigation in courts throughout the country. In Schmerber v. California, a 1966 decision by the Supreme Court, the court decided the constitutional legality of a DUI test. What makes a DUI Blood Test illegal even when you agree to the blood draw? We provide a guide to the hearing that can be held to suppress the DUI blood test results and to get a dismissal of your DUI case. If you were arrested for a DUI, the police most likely tried to get a blood or a breath test to see how much alcohol you have in your blood. The Legal Blood Alcohol Level in California is below .08% BAC. Thus, a person […]
Breath test science:how California courts ignore it
The California Supreme Court recently eliminated several important breath test defenses for DUI cases that DUI attorneys Los Angeles used to successfully defend DUI charges. PARTITION RATIOS AND VANGELDER (58 Cal 4th 1) According to the 2013 Supreme Court of California decision in People v. Vangelder, partition ratios cannot be argued to a jury. Before this case, Los Angeles DUI defense attorneys would argue that breath sample results are not the same as the blood sample results because the ratio of alcohol in blood could be very different from the ratio of alcohol in breath samples. In the case of Mr. Terry Vangelder, he was prosecuted for a DUI after he was pulled over for speeding and his breath alcohol test […]
Commercial Driver License DUI in California
Please click on the links below to go directly to your topic of interest: California Law for DUI with commercial driver’s license Penalties for Commercial DUI in California How To Beat A Commercial Vehicle DUI (CDL) Case? Can you still get a CDL license after two DUI convictions in California? California Law for DUI with the commercial driver’s license. The DMV can suspend a commercial driver’s license. A commercial driver’s license suspension can happen if you had a blood alcohol concentration of .04% or higher while driving a commercial vehicle (Cal VC 23152(d)). In addition to a DMV commercial driver’s license suspension, a driver can be prosecuted for a DUI in criminal court. If that driver drove a non-commercial vehicle while being DUI, […]
What is Legal Blood Alcohol Level for DUI in California?
This article answers the question What is the Legal Blood Alcohol Level for DUI in California? Click on the links below to go directly to your topic of interest. Legal Blood Alcohol Level for 21 years old or older non-commercial driver in California Legal BAC for Commercial Drivers in California Legal alcohol level for persons under 21 years of age Arrest for a DUI with a blood alcohol level under .08%? Legal Blood Alcohol Level for 21 years old and older non-commercial drivers in California In California, the legal blood alcohol level for most drivers is .08% or less of alcohol in blood by weight. California Vehicle Code section 23152(b) describes the meaning of legal blood alcohol level and also provides some […]
Driving on a Suspended License in California
In this article Los Angeles DUI Defense Lawyer discusses Driving on a Suspended License. Click on the links below to go directly to your topic of interest. LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW ATTORNEY EXPLAINS TYPES OF LICENSE SUSPENSION DRIVING ON A SUSPENDED LICENSE ALSO CARRIES POINTS WITH THE DMV COURT PROCESS FOR SUSPENDED LICENSE SUSPENDED LICENSE. Example 1 SUSPENDED LICENSE. Example 2 SUSPENDED LICENSE. Example 3 LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW California Laws covering driving on a Suspended License can be found in California Vehicle Code sections 14601-14601.5. The decision to charge one code section over another primarily deals with the type of suspension or revocation. For instance, if the driver’s license suspension is based on a conviction for drunk […]