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How to drink without exceeding the alcohol legal limit in California?
A DUI in Los Angeles will typically be prosecuted when a person is above the legal limit. In California, a permissible alcohol level in blood is equal to 0.08% for adult non-commercial drivers who are not on DUI probation. Commercial drivers, when operating a commercial vehicle, are permitted to have no more than 0.04% blood alcohol content. Minors are not allowed to have any alcohol while driving under a zero-tolerance California law found in CVC 23136. A violation of zero-tolerance California violation is not a crime but it will result in a one-year driver’s license suspension. A “minor DUI”, found in CVC 23140 is an infraction-level offense with a blood alcohol level of .05 or lower BAC. An infraction is […]
Penal Code 1538.5: Unreasonable Search & Seizure
One of the best ways to win your case without going to trial is to win a search and seizure motion. Search and seizure motion in California is known as a motion under PC 1538.5. California Penal Code section 1538.5 does not allow police to search you or your car without a good reason. →When the police do not have a good reason to stop you – you have an “unreasonable search”, which is a violation of the 4th amendment to the U.S. Constitution, California Constitution, and California Penal Code statute 1538.5. In a situation like this, you must file a motion to suppress the evidence that the police are trying to use at trial to prove that you are […]
DUI Refusal in Los Angeles
Any driver arrested for a DUI in Los Angeles is required by state law to submit to a chemical test. A chemical test can be a blood test, a breath test or, when neither is available, a urine test. A Los Angeles DUI refusal to submit to a chemical test after a DUI arrest in Los Angeles is a more serious offense then a simple DUI. When a police officer in Los Angeles makes a DUI arrest, he is required to read verbatim from the back of the DMV form, called DS-367, a statement advising arrested drivers the requirement to submit to a chemical test and the consequences of refusal to submit to the chemical test after a DUI arrest […]
Defending a DUI in Los Angeles: section 23152 (a) and/or 23152 (b)
A driver arrested for a DUI in Los Angeles can be charged with a violation of California Vehicle Code section 23152 (a) and/or section 23152 (b). A violation of California Vehicle Code section 23152 (b) occurs when a driver is over the legal limit. The legal limit is defined as .08% alcohol in blood. In proving that the driver is over the legal limit, the government will attempt to measure your blood alcohol level within 3 hours of driving. To make the prosecutor’s job easier, the driver who is arrested for a DUI is required by law to submit to a chemical test of his blood or breath. In this situation, defending a DUI in Los Angeles must be based on […]
What to Expect During a Los Angeles DUI Investigation
Los Angeles DUI investigation usually consists of 3 parts. During the first part, the police observes the driving of the driver and note their observation for future police report. During the second part, the police observe how the driver does on voluntary field sobriety tests. During the third part, the police will take the driver to a station and take his breath or blood for alcohol testing. Here’s a structured, expanded version of the blog post with clear subtopics: What to Expect During a Los Angeles DUI Investigation If you are stopped on suspicion of driving under the influence in Los Angeles, it is crucial to understand the steps officers take during a DUI investigation. Law enforcement follows a structured […]
DUI Defense: Attacking the breath test in Los Angeles DUI Prosecution
Many police officers consider all traffic stops a DUI investigation. Thus, the second you are stopped in Los Angeles by a police officer, you are suspected of a DUI! This is more so after accidents in Los Angeles, Orange County, etc. For example, if you are stopped for not wearing a seatbelt, many police officers, CHP officers, or any other law enforcement officer, will note if you can be under the influence of alcohol or drugs. They are trained to detect any signs of alcohol consumption, such as open bottles, the smell of alcohol, and any other signs, such as red eyes and slurred speech. Drunk driving attorneys in Los Angeles specialize in defending people who are pulled over without […]
DUI DEFENSE: ATTACKING THE BLOOD TEST
After a DUI arrest in Los Angeles, DUI investigating officers (LAPD, CHP, the Sheriffs, or local police agency officers), are required to tell the arrested driver that he has to take a blood test or a breath test. The purpose of the test is to measure the alcohol in the bloodstream of the arrested driver. If it is a breath test, you can see the results right away. If it is a blood test, the results will not be available for several weeks. The blood test is considered to be more accurate than the breath test, and because the blood is kept by the police, Los Angeles drunk driving attorneys can retest the collected blood later. The breath sample used […]
LOS ANGELES DUI CLASSES AFTER A DUI CONVICTION
As part of a DUI conviction, often, the Superior Court will order DUI classes. The class is required as part of any first-offense DUI and any second-offense DUI. A DUI is considered a first-offense DUI if there are no prior DUI convictions within the past 10 years counting from the arrest date to the arrest date. For example, if you were convicted for a Los Angeles DUI 9 years and 11 months before you were re-arrested for another Los Angeles DUI arrest; however, the offense happened more than 10 years before the current arrest for a Los Angeles DUI, you will not be charged with a second DUI in Los Angeles. If you are charged with a second DUI (or third […]
What is Reckless Driving and Why is it Better Than DUI?
This article discusses Reckless Driving in Los Angeles. Click on the links below to go directly to your topic of interest. Reckless Driving: “Wet Reckless” Reckless Driving: “Dry Reckless” Why Reckless Driving is Better Then DUI Reckless driving is an offense that can be prosecuted when a person intentionally drives a vehicle in a “wanton” disregard for the safety of person or property. To prove reckless driving, the People of the State of California have to prove that you drove a vehicle, that you were aware that your actions created a risk of harm and you ignored that risk. There is no requirement that you intended to cause damage. All elements of the offense and the intent must be proven […]
Los Angles DUI Attorney Cost
How much does a good DUI lawyer cost? The price of hiring a professional DUI defense attorney to help you fight your case in the Superior Court and at the Administrative Per se hearing varies between practitioners. It is not uncommon to hear that some lawyers will charge as little as $500.00 to represent defendants in court. On the other hand, it is also possible to hire an attorney who values his services extremely high and to pay $10,000.00 or more for even pretrial representation. Typically, it is not advisable to hire attorneys on the low end of the price range mostly because they will be either inexperience or not motivated to litigate the criminal case to get the best possible […]