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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 Driving on a suspended or revoked license in California is a serious offense, governed by California Vehicle Code (CVC) sections 14601-14601.5. The specific section under which a driver is charged depends primarily on the reason for the suspension or revocation. For example, if a driver’s license suspension is due to a DUI conviction, prosecutors will likely file charges under CVC 14601.2, which carries mandatory jail time (at least 10 days for a first offense) and strict penalties, such as a requirement to install an ignition interlock […]
FELONY DUI: HOW TO AVOID FELONY DUI LOS ANGELES
Here, a Los Angeles DUI attorney explains in detail when a DUI can be charged as a felony DUI in Los Angeles, and why the difference between a misdemeanor DUI and a felony DUI depends heavily on the facts of your case and your prior criminal record. A top Los Angeles DUI attorney with years of experience defending DUI cases in Los Angeles knows how to evaluate whether the prosecutor is justified in filing a felony, and more importantly, how to fight it. A top Los Angeles DUI lawyer routinely handles the full spectrum of drunk driving cases—from first-offense DUI in Los Angeles, to DMV APS hearings, to the most serious felony DUI cases involving prior DUI convictions, DUI with […]
DUI Checkpoints in Los Angeles
DUI Checkpoints in Los Angeles are becoming very common, especially around the holidays. Police departments near Los Angeles also use DUI checkpoints to investigate and arrest DUI drivers. Los Angeles DUI Attorney is very experienced in fighting DUI checkpoint cases because police have to follow many rules to have a legal DUI checkpoint. Without following court guidelines regarding DUI checkpoint setup, all arrests at Los Angeles DUI Checkpoints can be illegal. There are several ways how Los Angeles DUI lawyer can help you fight arrest at DUI Checkpoints. First, unless the police set up the DUI Checkpoints as told by the California courts, the checkpoint will be invalid. Second, because no bad driving was observed at a checkpoint, the DUI […]
FIELD SOBRIETY TEST IN DUI CASES CALIFORNIA
This article discusses FIELD SOBRIETY TEST IN CALIFORNIA DUI CASES. Click on the links below to go directly to your topic of interest. Field Sobriety Tests (FSTs) Field sobriety tests (FST) are a series of tests that police use to determine if a driver is impaired and can not safely operate a vehicle. Field sobriety tests are tests used by law enforcement to determine if a driver is impaired regardless of the blood alcohol level or when the blood alcohol level is not known. It is important to understand that these tests are very subjective and sometimes can be difficult for a sober person to “pass” (a subjective determination by the officer). In fact, the accuracy of field sobriety tests […]
California DMV Hearings and Appeals: Procedure and Process
In this article, Los Angeles DUI Defense Lawyer discusses DMV Hearing Appeal. Click on the links below to go directly to your topic of interest. DMV HEARINGS APS DMV HEARINGS HOW TO WIN A DMV HEARING HOW CAN EXPERT TESTIMONY HELP DURING AN APS HEARING DMV PROCEDURE AFTER DUI ARREST NEGLIGENT OPERATOR DMV HEARING APS DUI DMV HEARING APPEAL ADMINISTRATIVE REVIEW OF DMV DECISION APPEAL OF DMV RULING TO THE SUPERIOR COURT TIME LIMIT TO FILE WITH THE SUPERIOR COURT THE REASONS TO FILE A WRIT PROCEDURE DMV HEARINGS The DMV is directly responsible for issuing Driver’s licenses to California Residents. Not only does the DMV issue driver’s licenses, but it also keeps driving records which include accidents, failure to […]