Blog

High BAC level without drinking a lot?!

February 12, 2012

High BAC level is one of the reasons a prosecutor might demand a higher punishment.  The courts are also less lenient on the individuals who are drunk driving with a high BAC level.  The reasons are clear, a high BAC level means the person is more impaired and therefore is more likely to cause a collision and injure an innocent person.  For these reasons, high blood alcohol level is considered a factor in aggravation of a drunk driving case.  However, often, the blood alcohol level is not reflective of an alcohol consumption pattern.  Some defendants might be surprised when they are told that they have high BAC level, because they did not drink a lot of alcohol.  Here, we are […]

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Los Angeles DUI: below .08% BAC

Usually, a person whose blood alcohol level chemical test results are below .08% alcohol by weight will not be prosecuted for a DUI in Los Angeles.  This is different in Orange County, where many drivers are prosecuted for a DUI even if their results are below .08% BAC.  It is of course, more likely that the under .08% BAC cases will be prosecuted as a DUI in Los Angeles when law enforcement has evidence of bad driving, accident, or impairment regardless of BAC results.  For example, the prosecution for a VC 23152(a), a generic DUI, does not require any specific level of alcohol and can be used for prosecution of refusal DUI cases in Los Angles, low BAC DUI cases […]

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Science For DUI Cases

February 5, 2012

A DUI lawyer in Los Angeles can use science to attack the reliability of breath results. Some Los Angeles DUI lawyers have background in science, others learned enough from books and experts. The prosecutor, as part of his case, will use an expert to interpret the blood results and opine on the impairment. Defense can either attack the testimony of the People’s expert or/and can call its own expert who will opine that there is no impairment and/or that the alcohol level at the time of driving is below the statutory .08%. Short of calling your own expert, Los Angeles DWI lawyers need to know basic scientific articles discussing science behind alcohol impairment and level of alcohol in blood. Because […]

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DUI test: problems and results

January 30, 2012

Any DUI prosecution depends on blood or breath test results that will be used to prosecuted a DUI case.  DUI test results then will be presented to the court as evidence of guilt. DUI lawyer Los Angeles knows how to defend against DUI test results and will prepare a defense of DUI test. Knowledgeable Los Angeles DUI lawyers can undermine results of a DUI test using scientific approach to DUI.  Depending on the circumstances of a DUI arrest in Los Angeles, DUI test results can be very defensible. There are number of approaches that can be taken by drunk driving defense lawyer against both DUI blood test and DUI breath test.  For example, Los Angeles DUI Attorney can question the […]

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How To Win A DMV Hearing After a DUI Arrest

October 5, 2011

A person arrested for a DUI in Los Angeles or anywhere else in California has a right to a DMV hearing to show that the police stop or the arrest was not justified or that at the time of driving, the blood alcohol level was below .08% BAC.  The “at the time of driving” is the most important part because the alcohol breath or blood test is usually done hours after the hearing and thus, they can be very different from the blood alcohol level if it was measured at the time of driving.  Los Angeles DUI Attorney recommends that you contact a Los Angeles DUI lawyer to help you fight your DMV hearing or a DUI in Los Angeles.  […]

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DUI FELONY PROSECUTION

July 1, 2011

A felony DUI, if charged in Los Angeles, is a very serious DUI case with a possible sentence in the California State prison.   To avoid being sentenced to state prison, please contact Los Angeles DUI Attorney who handled many Los Angeles DUI cases including Los Angeles Felony DUI cases.  A Los Angeles DUI felony means one of 3 things: That Los Angels DUI driver had more than 3 DUI cases within the past 10 years (counting arrrest date to arrest date); That he has a previous felony DUI within the past 10 years; Or that the Los Angeles DUI driver was arrested after an accident where someone was injured. Any DUI case can have serious consequences because of how it […]

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Requesting a Continuance from the DMV at an APS hearing after a DUI arrest in Los Angeles

June 27, 2011

SUMMARY: Once an APS hearing is scheduled, a Los Angeles DMV hearing officer is appointed and all decisions about continuances are up to him or her. A request for a continuance has to be put in writing and faxed to the DMV as soon as a reason for the continuance is learned. For example, if a necessary witness is not available to testify for the hearing, a request to continue the hearing should be faxed to the hearing officer stating that (1) a necessary witness is not available on the day of the hearing and (2) the respondent only learned about the unavailability recently. THE LAW: The APS hearings are authorized and governed by Vehicle Code Sections 13558 and 14100-14111. […]

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How long is the Driver’s License Suspension after 2nd offense DUI in Los Angeles?

June 19, 2011

SUMMARY: Most DUI prosecutions also involve hearings under the Administrative Per Se laws with the DMV. The Admin Per Se prosecution is civil in nature and can not result in jail or fines but instead only results in a loss of the driving privilege through a suspension or revocation of the driver’s license. The court conviction in itself can have driver’s license consequences. Full analysis of the driver’s license consequence must include a discussion of both a DMV hearing defense and a defense of your DUI in court. Here, I explain the consequence of a second offense Los Angeles DUI arrest/conviction on the driver’s license. LENGTH OF SUSPENSION: A court conviction of a second-offense DUI in Los Angeles will result […]

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Does the Police Officer who wrote the “DUI Arrest Report” have to come to the DMV hearing to testify about what happened?

May 29, 2011

After being arrested for a DUI in Los Angeles, a police officer will issue a temporary driver’s license, write a DUI arrest report, write a citation to appear in court, and fill out a DS 367 DMV form. The DMV will rely on the DS 357 form to prosecute the driver at the DMV hearing.  Most of the time, if the officer fills out the DS 357 form correctly, the DMV will not need the officer’s testimony and will not subpoena him or her for the Admin Per Se hearing.  Also, after a recent case of CDLA v. DMV, the DMV rarely will subpoena police officers to avoid conflict of interest perception.  In that lawsuit, the Appellate court determined that […]

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What are my rights at a probation revocation hearing?

May 22, 2011

Often, violation of probations can result in more jail time than the plea bargain deal itself.  Paris Hilton and Lindsey Logan were sentenced to jail not after pleading guilty but after being found in violation of probation. So, what is probation? Probation is a period during which a probationer has to abide by certain rules. In exchange for an easier sentence, the probationer can be ordered to: (1) do some jail, (2) do some community service, (3) do an alcohol education program and an alcohol deterrence class, (4) wear an alcohol monitor bracelet, (5) install an ignition interlock device in his or her car (6) ordered not to consume any alcohol (7) ordered to drive only with a valid driver’s […]

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