Drunk Driving Arrest In Los Angeles

A DUI Arrest Can Occur Even if You Not Drunk

September 8, 2016

Most commonly, a person arrested for a DUI is arrested because he or she is under influence of drugs or alcohol. It is possible for the police to make an error and arrested someone who is not under influence of any drugs or alcohol. For example, lack of sleep, being careless or distracted while driving can result in a DUI arrest. Moreover, often, a driver who is negligent or sleepy can be very dangerous, even when he or she is sober. The law can punish drivers for negligent driving, although every instance is not specifically addressed by the legal system. If you fall asleep on the road or get distracted by a mobile phone, you can be found negligent by […]

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An Uber driver arrested for a DUI in Orange County

August 25, 2016

Using Uber instead of driving drunk is one of the best ways to avoid a DUI in Los Angeles. Uber company says that hiring Uber people avoid getting DUIs.  Recent research confirms that ride-sharing helps avoid DUI in Los Angeles.  And yet, some Uber drivers are arrested for drug and alcohol-related crimes.  In fact, Los Angeles DUI Attorney represented several Uber drivers who were accused of DUI.   News confirms that Uber drivers get prosecuted for DUI like everyone else.  Recently, in Orange County, California the police arrested  Ramon Iribe, an Uber driver for possessing a concealed weapon, methamphetamines, and Xanax without a prescription.  Thankfully, after the arrest, Uber banned Mr. Iribe from continuing to work for them. At the time […]

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JUVENILE DUI PRIOR

May 16, 2016

In this article, Los Angeles DUI Defense Lawyer discusses JUVENILE DUI PRIORS.  Click on the links below to go directly to your topic of interest. PRIORABILITY OF A DRUNK DRIVING DUI ATTORNEY EXPLAINS JUVENILE DUI PRIOR DUI ATTORNEY EXPLAINS THE MOTION TO STRIKE DUI PRIOR DUI LAWYER EXPLAINS DMV PROCESS PRIORABILITY OF A DRUNK DRIVING If a minor is guilty of a DUI, the DUI cannot be used against him as a prior to enhanced punishment.  A DUI is a priorable offense, that is, a subsequent DUI case is prosecuted more severely than the previous DUI case.  The probability of a DUI is determined by counting the number of years from the offense date to the date of the offense.  […]

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Punishment for Drunk Driving (DUI) In Los Angeles

March 15, 2016

Drunk driving is considered a serious crime by most law enforcement agencies.  Punishment for drunk driving reflects the serious approach taken by DUI prosecutors and judges.  Over the years, the lobby groups, such as MADD.ORG (Mothers Against Drunk Driving), influenced tougher laws, lowering the legal limit of alcohol for DUI prosecution and increasing drunk driving penalties in California and nationwide.  As a result, even the first offense of drunk driving, a victimless crime based on dubious science, can be punished with serious consequences not only in the criminal justice system but collateral effects such as immigration status, professional licenses, and on driving abilities.  For example, a recipient of a newly passed DACA or DAPA immigration benefit can be denied status […]

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Alcohol Breath Test and The Problems it Creates During DUI Investigations

February 17, 2016

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 […]

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Breath test science:how California courts ignore it

February 15, 2016

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 […]

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FELONY DUI: HOW TO AVOID FELONY DUI LOS ANGELES

January 19, 2016

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 […]

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FIELD SOBRIETY TEST IN DUI CASES CALIFORNIA

January 12, 2016

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 […]

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DUI Defense: Attacking the breath test in Los Angeles DUI Prosecution

November 24, 2015

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 […]

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LOS ANGELES DUI CLASSES AFTER A DUI CONVICTION

November 20, 2015

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 […]

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