Los Angeles DUI Defense

DUI DEFENSE: No Driving Defense

August 5, 2014

“No driving defense” is One of common defenses for driving under the influences.  It is typically used in cases where the police did not not observe driving (such is a common case in DUI prosecutions that involve an accident).  A recent case in my practice involve an arrest of an extremely intoxicated Spanish speaking gentleman who was found next to his crashed car.  No one observed the accident, however, there is an apparent confession by the client (who incidentally does not remember confessing).     Eventhough client denied driving, his story was somewhat improbable and I knew that Los Angeles City Attorney could not be convinced by my client’s statement.  To convince the prosecutor that my client was not the […]

Read more »

Reliability of DUI Breathalyzer in DUI Prosecution

June 2, 2014

A history of DUI Breathalyzer device, commonly used by law enforcement to prosecute DUI cases in Los Angeles, can be traced to early 1900s, when it was first noted that alcohol level on breath of impaired individuals is correlated to the alcohol level in blood. The ratio of correlation is now assumed to be a constant and equivalent to 2,100. However, the science development in recent years put into question the reliability of DUI breathalyzer because the correlation of blood alcohol level to breath alcohol level is not constant between different individuals and it also can vary in same person from day to day or hour to hour. Since the first DUI breathalyzer was used by law enforcement in 1938 in […]

Read more »

DUI DEFENSE: HIGH BLOOD ALCOHOL LEVEL

May 26, 2014

The most important piece of evidence in a DUI is the blood alcohol level of the arrested person. Most DUI will be prosecuted when the blood alcohol level is above .08% BAC. High blood alcohol level DUI are harder to defend because not only prosecutors are less willing to reduce DUI to a lesser charge or dismiss it altogether, but also because high blood alcohol level DUI can involve harsher punishments if there is a conviction. Los Angeles DUI lawyer have years of experience defending high blood alcohol level DUI in Los Angeles and will fight your case no matter how terrible you think your case is. During a DUI trial, a prosecutor needs to establish that at the time […]

Read more »

What To Do If You Are Arrested For a Marijuana DUI in Los Angeles

May 24, 2014

It is illegal to drive under the influence of alcohol or marijuana.  A Marijuana (stoned) driving can be prosecuted under California Vehicle Code section 23152(f).  A driver cannot smoke marijuana while driving a car and a passenger cannot smoke marijuana while riding in a car (Health and Safety Code section 11362.3(a)(7) and (8).  It is also illegal to possess an open container of Marijuana (HS 11362.3(a)(4)). However, Los Angeled DUI Attorney experienced that The Los Angeles City Attorney Office and the Los Angeles County District Attorney Office do prosecute Marijuana DUIs with less vigor then they do alcohol-related DUIs.  If you are arrested for a Marijuana DUI, please call our office at (818) 921 7744 to talk to the Los […]

Read more »

Warrantless Blood Draw and Warrantless Entry Home

May 9, 2014

MISSOURI v. MCNEELY Subsequent to this case, CHP and Other DUI police enforcement officers try to get a warrant if a suspect refuses the blood draw/breath test.  This warrant is now called McNeely Warrant. Undoubtly, this case helped defend warantless blood draws.  Now Los Angeles DUI attorney can file a motion when the officer forces a blood draw.  In the Supreme Court case of Missouri v. McNeely the court decided that elimination of alcohol in DUI drivers’ blood is not an exigent circumstance to the warrant requirement.  Before this decision, Los Angeles DUI lawyers struggled to keep blood tests out because California courts permitted warrantless blood draw.  California courts permitted warrantless blood draw based on their interpretation of Schmerber v. California.  […]

Read more »

Alcohol Blood Test Consent in DUI Cases

April 15, 2014

California is not unique in having “implied consent law”, which is found in California Vehicle Code section 23612. The “implied consent law” requires drivers to submit to a chemical test upon arrest for Drunk Driving in Los Angeles. Many police agencies in California, including CHP, enforce “implied consent laws” by either threatening drivers with harsher punishment if they refuse to submit to a chemical test or by forcing Alcohol Blood Test (a very common practice in Orange County for instance). Once DUI defense attorney raises a 4th amendment issue, by alleging that the search was warrantless and therefore presumptively illegal, the burden shifts to the prosecution to show an exception to the search warrant requirement. Without a doubt, in most DUI cases […]

Read more »

Requirements for Search After Arrest in Los Angeles

April 3, 2014

In 1965 3 Santa Ana police officers came to home of Mr. Chimel with an arrest warrant for his arrest.  He was at work.  His wife let the police officers in and after about 15 minutes of waiting, Mr. Chimel got home and was arrested.  After arresting Mr. Chimel in his home, the police officers did not leave, but proceeded to Search After Arrest Mr. Chimel’s house without his consent.  During the Search After Arrest the police officers found evidence that was used to convict Mr. Chimel in Orange County Superior Court.  Mr. Chimel appealed his conviction, but both, the California Court of Appeals and the California Supreme Court denied his appeal, holding that Search After Arrest of Mr. Chimel’s house […]

Read more »

On consent to DUI chemical test in Los Angeles

March 15, 2014

This is a little technical post but very helpful in some Los Angles DUI cases. Every single DUI arrest in Los Angeles (and the rest of California) involves an eventual request to consent to DUI chemical test. Los Angeles Police officers (and peace officers of other agencies), after arresting a driver suspected of drunk driving, will tell a driver that he has to submit to DUI chemical test of his blood test or breath test.  In other words, they are asking the driver to consent to search of his body for evidence of crime! This is a search and seizure (AKA 4th amendment) issue that can and need to be litigated. Why? Because not all consents are valid! US Supreme Court […]

Read more »

Pulled over for Weaving (aka Swerving) and Arrested for a DUI in Los Angeles?

February 27, 2014

In this article Los Angeles DUI Defense Lawyer discusses Pulled over for Weaving and Arrested for a DUI in Los Angeles.  Click on the links below to go directly to your topic of interest. CVC 21658(a) STOP AND ARREST FOR A DUI AFTER WEAVING MOTION TO SUPPRESS EVIDENCE IF YOU ARE PULLED OVER FOR WEAVING ONE OF MOST RECENT HELPFUL CASES FOR “PULLED OVER FOR WEAVING” CVC 21658(a) STOP AND ARREST FOR A DUI AFTER WEAVING Many DUI cases start from a violation of a traffic law where police can pull you over after observing a violation of the California Vehicle Code.  Legally, observing any violation of the California Vehicle Code is a sufficient reason to conduct a traffic stop.  If […]

Read more »

DUI DEFENSE: DUI ABSORPTION RATE

June 28, 2013

In the United States, a DUI is considered a very serious offense. In 1980th, approximately 25,000 people died in DUI accidents. By 2014, that figure dropped to just below 10,000 people. While this is still a large number, the tough stance of DUI offences clearly paying of by saving lives. The number of people arrested for drunk driving in the United States is over 1 million arrests per year. The prosecution all over the United States and California are extremely tough on DUI cases and do prosecuted cases that might not be as serious as the prosecutor believe. Body physiology is a significant reason why someone who is tested over the legal limit at the time of driving might not […]

Read more »

1 2 3 4 5

ATTENTION

THIS WEBSITE IS CREATED FOR ADVERTISEMENT PURPOSES AND DOES NOT ESTABLISH AN ATTORNEY CLIENT RELATIONSHIP. UNLESS THERE IS A CONTRACTUAL AGREEMENT BETWEEN ATTORNEY AND CLIENT. DO NOT USE INFORMATION ON THIS WEBSITE FOR LEGAL ADVICE WITHOUT TALKING TO AN ATTORNEY ABOUT SPECIFICS OF YOUR CASE. EXAMPLES AND CONSULTATION WILL NOT GUARANTEE INDIVIDUAL RESULTS.
ALL CONTENT ON THIS SITE IS CREATED FOR ATTORNEY ALEX ANDRYUSCHENKO