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Why Government Wants Lower BAC Limits — Is it About Money?
Americans Are Drinking Less Than Ever According to a new Gallup poll, only 54% of U.S. adults now drink alcohol — the lowest number Gallup has recorded in nearly 90 years. The average drinker now consumes just 2.8 drinks per week, and 40% say it’s been more than a week since their last drink. Even more striking, a majority (53%) of Americans now believe that even moderate drinking — one or two drinks a day — is bad for your health. WASHINGTON, D.C. — The percentage of U.S. adults who say they consume alcohol has fallen to 54%, the lowest by one percentage point in Gallup’s nearly 90-year trend. This coincides with a growing belief among Americans that moderate alcohol […]
Traversing Warrant In Los Angeles DUI
Warrants in Los Angeles DUI Cases: What You Need to Know In Los Angeles, DUI investigations can quickly escalate if police officers believe a driver is under the influence of alcohol or drugs. One of the most critical moments in these cases is when the officer attempts to obtain a breath or blood sample from the driver. If you hesitate, refuse, or are otherwise slow to comply, officers may take additional steps to secure evidence against you—namely, by seeking a McNeely search warrant for a forced blood draw. Los Angeles DUI Attorney can help you win tough cases where police got a warrant for Los Angeles DUI and the result of a blood test shows a high level of alcohol […]
Evidence at a DUI DMV Hearing
Here, we discuss a DMV hearing that is part of a procedure after a Los Angeles DUI arrest. After a Los Angeles DUI arrest, a police officer will give the arrested person at least 2 documents: The DMV form DS 367, is given instead of a California driver’s license that is confiscated by the police officer. The notice of suspension explains that the suspension (or revocation) will start in 30 days and informs the driver that he or she has a right to request an “Admin Per Se” (APS) DMV hearing to determine 3 issues: If there is an allegation of refusal to submit to a chemical test, the DMV hearing determines 4 somewhat different issues: There are also “DUI […]
DUI DEFENSE: DON’T TALK TO COPS
It is hard to find a person who was never pulled over by police in Los Angeles. A police stop in Los Angeles can result in DUI investigations. Some police officers will say that “all police stops are potential DUI investigations”. If you are investigated for a DUI in Los Angeles, you can be arrested for a DUI and have a Los Angeles DUI arrest on your record. How do you avoid a DUI investigation or an arrest? If you did have something to drink, what do you say or do to increase the chances of winning a DUI and reducing the chances of being arrested? Los Angeles DUI attorney answers these questions here. Should You Talk To Cops?: No! […]
DUI DEFENSE: WHEN YOUR CAR WAS PARKED
A typical DUI arrest involves a traffic stop for a violation of a vehicle code or some other observation of “bad driving” by the police officer. Other times, the officer does not observe driving but comes to the location of a car accident. Less often, a DUI suspect gets arrested after police decide to approach a parked vehicle. When that happens, you will have a great defense of your DUI case. You will need the help of an experienced attorney to convince the prosecutor to offer a favorable disposition or to dismiss the case altogether. It is possible for Los Angeles DUI attorneys to get prosecutors to offer great deals on no-driving defense cases or even a dismissal when […]
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 […]
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 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 […]
DUI DEFENSE: No Driving Defense
“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 […]
DUI DEFENSE: HIGH BLOOD ALCOHOL LEVEL
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 cases are harder to defend because not only the prosecutors are less willing to reduce a 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 many 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. Often, Los Angeles DUI attorneys can defeat a DUI […]