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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 […]
Diabetes or Fasting: Los Angeles DUI False Positives on a Breathalyzer
By Alex Andryuschenko – Los Angeles DUI Defense Attorney When most people think of a DUI, they assume alcohol consumption is the only cause of a failed breath test. But what if a person hasn’t had a drop to drink—and still blows a positive result? For individuals with diabetes, those who are fasting, or people on low-carb ketogenic diets, this is not only possible—it’s scientifically documented. As a Los Angeles DUI Defense Attorney, I regularly come across cases where innocent drivers are arrested based on flawed breath test results. One of the most overlooked causes of false positive BAC readings is acetone, a compound naturally produced by the body. What Is Acetone, and Why Is It in Your Breath? Acetone […]
Probable Cause for DUI Arrest – Insights from Los Angeles DUI Attorney
Many people assume that police officers can immediately arrest a driver if they notice any signs of alcohol consumption. However, the reality is that many individuals drive after consuming some alcohol, and the mere smell of alcohol, unusual behavior, or the presence of an open container in the car does not automatically justify an arrest. Los Angeles DUI Attorney strongly believes that these factors alone are insufficient to establish probable cause for a lawful DUI arrest. What Constitutes Probable Cause for a DUI Arrest? Probable cause typically requires a combination of observable factors, such as: The smell of alcohol Slurred speech Poor coordination Other indicators of intoxication The term “probable cause” originates from the Fourth Amendment of the U.S. Constitution. […]
When Can the Police Tow a Vehicle in California? Know Your Rights
Law enforcement officers in California have several legal authorities under which they can tow a vehicle. Whether it’s for a Los Angeles DUI arrest, a criminal investigation, or other violations, understanding your rights is crucial. In some cases, police can hold an impounded vehicle for up to 30 days. However, if your car has been towed, you have the right to a hearing to request an early release. As an experienced Los Angeles DUI attorney, I have successfully helped clients get their vehicles released early in such situations. Common Reasons Police Tow Vehicles Fighting an Impound & Requesting Early Release If your vehicle has been impounded, you have the right to a post-storage hearing to contest the tow or request […]
Criminal Cases Los Angeles – Special Laws for Some Pregnant Women or Women with children under 6 years of age.
Avoiding Prison Under California Penal Code Section 1174: A Pathway for Pregnant Women and Mothers with Young Children As a criminal defense attorney based in Los Angeles, I understand how stressful legal proceedings can be, especially for women who are pregnant or raising young children. Fortunately, California law provides options to protect these vulnerable individuals from the trauma and disruption of imprisonment. Penal Code Section 1174 offers a critical alternative to traditional incarceration in some situations. Call Los Angeles Criminal Defense Attorney now for a free consultation. What Does Penal Code Section 1174 Do? Under Section 1174, pregnant women and mothers with children under the age of six may be eligible to serve their sentence outside of prison. This law […]
How to Change a Judge in a Criminal Case Los Angeles
California law provides defendants in criminal cases the right to request a change of judge under specific circumstances. This process can occur either without evidence of bias or when evidence of bias exists, as outlined in the California Code of Civil Procedure (CCP) §§ 170.1 and 170.6. Below, we explain how this process works and why consulting an experienced attorney is essential. 1. One-Time Change Without Evidence of Bias California law permits a defendant to request a different judge one time in a criminal case without the need to provide evidence of bias. This type of request, commonly referred to as a peremptory challenge, is governed by CCP § 170.6. 2. Change Based on Evidence of Bias If a judge […]
How to Win a Los Angles DUI because of Blood Draw
Often, during a DUI investigation, the police will ask a driver to submit to a blood draw. The blood draw will allow the police to obtain a sample of a Los Angeles DUI driver and then, using the blood sample, get results of a blood alcohol level in the blood. Here, Los Angeles DUI attorney discusses how to win a DUI case when blood is drawn from a person suspected of a DUI in Los Angeles and the results are over the legal limit. If the results are obtained by the Los Angeles DUI protection teams, Los Angeles DUI attorneys can either suppress the results all together or discredit the results so that the judge (or jury) will not believe […]
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 […]
Subpoenas: How to Get A Person to Come to Court or Get Records to Use in for Your Civil Administrative Or Criminal Case In Los Angeles
Here, Los Angeles Criminal Defense Attorney discusses very broadly on how to present your case in a Los Angeles Criminal or Civil Case, or how to present your case in an Administrative hearing, such as the DMV. If you are scheduled to have a trial or any other evidentiary hearing, you might have to present testimony of witnesses or documents to prove your case. The decision of what evidence, through testimony or documents, to present, if any depends on the facts of the case, the state of the law, and the burden of proof. It is best if such decisions are left to an attorney or other persons who know how the legal system works. For example, because in Los […]
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 […]