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 or drugs.
What is a McNeely Warrant?
A McNeely warrant refers to a court order that allows officers to conduct a forced blood draw to determine a driver’s blood alcohol content (BAC). This type of warrant is named after the landmark Missouri v. McNeely case, where the U.S. Supreme Court ruled that officers generally cannot draw blood without a warrant unless there are urgent circumstances.
In California, especially in Los Angeles DUI cases, police officers are well-versed in obtaining these warrants. If a person refuses to provide a breath or blood sample, officers can apply for a McNeely warrant on the spot. The application process is efficient: officers can submit their request via fax, phone, or email, and there is always an on-call judge (known as a “duty judge”) available to approve or deny the request. Thus, Los Angeles DUI investigations and warrants will not.
How Do Officers Obtain a Warrant in DUI Cases?
The process for obtaining a warrant involves submitting an affidavit—a written statement under oath that explains why the officer believes there is probable cause to conduct a blood draw. The officer must outline specific facts, which might include:
- Objective Signs of Intoxication (OSI): Slurred speech, bloodshot eyes, the odor of alcohol, unsteady gait, or delayed responses.
- Erratic or Unsafe Driving Behavior: Swerving, speeding, or failing to obey traffic signals can be used to justify probable cause.
- Field Sobriety Test Results: Poor performance on field sobriety tests, such as the walk-and-turn or one-leg stand tests, may be cited.
- Refusal of a Chemical Test: If the driver refuses a breathalyzer or chemical test, officers can use this refusal to justify obtaining a warrant.
Once the affidavit is submitted, the duty judge reviews it and, if the information appears sufficient, authorizes the warrant. The entire process can take as little as 15 to 30 minutes, ensuring that law enforcement can obtain evidence quickly. Looking at the timing of the warrant is very important because if the warrant was obtained prior to the refusal to submit to chemical testing, the judge can suppress the results of the breath test and cause the dismissal of the Los Angeles DUI.
Can the Warrant Be Challenged in Court?
Yes, a McNeely warrant can be challenged. As part of our defense strategy, we will obtain copies of the warrant and affidavit through the discovery process. This allows us to carefully review the documentation to identify any discrepancies or misrepresentations. Here’s how this could work in your favor:
- Inaccurate or False Statements: If the officer included false information in the affidavit—for example, claiming that you refused a chemical test when you actually did not—this could invalidate the warrant. We can file a motion to traverse the warrant, arguing that it was improperly obtained.
- Lack of Probable Cause: If the officer’s affidavit fails to demonstrate sufficient probable cause, we can argue that the warrant was not legally justified. If successful, any evidence obtained from the blood draw could be suppressed.
- Timing Issues: The timing of when the warrant was obtained and executed is crucial. If there are inconsistencies or delays that cannot be justified, this could undermine the prosecution’s case.
The Consequences of Suppressing Blood Test Evidence
Los Angeles DUI attorney and Los Angeles Criminal Defense attorney can successfully challenge the warrant and cause any evidence obtained as a result of the blood draw inadmissible in Los Angeles DUI trial. Without this key evidence, Los Angeles DUI prosecution would fall apart, potentially leading to:
- Dismissal of Los Angeles DUI Charges: If the blood test results are thrown out, the prosecution may have little choice but to drop the DUI charges, especially if there’s no other strong evidence of intoxication.
- Reduced Charges: In some cases, the prosecution might be forced to reduce the charges if the most critical evidence is suppressed and allow dismissal of DUI with a plea to lower charge, such as wet reckless, dry reckless, exhibition of speed, or drunk in public.
- Improved Negotiation Leverage: Challenging the warrant can also give us more leverage in negotiating a favorable plea deal, potentially avoiding harsh penalties like jail time, fines, or license suspension.
Why Choose Us as Your DUI Defense Attorneys?
Navigating a DUI case in Los Angeles can be overwhelming, especially if you’re facing serious charges that could affect your career, driving privileges and freedom. That’s why it’s essential to have an experienced attorney on your side who understands the intricacies of DUI law, including how to challenge the legality of McNeely warrants.
Here’s what sets Los Angeles DUI Attorney apart:
- Extensive Experience: With years of defending clients in Los Angeles DUI cases, Los Angeles DUI attorney is familiar with local courts, prosecutors, and police tactics. Los Angeles DUI attorney know what to look for when reviewing warrant affidavits and can identify flaws in the prosecution’s case.
- Aggressive Defense Strategies: Los Angeles DUI attorney will leave no stone unturned in defending your rights. From challenging the validity of the warrant to examining the evidence for inconsistencies, Los Angeles DUI attorney is relentless in seeking the best possible outcome for you in your Los Angeles DUI case.
- Personalized Approach: Los Angeles DUI attorney understand that every case is unique, and tailor his defense strategies to fit the specific circumstances of your case. The goal of Los Angeles DUI attorney is to achieve the best possible result for you, whether that means getting charges dismissed or negotiating a reduced sentence.
Requirement for a Warrant
The affidavit for the warrant must be signed under penalty of perjury. If the affidavit is not signed under penalty of perjury, then signing the warrant is invalid and must be reversed.
Get a Free Consultation Today
If you or a loved one has been arrested for a DUI in Los Angeles, it’s critical to act quickly. The sooner you have an attorney involved, the better your chances of building a strong defense.
Call or text us today at (323) 464-6424 for a free consultation. We’ll review your case, explain your options, and fight aggressively to protect your rights.
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