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ALL THAT YOU NEED TO KNOW REGARDING THE LAWS FOR DUI IN LOS ANGELES, CA
The DUI laws in Los Angeles, California are very clear. According the California Vehicle Code Section 23152 everyone commits an offense who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not. A conviction may be a life altering experience.
There are two sides to this. The first one is where there is an impairment due to the consumption of alcohol or drugs, and the person is unable to operate the vehicle. The second is where someone has consumed so much alcohol that its concentration in his or her blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
Over the years, DUI offenses have constituted the bulk of criminal cases on trial in the courts in Los Angeles or California. As experienced DUI attorneys, we have consistently defended our clients on DUI charges by challenging the prosecution on highly technical grounds.
FURTHER LOS ANGELES LAWS ON DUI THAT YOU NEED TO KNOW
The most heavily-litigated criminal cases in Los Angeles, CA are related to DUI laws. However, the proof for impaired driving and later conviction is largely based on the observation of eye-witnesses and the investigating officer. While proof of an over 80mg offense entails taking a breath sample or blood sample to measure the level of Blood Alcohol Concentration (BAC), it can be more complex in the case of impaired driving due to the consumption of drugs. In this case, an evaluation performed by a Drug Recognition Expert and drafting of reports is required to charge the accused.
WHAT IS REQUIRED TO JUSTIFY A DUI OFFENSE UNDER LOS ANGELES DUI LAWS
Few of the essential elements that are necessary to prove an offense under the laws of DUI is the time, date, jurisdiction and the identity of the accused. Apart from these, there are laws under the California Vehicle Code Section 23152 which empowers the officer to detain an accused on reasonable suspicion that there is alcohol or drugs in his/her body and that the accused was operating or was in care or control of the vehicle. The officer also has to prove beyond a reasonable doubt that the accused had an impaired ability to drive at that time and that alcohol or drugs caused the impairment.
ADDITIONAL PROOF REQUIRED FOR JUSTIFYING A DUI ARREST UNDER LOS ANGELES DUI LAWS
According to the California Vehicle Code Section 23152, the essential elements for proving an offense for laws of DUI include time and date, jurisdiction and identity of the accused. However, section 23152(b) under laws for DUI is based on the situation where the Blood Alcohol Concentration (BAC) of the accused is over 80. It’s simply not enough that you were under the influence and the prosecutor has to prove that you were driving under the influence. According to the courts in California some movement of the vehicle is required in order to constitute driving. Further the courts are of the view that the said movement may be proven by circumstantial evidence.
The term “Circumstantial evidence” is any kind of evidence that doesn’t directly point towards guilt, but can be inferred from the surrounding circumstances.
As per the law, each sample of the blood is taken as soon as the offense is committed and the first sample should not be taken later than 2 hours after the incident. Apart from this, there should be an interval of at least 15 minutes between subsequent samples. The samples have to be taken directly into an approved instrument handled by a qualified technician whose admittance is later determined by the court.
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For first time offenders, getting pulled over under DUI laws can be traumatizing. However, you are presumed to be innocent until proven guilty and it is the duty of the prosecution to establish that you are, in fact, guilty. Based on certain lapses by law enforcing officers in following the rules, combined with effective legal strategies implemented by your DUI lawyer, you can win a DUI case. The ways of beating a DUI are as follows:
- Challenging the legality of the DUI checkpoint stop
- Taking Mouth Alcohol as a defense
- Taking medical defenses such as GERD, Hiatal Hernia and acid reflux
- Ketosis as a result of Diabetes or Low-Carb diets
- Citing Title 17 Violations
- Proving to the court it was simple bad driving and not DUI
- Taking Radio Frequency Interference as a DUI defense
- Showing that you were not driving
- Proving that no mental impairment means, no DUI offense
- Showing to the court that there was lack of probable cause for a DUI stop
- Disputing the Suspicion that you were under the influence.
- Questioning the Field Sobriety Tests
- Challenging the Blood Alcohol Concentration results from breath tests
- Challenging the results of the blood tests
- Showing and proving that the arrest at the DUI Checkpoint was illegal
- Asserting the failure of the officer to read your Miranda Rights
- Alleging racial profiling or some other misconduct
- Making a Rising Blood Alcohol Content argument
- Citing a failure to issue implied consent warning
LOS ANGELES DUI DEFENSE ATTORNEY WITH CONSISTENT RESULTS
WE FIGHT DUI CHARGES TO THE GROUND AND OUR SUCCESS RATES SPEAK FOR THEMSELVES.
Defense of the accused in impaired driving cases in Los Angeles begins with gathering evidence at the site as well as establishing that all the charter issues have been strictly followed by the officer who has imposed the charges on the accused.
The first major way of identifying a DUI related violation is a breath test, but even breath tests can have faults in them. Factors such as malfunctioning of the instrument in question or the said instrument picking up unrelated physiological factors that can cause it to display a higher than accurate number, cannot be overlooked. Acid reflux, dental work and mouthwash, or even something as basic as the driver chewing tobacco prior to the incident, are the things we are talking about. People who suffer from diabetes usually excrete ketones through their breath and as a result of their interior chemical processes, those ketones convert into isopropyl alcohol, which can be mistaken for the alcohol we drink, in a breath test.
OUR APPROACH AS AN EXPERIENCED DRIVING IMPAIRED LAWYER IN LOS ANGELES
One of the primary aspects that need to be established in a DUI case is proof of the offense. Our experienced impaired driving lawyer will embark on several procedures in order to evaluate whether all laws have been followed strictly. Essential elements include time and date, the identity of the accused, and the jurisdiction. These all have to be looked into. Apart from this, the officer is required to have reasonable grounds to suspect that the accused’s impaired ability is caused by the consumption of alcohol or drugs. We will try to poke holes in the idea that the officer had reasonable grounds to do so.
In addition, a police officer can demand physical coordination tests to check for sobriety. Based on these tests, a further demand can then be made for an approved instrument check, a blood test or one for drug evaluation. An experienced driving impaired lawyer will seek to determine whether all the legal procedures were followed before the DUI charges are imposed. Our team will use this information to build a defense in your case.
The process of confirming the impaired driving offense is also carried out by our driving impaired lawyer in order to determine if the laws have been followed. In order to prove that the Blood Alcohol Concentration (BAC) was above the limit of 80mg in 100ml of blood, the first sample should have been drawn as soon as possible and in any case not later than 2 hours after being pulled over. Subsequent samples should have been taken in 15 minutes intervals. For breath samples, an approved instrument should have been used and operated by a certified technician whose report will be placed on trial. If this protocol was not followed, we will use this to dismantle the prosecution’s case.
The amount of alcohol in your blood known as blood alcohol concentration (BAC) determines impaired driving as an offense. The maximum legal limit for the amount of alcohol in the blood in Los Angeles is 80 milligrams of alcohol in 100 milliliters of blood which is 0.08 and any amount above 0.08 is considered as a criminal offense.
The Consequences for impaired driving are defined as per the according to the amount of Blood Alcohol Concentration.
- Certain drivers cannot have any amount of alcohol in their blood such as drivers aged 21 and under and novice drivers regardless of their age. There is a Zero Tolerance Law for DUI offenders below age 21 and if you fall under the said category and you happen to be caught with an alcohol above the limit then your license will be suspended for a period of one year along with a fine which may go up to $300.
- The consequences for drinking and driving can differ depending on the number of instances in the case where the BAC test is in the Warn Range (0.05-0.08) or if you fail a Standard Field Sobriety Test. The penalty will increase with every instance of impaired driving.
CONSEQUENCES OF DUI WHEN YOU’RE NOT CRIMINALLY CONVICTED IN LOS ANGELES
First DUI Offense
The first instance of impaired driving includes a fine of up to $1000, jail time that may go up to 6 months, a six months license suspension, probation for a period of 3 years and may have to get an ignition interlock device in their vehicle.
The second instance of impaired driving includes a fine of up to $1000, up to one year jail time, license suspension for up to 2 years, probation for a period of 3 years and installation of an ignition interlock device.
The third instance of impaired driving includes a fine of up to $1000 along with penalty assessments, jail term for up to one year, license suspension for up to 3 years, probation for a period of 5 years and installation of an ignition interlock device.
There are simple ways of avoiding the impaired driving or drunk driving consequences. They include:
- Hiring a driver to get you home whenever you are under the influence of alcohol.
- If you are using any prescription medication, you should inquire if they will have any side effects when combined with alcohol.
- Avoid driving even if the alcohol amount consumed is less than the legal limit.
Do not hesitate to contact us in the event that you find yourself in a situation where you need a Los Angeles DUI Lawyer. We can successfully assist you in building a case to protect you from all implications, and fight for a future free of a criminal record.
TIPS FOR AVOIDING IMPAIRED DRIVING CONSEQUENCES IN LOS ANGELES, CALIFORNIA
The criminal code sees drunk driving as a serious criminal offense, and the drinking and driving consequences may include:
- Cancellation of license
- Impoundment of vehicle
- Payment of monetary administrative penalty
- Need to attend an education or treatment program
- Imposition of hefty fine
- Ending up with a criminal record
- Spending time in jail
- Installation of an ignition interlock device in the vehicle
- Face probation for a period that may go up to five years
Los Angeles DUI lawyer makes sure that you create the best chance of protecting yourself from these penalties in the case of a DUI arrest. As one of the most experienced DUI law firms in Los Angeles, California, we fight for our clients and we know how to beat a DUI case.
3203-506 S Spring St,
Los Angeles, CA, USA
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