The Role of a Los Angeles DUI Criminal Attorney in Determining If BAC Can be Used as Evidence

Driving under the influence of alcohol or drugs under California Vehicle Code 23152(a) VC and California Vehicle Code Section 23152(b) VC is one of the most widely charged criminal offenses in the LA and is the one that can alter the future course of life of an accused. With heavy penalties and life altering punishments, getting charged with a DUI offense is something you do not want.

Every day, law enforcement officers from the various departments and agencies such as California Highway Patrol, the Los Angeles Police Department, Los Angeles County Sheriff’s Department religiously patrol the streets and freeways of Los Angeles in order to get their hands on impaired drivers. Under the law it is a crime to operate a motor vehicle while under the influence of drugs or alcohol or with blood alcohol content of 0.08 percent or above.

When one is required to give a breath sample to a qualified technician using an approved instrument there are two things that need to be determined before using the blood alcohol concentration (BAC) as evidence.

• The BAC taken at the time when samples are provided.

• Based on this reading, the person’s BAC at the time of offense.

The prosecutor relies on the certificate offered by a qualified technician, who outlines the analysis of the breath samples when the prosecution presents the case. This is known as the presumption of accuracy.

In order to defend a DUI case, it is crucial to cross-examine key witnesses in order to break-down the idea that they are reliable. In addition, it is important to gather evidence. In tandem, this strategy helps our office create an excellent case. As a reliable and experienced DUI criminal defense lawyer, we focus on creating a reasonable doubt in the mind of the judicial decision-maker by making the court re-consider and re-evaluate the evidence placed before it.

What are the consequences of drinking and driving?

The criminal code sees drunk driving as a serious criminal offense, DUI 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

How do you beat a DUI charge?

Based on certain lapses by officers, combined with effective legal strategies implemented by your DUI lawyer, you can beat a DUI case. By pleading not guilty, you make sure that all of the details of the arrest are brought in front of the court, to be tried. This gives your DUI defense lawyer an opportunity to argue that the police made mistakes and to pick apart the prosecution’s arguments. 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.

How much does a DUI lawyer cost?

If you are wondering what your DUI lawyer cost will be, it is important to keep in mind that the cost of defending your case will depend on some factors. Firstly, the number of days the trial requires is an important element to determining the final cost. However, you dont need to worry since a trial lasts only a few days in an impaired driving case. Secondly, the amount of disclosure in your case such as the number of witnesses, expert reports, etc., will also matter. Thirdly, the amount of time your lawyer will have to devote to the case is another factor. Fourthly, the cost will also depend on whether you are hiring a private investigator, a toxicologist or another expert.

How do you get out of a DUI charge?

Getting out of a DUI is the first thing most people think of when they are charged with an impaired driving offense. The charges in a DUI offense are often dropped because of one of two reasons. These are:

Your lawyer can pinpoint serious and major flaws in the prosecution’s case, which makes it inappropriate for them to prosecute.
Given the overall facts of the case, the prosecution agrees to a plea bargain for a lesser charge, such as careless driving, instead of going ahead with a criminal DUI prosecution.

What are the chances of getting a DUI dismissed?

The chances of getting a DUI dismissed mostly depend on the facts of the case. Every case is unique. Getting a DUI case dismissed is something that can only be assessed by a DUI attorney after going through the facts of the case. A knowledgeable, experienced DUI lawyer understands the many strategies and tactics for getting a DUI case dismissed. To do so, your lawyer will first have to assess the precise facts of the case.