If you or a loved one has been arrested for an alleged Violation of Vehicle Code Section 23152(a) or 23152(b) for a DUI, you need an experienced Los Angeles DUI Lawyer by your side to fight vigorously against the Prosecutor. Often times people arrested for DUI are terrified as to the consequences that could follow because it is the first time they are dealing with criminal charges. Naturally, they wonder whether they will have to serve jail time, whether their job will be affected, or whether their license will be suspended.
Over the last few decades, law enforcement officials have began to take DUI offenses much more seriously. In the past, a DUI was a mere “slap on the wrist.” Nowadays, a DUI can result in 3-9 month long DUI classes, thousands of dollars in fees, and even jail time.
This is why it is imperative to hire an Experienced Los Angeles DUI Lawyer who will fight in your corner and handle each and every aspect of your DUI case. This starts with immediately scheduling your DMV Hearing to prevent your driver’s license from being suspended.
Scheduling your DMV Hearing to Prevent License Suspension
Upon being arrested for a DUI, the first action that must be taken is to schedule a DMV hearing within 10 days of your arrest. If the DMV hearing is not scheduled in a timely manner, your license will be automatically suspended.
Once the DMV Hearing is scheduled, the more grueling task is to deal with the actual Criminal charges that stem from Driving Under the Influence (DUI). A standard DUI is a Misdemeanor offense that is punishable with up to one year in county jail. A DUI can become much more complex when it is a second or third time DUI, and a fourth DUI can result in a Felony filing.
Fighting your DUI Charges with an Experienced Los Angeles DUI Lawyer
There are multiple ways to fight your DUI. First and foremost, the Police Officer or Sheriff who pulls you over has to have a “reasonable suspicion” in order to stop you. This could stem from a number of things such as not having valid license plates, current tags, or having a broken tail light. In other words, the officer can stop you for some kind of traffic violation that can later lead to a DUI investigation.
1. Challenging the “Stop”in a DUI Investigation
The very first thing that can be challenged is the actual “stop” itself. In order for a Police Officer or a Deputy Sheriff to stop you, they must have “reasonable suspicion” to stop you. Reasonable suspicion is a standard of proof that is more than a suspicion or hunch but less than “probable cause.” It generally requires that the suspicion be based on “specific or articulable facts.” If the stop lacks reasonable suspicion, this is the first avenue that can be attacked to beat your case.
2. Title 17 of the California Code of Regulation / Field Sobriety Tests (FST)
The next possibility to consider is that there may have been issues with the procedural aspect of the investigation, such as how your blood or breath sample was preserved. Title 17 of the California Code of Regulation dictates the proper procedures for collecting and store blood and breath—if an officer does not comply properly, this may be grounds for complete dismissal of your case.
Additionally, the Field Sobriety Tests can be attacked because they are administered improperly. For example, officers can give inadequate or confusing instructions that ultimately lead to what the officer describes as poor performance. In reality, the performance is based off miscommunication by the officer, and not impairment from alcohol or drugs.
3. Police Misconduct in DUI Investigations
Finally, the catch-all is officer misconduct. Did the Police Officer or Deputy Sheriff act in a matter that was inconsistent with the professionalism required of those who are required to protect and serve us? Shoddy police work is often times a great way to attack not only DUIs, but any case. It calls into question the credibility of the officer, and if the credibility is lacking, the case is completely weakened.
What are the Possible Consequences for DUI?
Depending on the number of weaknesses that are found in your DUI case, there are a number of different outcomes that could take place. If any number of the above issues are found in your case, an Experience Los Angeles Criminal Defense Lawyer can prepare the necessary motions to fight your case. If successful and said motions are granted, your case can be dismissed. Otherwise, setting your case for trial is one other way your case can ultimately be dismissed, if the People cannot prove their case beyond a reasonable doubt.
If your case is not dismissed through motion work or you do not opt for trial, there is still much that can be done to fight your case. An Experienced Los Angeles DUI Attorney can negotiate a plea deal to prevent jail time, prevent extended DUI classes, and more. Our attorneys at Gould & Jefferson of Beverly Hills have the experience required to deal with the difficulties surrounding a DUI arrest.
Call an experienced Los Angeles DUI Lawyer today for a FREE consultation at (310) 899-9529 so we can get started for you right away. Los Angeles Criminal Defense Lawyers Nathan H. Soleimani and Ryan Naim have the experience you need to fight your case. We are located at 8383 Wilshire Blvd., Suite 1038, Beverly Hills, CA 90211.
JURY INSTRUCTIONS FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL
In order for the Prosecution to prove the elements required for a DUI, they must show either of the following beyond a reasonable doubt.
Driving Under the Influence Vehicle Code Section 23152(a)
1. The defendant drove a vehicle;
AND
2. When (he/she) drove, the defendant was under the influence of an alcoholic beverage, or a drug, or under the combined influence of an alcoholic beverage and a drug.
A person is under the influence if, as a result of drinking or consuming an alcoholic beverage/ and/or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, usingordinary care, under similar circumstances. The manner in which a person drives is not enough by itself to establish whether the person is or is not under the influence of an alcoholic beverage or a drug, or under the combined influence of an alcoholic beverage and a drug. However, it is a factor to be considered, in light of all the surrounding circumstances, in deciding whether the person was under the influence.
Driving Under the Influence Vehicle Code Section 23152(b)
1. The defendant drove a vehicle;
AND
2. When (he/she) drove, the defendant’s blood alcohol level was 0.08 percent or more by weight.
If the People have proved beyond a reasonable doubt that a sample of the defendant’s blood/breath was taken within three hours of the defendant’s alleged driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the defendant’s blood alcohol level was 0.08 percent or more at the time of the alleged offense. In evaluating any test results in this case, you may consider whether or not the person administering the test or the agency maintaining the testing device followed the regulations of the California Department of Public Health.
CALL GOULD & JEFFERSON OF BEVERLY HILLS FOR A FREE CONSULTATION WITH AN EXPERIENCED LOS ANGELES DUI LAWYER TODAY: (310) 899-9529.
