DUI Defense Strategies in California
In Los Angeles, if you are found driving a vehicle with a blood alcohol concentration (BAC) of .08% or above or under the influence of drugs, you will be arrested for DUI – either as a misdemeanor or felony offense. California Vehicle Code 23152 VC covers most driving under the influence cases.
At Cron, Israels & Stark, our law firm is a leading authority in defending clients against any type of drunk driving charges in Los Angeles County. Our extensive experience and deep understanding of the legal system instill confidence in our clients, assuring them that they are in capable hands.
We are familiar with the problems prosecutors normally face when proving DUI cases. We have extensive experience in the courtrooms in Van Nuys, San Fernando, Burbank, Glendale, Metro Court, and LAX Airport, among others. We understand that even a first-time DUI arrest can have a devastating impact on your life, potentially leading to fines, license suspension, and even jail time. We will aggressively work to get your DUI charges reduced or dismissed, helping you avoid these serious consequences.
Our Los Angeles DUI lawyers provide a comprehensive overview below, ensuring that readers are well-informed about the effective defense strategies against driving under the influence charges. We leave no stone unturned in our defense strategies, providing you with the best possible legal protection and a sense of security during this challenging time.
By law, in order to convict you of DUI, the prosecutor must be able to prove all the elements of the crime beyond a reasonable doubt.
If you were arrested for DUI in Los Angeles, the most common charges include:
- Vehicle Code 21352(a) – Driving Under the Influence
- Vehicle Code 23152(b) – Driving with a BAC of .08% or Higher
- Vehicle Code 23153 - DUI causing injury
In order to convict you, the prosecution has to prove that you were driving under the influence and were not able to drive with the caution of a sober driver. This is normally proven by driving patterns, performance of field sobriety tests, and results of the blood alcohol chemical test.
Tin order to convict you of driving with a BAC of .08% or higher, the prosecution has to prove at the time you were driving – you possessed a blood alcohol content of .08% or more. We may be able to challenge this crucial element of the crime.
Under California law, judges have the discretion to offer defendants DUI alternative sentences when appropriate, such as attending a DUI deterrent program, in lieu of jail time.
Police Stop was Unlawful
In some DUI cases, our lawyers might be able to challenge the right of the police to have contact with you in the first place. This means challenging the probable cause police used to pull you over on a traffic stop. In order to stop you, police must have reasonable suspicion you committed some type of traffic violation.
Next, we could challenge the officer's right to detain you longer than necessary to write a ticket for the traffic violation and investigate the DUI. In order to extend detention, police must have reasonable suspicion that you are under the influence. We could also challenge the officer's right to arrest you based on a lack of probable cause that you committed a crime.
Attacking DUI Chemical Test
Our lawyers can also challenge the chemical test used to produce your blood alcohol content result. Chemical testing is controlled by Title 17 of the California Code of Regulations, which contains guidelines for conducting chemical tests.
The guidelines require that you are observed continuously for 15 minutes prior to performing a breathalyzer test, and machines used to test your breath or blood have to be calibrated properly. Hence, the margin of error is .01% or less.
They also state that if a BAC test is performed more than three hours after you were stopped, the test is not to be presumed an accurate indication of your BAC when you were driving. In these situations, the prosecutor has to offer expert witness testimony to form an opinion about your BAC when you were driving. The expert has to consider other evidence beyond the actual BAC result – including breath tests, field sobriety tests, and your statements.
Our experienced DUI lawyers will take all steps to challenge the validity of the BAC test results by attacking the accuracy of the machines, the validity of the results, or the timing of the test. If you provided a blood sample for the chemical test, we can arrange to have a portion of your blood sample independently tested by a third-party laboratory.
Motion to Suppress Evidence
Our lawyers will obtain any audio or video of the DUI stop and arrest – including dash cam video – in an attempt to discredit the police officer's version of events to support a Motion to Suppress under California Penal Code 1538.5. This is a formal request that a Judge suppress certain evidence based on the fact it was obtained illegally and violated your Constitutional Rights.
It could be based on whether the officer lacked probable cause for the traffic stop, lacked reasonable suspicion to conduct a DUI investigation, or lacked probable cause to arrest you. A successful Motion to Suppress could lead to a case dismissal, offering a glimmer of hope and a potential for a favorable outcome.
In some cases, your statements to the police could also be suppressed, providing further opportunities for a positive resolution. Violations of Title 17 of the California Code of Regulations can be a powerful tool in your DUI defense strategy.
Example of Successful Motion to Suppress
Here is an example of a successful DUI dismissal after filing a Motion to Suppress a defendant's Statements. This example is based on a real case we handled, and it illustrates how a successful Motion to Suppress can lead to a favorable outcome for the defendant.
Someone was pulled over while driving for playing loud music, but they were not observed driving in a manner that might suggest they were intoxicated. However, during the stop, they were able to establish reasonable suspicion that they were under the influence.
The police officers called for assistance from another officer to conduct a DUI investigation, but while waiting, they handcuffed the driver and placed them in the back seat of their patrol car.
When the assisting officer arrived, he removed the handcuffs and began asking the driver questions about if they had consumed alcohol. And started some field sobriety tests but never performed a breath test at the scene.
After his DUI investigation, the driver was arrested for driving under the influence and taken to the hospital to have their blood drawn – which, by now, occurred over 3 hours after police stopped them.
Recall Title 17 above – due to the fact the blood was drawn more than 3 hours after he was stopped, an expert witness would need to establish his BAC. This expert witness is a crucial part of the prosecution's case, as they could only make this determination using the driver's statements about his drinking pattern. Without it – the expert witness didn't have enough information to form an opinion, which weakened the prosecution's case.
The case proceeded to court, where a Motion to Suppress the statements was filed – making an argument that since the driver was handcuffed in the back of the police car before questioning – he was already under arrest; the police needed to read his Miranda rights before asking him questions. Since the prosecutor's expert couldn't form an opinion on their BAC when driving, they had to dismiss the DUI charges.
Contact our Lawyers for Help
Our DUI lawyers have decades of experience and a track record of success defending clients against any type of driving under the influence case. We need to examine the details of your DUI carefully to develop the best strategy.
We will use all our resources to obtain the most favorable outcome in your drunk driving case. We might be able to reduce the charges or avoid a conviction through a diversion program. Our DUI lawyers will work aggressively while litigating your case in court.
In California, you can get a DUI expunged if you have completed probation, which typically involves paying fines, DUI school, AA or NA counseling, MADD program, alcohol testing, community service, or Caltrans work.
Cron, Israels & Stark is a Los Angeles criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We offer a free case evaluation by calling (424) 372-3112.
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