DUI
Greater Los Angeles Lawyer
Charged with a DUI?
Hire an Experienced Los Angeles DUI Trial Lawyer
Seppi Esfandi is a Top-Rated Los Angeles DUI attorney that’s dedicated to defending your rights. Esfandi Law Group has obtained favorable and positive outcomes in a wide range of California DUI Cases for over 22 years. We carefully examine every DUI case to identify any and all substantive and procedural weaknesses and challenges. With focus on the evidence, police behavior, testing, timing, witnesses and driver’s side of the story, Seppi utilizes and formulates a vigorous, personalized representation to accomplish the best possible outcome.
Defining a Los Angeles DUI Charge
Under Vehicle Code 23152(a) VC, a person can be charged with driving under the influence of alcohol even if there is no evidence of a blood alcohol content (BAC) of 0.08 percent or higher. There are various reasons why someone may face DUI charges in these situations. For instance, the chemical test results may still be pending at the time the case is charged, the driver may have refused chemical testing, or the driver may be under the legal limit but exhibiting signs of intoxication.
To prove that the defendant has committed the crime of driving under the influence of alcohol, the prosecutor must establish the following elements:
1-The defendant drove a vehicle.
2-When the defendant drove, they were under the influence of alcohol.
Being “under the influence” means that the person’s mental or physical abilities are impaired to the extent that they are no longer able to drive with the caution of a sober person under similar circumstances. It is important to note that the manner in which a person drives is not sufficient evidence of being under the influence, although it can be a relevant factor.
In order to stop a vehicle, a law enforcement officer must have probable cause that the driver is violating the law. This typically involves an independent violation of the Vehicle Code, such as speeding or improper lane changes. Mere suspicion or speculation that the driver may be drunk or impaired is not sufficient grounds for a traffic stop.
During a traffic stop, an officer may observe various symptoms of intoxication and may request the driver to perform field sobriety tests to determine their level of impairment. If the officer has reasonable suspicion that the driver is under the influence, they may request a breath sample on a Preliminary Alcohol Screening (PAS) device or proceed to arrest the driver on suspicion of DUI. Refusal to submit to chemical testing can result in additional charges.
The Most Common California DUI Charges:
- VC 23152(a) – California DUI
- VC 23152(b) – California DUI
- VC 23153 – DUI with Injury
- VC 23136 – DUI Under 21
- VC 23152 – Out of State DUI
- VC 23152(d) – Commercial DUI
What to Expect When Facing a DUI in Los Angeles
Many people get behind a motor vehicle, assuming they are in perfect condition to drive. However, the law does not always agree. Los Angeles County takes DUI cases very seriously and has some of the harshest penalties in the nation. The maximum legal blood alcohol concentration (BAC), while operating a motor vehicle, is 0.08%. If you exceed this number and are pulled over, you will be arrested and face serious consequences. Luckily, an experienced DUI attorney can help you avoid the steep penalties involved with a DUI. Here is an overview of what to expect:
Arrest
After 30 days of your arrest, your license will be suspended unless you request a hearing with the DMV to try to intervene within 10 days
Arraignment
You will face a criminal proceeding that will begin with an arraignment, in which the charges against you will be read to you. You will then enter your plea of “guilty” or “not guilty”. However, you should never plead guilty unless an attorney advises you to do so. Your attorney will then attempt to negotiate a favorable outcome, without needing to go to trial.
Pre-trial and Trial
Possible Dismissal
Not Guilty/Plea Bargain/Plea Bargain
What if I’m Drunk and Pulled Over?
Other Important Factors:
- DMV Administrative Hearing
- Field Sobriety Tests
- Chemical Tests
- More Resources
Chemical Testing and Timing is Crucial
Since Breathalyzer tests are quite accurate, readings of 0.08% or higher often result in a guilty verdict or conviction of the charges. If you are at risk, only take the blood test or the urine test.
So once again, if you’re drunk, DO TAKE THE TEST, but only take the blood or urine test.
Different substances can impact a driver in a multitude of ways, such as one’s judgment, alertness, concentration, motor skills, etc. Marijuana, ecstasy, LSD, Cocaine or virtually any recreational drug may affect one’s driving ability according to California law. For drivers suspected of drug-impaired driving, drug testing screens are typically performed in laboratories so that the results can be admissible in evidence during the trial. Chemical tests performed usually include blood or urine.
Even over-the-counter or prescription medicines may affect your ability to drive. Be sure and tell your attorney if you are taking any of these medications.
Chemical testing is a key issue. Accused drunk drivers often fear that if the test results are above the legal limit, they are inevitably guilty. However, there are many challenges to the validity of blood and urine tests.
An experienced Los Angeles DUI lawyer, such as Seppi Esfandi, has an arsenal of proven strategies to attack the results of chemical tests.
Will I Lose My Driver’s License?
If convicted, you may lose your license for a period of time. There are three main kinds of driver’s license suspensions and this includes:
Administrative Suspension
After 30 days of your arrest, your license will automatically be suspended. This process can be intervened by requesting a DMV hearing within 10 days of your arrest. Your chances of success will increase with the presence of an experienced attorney.
Full Suspension
If you are convicted of a DUI, your driver’s license could be revoked. During this period of suspension, you cannot operate a motor vehicle.
License Restriction
These penalties are difficult to deal with. It is vital to choose an experienced and well-informed Los Angeles criminal defense attorney to assist in your case. Your lawyer can help you in a multitude of ways. This includes stopping the administrative suspension, making sure you understand the requirements needed to get your license reinstated, etc.
Multiple DUI Charges
- First DUI
- Second DUI
- Third DUI
- Fourth DUI
We’re Here to Help
Here are three things a good DUI defense attorney can do:
Have them dropped
Now, while this is not easy to do, in some cases, your defense lawyer may be able to get your DUI charges dropped before you even get to trial. They make this possible by getting key evidence thrown out. Since the burden of proof falls on the prosecutor, if the key evidence is thrown out, there is no case.
Have them dismissed
Your DUI defense attorney can get the case dismissed by finding flaws the prosecutor has during the trial. If your lawyer can discredit the evidence enough, they can ask the judge to dismiss the case.
Have them reduced
Building a Strong DUI Defense
In some cases, the prosecution may be willing to negotiate a reduced charge. This could include a wet reckless charge, or dry reckless charge, which are substantially lesser offenses than a standard DUI. Your attorney will advocate on your behalf to secure the best possible outcome, whether that’s a dismissal, a reduction in charges, a favorable plea agreement, or trial.
Reducing the Charge
If all else fails you can always reduce the charge to a wet reckless or dry reckless via DUI plea bargaining. The most common plea reached is to reduce the California DUI charge to one of the following:
- “wet reckless” charge (California DUI Vehicle Code § 23103 per § 23103.5);
- “dry reckless” charge (California DUI Vehicle Code § 23103); and
- “exhibition of speed” charge (California DUI Vehicle Code § 23109(c)).
Hire a Los Angeles Drunk Driving Lawyer
Have you been wrongly accused, or need to tell your side of the story? Our experienced and affordable attorneys will be sure to fight for your innocence and achieve the desired results. The sooner you call us the higher your chances are to win your case.
Need a Los Angeles Drunk Driving Lawyer?
Attorney Seppi Esfandi can provide the guidance of a Certified Expert in California DUI Cases who has over 23 years of practice defending all types of DUI and criminal cases.
