Los Angeles California DUI Lawyer

Do You Have a Solid Defense Strategy?

DUI (Driving Under the Influence or Drunk Driving) is one of the most frequently charged crimes in the Los Angeles area. If you find yourself facing a DUI charge, it is crucial to understand the legal process and the potential consequences. We will guide you through the DUI process in any Greater Los Angeles courtroom, explain the importance of hiring a proficient DUI attorney, discuss the possible defenses you can use, and outline the penalties you may face.

What to Expect When Facing a DUI in Los Angeles

California DUI Charges:

• VC 23152(a) – California DUI
• VC 23152(b) – California DUI
• DUI Under 21
• Out of State DUI
• Commercial DUI
• DUI with Injury

Driving under the influence is not uncommon. Many people get behind a motor vehicle, assuming they are in perfect condition to drive. However, the law does not always agree. California 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: During a pre-trial phase, the prosecution shares all the evidence with your attorney. An experienced attorney will carefully examine this evidence to find all substantive and procedural weaknesses, undermining the testimony of the arresting officer. These strategies can be used to negotiate a plea bargain, or during a trial to win your case.
• Possible Dismissal: If your DUI lawyer discovers a flaw in your case, he may argue to the prosecuting attorney that it’s no longer worth pursuing. If successful, your case may be thrown out and you won.
• Not Guilty/Plea Bargain/Sentencing: If you convince the court of your innocence, you will be found not guilty and you won. If you are convicted, either at a trial or by accepting the plea bargain, the judge will issue a sentence. Even in this phase, your attorney will formulate a strategy to obtain the lightest sentence possible.

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Other Important Factors:

• DMV Hearing
• Sobriety Field 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.

Law Enforcement in Los Angeles are required to give you a choice between a breath, blood or urine test. If they failed to do this, call an attorney immediately because the police violated proper procedure. The police are also required to inform you that refusing either test is a crime. You must take one or the other.

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:

1. 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.
2. 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.
3. License Restriction: If your license is restricted, you are only allowed to drive to/from certain places, such as work, doctor appointments, court appearances, etc.

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.

Do You Have Multiple DUI Charges?

Multiple DUIs within a ten year span have higher stakes with each conviction. Click on the links below for information regarding these penalties:

We’re Here to Help

Here are three things a good DUI defense attorney can do:

1. 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.
2. 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.
3. Have them reduced – While this is usually the last resort for your lawyer, they can help you negotiate a bargain that will help get your charges reduced.

Building a Strong DUI Defense

When facing a DUI charge in Los Angeles, it is crucial to develop a strong defense strategy tailored to the unique circumstances of your case. While there is no one-size-fits-all approach, certain aspects of DUI defense strategies are commonly employed. By conducting a meticulous investigation and paying attention to detail, your defense lawyer can identify evidentiary weaknesses that can be leveraged during plea negotiations or presented in court.

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.

Examination of Probable Cause

One critical aspect of a DUI defense strategy is examining the probable cause for your vehicle stop and subsequent arrest. This involves scrutinizing the actions of law enforcement officers to ensure that they had valid reasons to initiate the traffic stop and suspect that you were driving under the influence. Any inconsistencies or violations of your rights during this process can be used to challenge the validity of the arrest.

Compliance with California Code Title 17

During the investigation and collection of chemical evidence in a DUI case, it is essential to ensure that the arresting officer complied with the California Code under Title 17. This code outlines specific protocols and procedures that must be followed when conducting chemical tests, such as breathalyzer or blood tests. Any deviations from these regulations can cast doubt on the accuracy and reliability of the test results.

Maintenance and Calibration Records

Another crucial element of a DUI defense strategy is the examination of maintenance and calibration records for the breathalyzer or other testing instruments used. These records provide insights into the reliability and accuracy of the instruments. Additionally, reviewing the use logs of these instruments can help identify any potential issues or inconsistencies that could be used to challenge the validity of the test results.

Subpoenaing Witnesses

To strengthen your defense, your Los Angeles Drunk Driving Lawyer may choose to subpoena the arresting officer and/or the lab technician for cross-examination at your DMV hearing or trial. Cross-examining these witnesses can help uncover any discrepancies or weaknesses in their testimonies, potentially undermining the prosecution’s case against you.

Review of Audio and Video Recordings

In today’s digital age, law enforcement officers often utilize audio and video recording devices, such as police vehicle dash cams and body cameras. Obtaining and thoroughly reviewing these recordings is a crucial step in a DUI defense strategy. These recordings can provide valuable evidence that may support your case or reveal procedural errors or inconsistencies that can be used to challenge the prosecution’s version of events.

Independent Retesting of Chemical Specimens

To ensure the accuracy and reliability of chemical specimens (blood and/or urine) collected during a DUI investigation, it is advisable to have them retested by an independent toxicology lab. This step helps verify the validity of the initial test results and can uncover potential errors or contamination that could weaken the prosecution’s evidence.

Access to Police and Investigative Reports

As a client, you have the right to access all the evidence against you. Your involvement in reviewing and understanding the evidence is crucial for achieving a successful resolution to your case. A reputable Los Angeles Drunk Driving Lawyer will provide you with copies of all police and investigative reports, allowing you to fully comprehend the prosecution’s case and collaborate effectively in building your defense strategy.

Hire a Los Angeles Drunk Driving Lawyer

Facing a DUI charge in Los Angeles is a serious matter that requires expert legal representation. By understanding the DUI process, the different types of charges, and the strategies to build a strong defense, you can navigate through the legal system with confidence. Remember, every case is unique, and it is crucial to consult with an experienced Los Angeles DUI Lawyer who can assess the specifics of your situation and develop a tailored defense strategy. With the right guidance and a strong defense, you can protect your freedom and your driver’s license.

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? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert California DUI Attorney who has over 22 years of practice defending a variety of criminal cases.

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Need a Criminal Defense Attorney? CALL NOW: 310-274-6529