Defending a DUI in Los Angeles
One of the first questions that a lot of people ask when we talk about their DUI arrest is, do I have a defense? What can I do to defend my case? This is an important question because you need to start from the beginning in deciding what your strategy will be related to your DUI case.
Will it be a case where you will put on a defense? Does it make sense to do that? Or will it be a case where you want your attorney to work out a plea bargain for you? So, that's one of the biggest things I talk about in the first meeting with a client — what facts and circumstances we have that could mount to a defense.
The initial meeting is a pivotal moment that sets the tone for your defense strategy. It's not about wasting time on irrelevant defenses but about honing in on what's applicable to your case, ensuring a comprehensive and effective defense plan. This thorough approach should provide you with a sense of reassurance about the legal process.
You have to start with the facts of your case and see if it makes sense to mount some defense. People are getting arrested, charged, and convicted for DUIs every day. I mean, I'm sure, especially in California with so many people on the road, the numbers are staggering what's going on.
So, the bottom line is this. There's no magic pill to get out of your DUI. Either they've got the evidence, or they don't.
Potential DUI Penalties
What is essential, though, is there is a whole range of different things if you do have a DUI they can do to you. You could have a profound conviction on your record, affecting your future employment opportunities and personal relationships.
You could lose your license for an extended period, making commuting challenging or carrying out daily activities. You could end up with jail time, which can disrupt your life and lead to financial and emotional stress. They could make you put a scram bracelet on where you're not allowed to drink alcohol anymore during the probationary period, which can be a significant lifestyle change.
So, there's a whole host of different things. If you got in an accident, you could be facing prison time. So, yes, it's essential to assess whether you have a defense in your case, but it's also necessary to bear in mind that that's not the end of the story.
It's crucial also to consider the potential aftermath of a DUI conviction. Will it have a lasting impact on your life? A DUI conviction can lead to a significant loss of freedom, including the suspension of your driver's license, hefty fines, and even jail time. This is a key aspect that a reasonable Los Angeles DUI defense attorney will help you navigate.
Potential DUI Defenses
As far as defenses go, one defense that is utilized successfully and gets cases either dismissed or mitigated down to something less than a first-time DUI, and that is if your blood alcohol level is low. They can't prove that you couldn't safely operate a motor vehicle.
So, for those people who, for example, blew a .08 on the breath machine, even though technically that's a DUI, the machine they use has an error rate of .02, which means you could have been a .06.
So, that case could be fought and won, or it could be mitigated to something less than a DUI. This means that your attorney may be able to negotiate a plea deal for a lesser charge, such as a speed contest or a dry reckless, depending on the circumstances of your case.
There's always a potential for a successful defense strategy, which should give you hope and optimism, knowing that there are avenues to explore in your defense and a chance for a favorable outcome.
So, low blood alcohol level is one area that's ripe for defense in a DUI case. We're going to be looking at how you did on the field sobriety tests, how your driving was, how you were walking, and how you were talking — all of the things that the police are assessing when they're trying to determine whether you could safely operate a motor vehicle on the streets of Los Angeles.
In addition to whether your breath is low or high, we will look at whether you were driving the car when the police came. Sometimes, people get in accidents; they leave the car, go, and leave. There are often scenarios where the police do not come into contact while the person is driving the vehicle, so that's another area, in my opinion, that is ripe for a defense.
Part of the reason for that is when they get a breath or a blood result — let's say at 10 PM your breath result was a .11, which is over the legal limit — that would be a DUI. How does their expert determine your breath result at the time of driving? You are in the police station or the field, wherever they take your breath, and being a .11 is pretty meaningless.
The question is, what was your blood alcohol level at the time of driving? So, if they can't pinpoint when you were driving that vehicle or if a bunch of time has passed, then their expert is not going to be able to say what your blood alcohol level was at the time of driving, and therefore, they don't have a DUI case against you. So, that's another potential defense I've seen utilized in DUI cases.
All sorts of different circumstances can arise related to a DUI arrest. We could go on about what potential defenses are. But the bottom line is you need to take control of your situation and consult with an attorney. Explain what happened in your DUI arrest, and let your attorney guide you through the legal process, empowering you to make informed decisions about your defense.
Then, your attorney will have to get their hands on the police report so they can see that piece of the puzzle. Then, they will be in a position to assess (1) whether you have a defense and (2) whether it's a defense that's going to be successful in either getting the case dismissed or getting lesser charges related to your DUI arrest in Los Angeles. (3) Do you have a prior DUI arrest?
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