Los Angeles DUI Attorneys

California Laws on Driving Under the Influence

California has two basic driving under the influence laws, found in Vehicle Code section 23152, sections (a) and (b):

• 23152(a): It is a misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b): It is a misdemeanor to drive with .08% or more of alcohol in your blood.

Vehicle Code section 23153 states that the felony DUI provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe vehicular manslaughter where there is a death. You have legal rights that police often disregard.

• There must be legally sufficient facts to establish probable cause, to stop, detain, and arrest you.
• Submission to field sobriety testing and portable field breath is not required by law.
• If you are arrested, they must state your constitutional rights- called a Miranda warning- before any further questioning commences.
• You must be given a choice of breath or blood testing, and if refused you must be advised of the implied consent.
• If a breath test is administered at the police station, a blood sample must also be taken so that there is evidence saved for later testing by a defense attorney.

Keep in mind that most forms of breath analysis, however, are non-specific for alcohol meaning that they measure different chemical compounds and falsely report them as alcohol.

More than fifty law enforcement agencies in Los Angeles County are charged with the enforcement of California Vehicle Code (CVC) Sections 23152 and 23153. These sections pertain to Driving Under the Influence of alcohol, drugs, fatigue or any combination thereof.

When you are stopped and tested

Thousands of police officers are on the street ready to enforce the DUI laws at any given time. These officers are trained to stop vehicles that display erratic driving behavior. The questions the officers ask, the responses they receive, and their observations of the driver will determine the next step. If sobriety is in question, then the officer will request that the driver submit to further testing. Because DUI is possibly the most common CVC arrest made by most patrol officers during their shift, these officers are very experienced in field sobriety testing. Such testing can include:

• Checking the eyes for reaction to light
• Testing balance and agility
• Assessing verbal acuity
• Performing a breath analysis with a Breathalyzer

Typically, upon your arrest, a medically trained individual performs a blood test for further testing. According to the California Vehicle Code, a blood-alcohol level of .08% or more is sufficient to conclude impairment. Costly penalties and damaged reputations can result. California DUI penalties are very complex and determined by a number of factors, including:

• Prior convictions
• Speeding of 20 mph over the limit
• Having a child under 14 in the vehicle
• A blood-alcohol level over .15%
• Refusing to submit to sobriety or chemical testing.

DUI penalties are further influenced by:

• The facts of the case
• Local policies
• Any weaknesses in the prosecution's case uncovered by the defense attorney
• The reputation of that defender

Penalties can include any or all of the following:

• A monetary fine
• Jail time
• License suspension

All are very costly and can be a major setback to both your life and the lives of your loved ones. The damage to your reputation can be irreparable.

The right attorney can make the difference between severe penalties and a positive resolution to the situation. A skillful attorney can raise a wide variety of issues that might help resolve the situation, including:

• The size of a person and the way they metabolize alcohol are determining factors when assessing how many drinks it takes to reach .08%. Another factor is the period of time during which the drinks were consumed.
• A Breathalyzer may read strong aromas other than alcohol, including garlic, onions, strong herbs, mouthwash
• The taking of a blood sample too long after an arrest may give a reading that includes alcohol absorption which occurred after the arrest