Reader’s Question:

Hi, I live in Los Angeles, California and I haven’t actually been arrested for DUI. But in case I will be charged for DUI and I get a lawyer, what knowledge should a lawyer have when it comes to different blood alcohol testing methods used in a DUI case?

Kate

Los Angeles, CA

If you get arrested for DUI in Los Angeles, California, you definitely have a choice of a breath, blood or urine test to find out your blood alcohol level. This is the reason why every DUI defense lawyer should have sufficient scientific knowledge in order to effectively cross-examine the state’s expert, as well as to present defense expert testimony. Mouth alcohol, absorption, interfering substances, peak and elimination of alcohol, chemistry and other scientific issues are extremely critical in representing a person accused of DUI.

Being knowledgeable on the various breath, blood and urine testing methods and their scientific principles is also required for the competent DUI defense lawyer. Every blood alcohol testing device has its own unique strengths and weaknesses. Those weaknesses should be explored in front of a jury in order to provide the defense with effective assistance of counsel. In several occasions, the chemical testing machines are neither properly operated nor calibrated and this can be attacked by a good DUI defense lawyer who has enough knowledge on the information about how chemical testing machines are being maintained.

Tags: blood alcohol test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

A friend of mine was recently charged with DUI here in Los Angeles, California and he doesn’t want to go to trial because he wants to have this over and done with. I heard that he is hoping to have the DUI charges reduced that’s why he is planning to plead guilty. Question is, if his DUI charge will be reduced to wet reckless, will this be considered as a prior in case he gets arrested again for DUI in the future?

Abbie

Los Angeles, CA

You gotta tell your friend that there is a lot at stake if he pleads guilty for his DUI charge in Los Angeles, California and just hope that his charges will be reduced. Yes, there are certain ways that the DUI case could be resolved without proceeding to trial. But I strongly suggest that he seeks professional legal advice first before doing anything he might regret later on. On the other hand, there are some DUI cases that plea bargaining would be appropriate and he has to remember that each DUI case is different, and there are times that admission of guilt to the DUI charge would be in his best interest.

He may have the DUI charge reduced to wet reckless which is an alcohol-related reckless driving. In several respects, wet reckless is no different from a DUI charge which means that if he gets arrested for a similar offense within 10 years, the wet reckless conviction would be considered as a prior DUI conviction. Moreover, most auto insurance companies would treat a wet reckless conviction just like a DUI conviction. But there would be some benefits of having the DUI charge reduced to wet reckless because there would be no mandatory DUI school with this charge and no mandatory driver’s license suspensions or restrictions.

Tags: drunk driving laws, DUI, DUI lawyer, DUI trial

Reader’s Question:

I was told that there is an alternative to jail term if my cousin will be convicted for his DUI in Los Angeles, California. What kind of alternative is this and how does this work?

Kason

Los Angeles, CA

If your cousin would be sentenced to jail for his DUI charge in Los Angeles, California, there is an attractive alternative to a jail term which is an electronically monitored “house arrest,” or home detention. The correctional administrator can offer this program under which minimum security inmates and low-risk offenders committed to a county jail can voluntarily participate in a home detention program during their sentence in lieu of confinement in the county jail.

The home detention usually involves periodic telephone checks, wearing a bracelet or anklet transmitter, or both telephone checks and wearing a transmitter. The restriction isn’t necessarily 24 hours a day but the correctional administrator could permit home detention program participants to seek and retain employment in the community, seek medical and dental assistance or attend psychological counselling sessions or educational or vocational training classes. This is also commonly given to the detainee to pick up cleaning, shop for food and pursue other necessary chores.

Tags: DUI, DUI lawyer, DUI penalties

Reader’s Question:

I heard from my mom that field sobriety tests are used to be called something else back then. How were these tests develop and could you cite some common tests that police usually conduct here in Los Angeles, California?

Amos
Los Angeles, CA

In mid 1970’s, with the assistance and cooperation of the law enforcement community, the National Highway Traffic Safety Administration (NHTSA) has conducted research that resulted in the development of a battery of three standardized field sobriety tests (FST’s). These are the Horizontal Gaze Nystagmus, Walk and Turn and the One Leg Stand which are commonly used by police officers in Los Angeles, California and are designed to assist them in detecting drivers who are under the influence. FST’s are formerly referred to as Improved Sobriety Tests but they are now the Standard that the Federal Government wants to be utilized.

The FST program was validated in field studies and laboratory conducted by the Southern California Research Institute. The FST’s were initially developed by the Los Angeles Police Department Training in how to conduct the tests and it is included in the NHTSA course “DWI Detection and Standardized Field Sobriety Testing.”

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

My brother got a DUI case in Los Angeles, California and he was sentenced to three years of probation. What are the conditions for being under probation as a sentence for DUI?

Eliza

Los Angeles, CA

Since your brother was sentenced to three years probation on his DUI case in Los Angeles, California, he must report regularly to a probation officer or court employee for monitoring of his behavior. Also, as a part of his probationary sentence, the judge would impose at least one condition, and sometimes more than one, according to the Special Report. Almost all of the probationary sentences have the condition that fees, fines and court costs be paid. Most sentences also require alcohol treatment and almost half of them require training or employment.

There are also other common conditions of probation listed in the Special Report such as mandatory drug testing, drug treatment, community service, counselling, confinement or monitoring, driving restriction and abstention from alcohol and drugs. Alcohol or drug education, refraining from committing further crimes or restitution to victims are other possible conditions that may be included as part of the probationary sentence. There may be other unusual conditions such as fulfilling the requirements for Boy Scout badges for citizenship and traffic safety.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

How does a DUI record affect my chances of being accepted into college? I’ve been caught drunk driving in Los Angeles, California when I was 17 but I’ve abided by the law ever since.

Stan

Los Angeles, California

Having a DUI record or being convicted of DUI will definitely have its impact on how prospective colleges or universities will assess your application. You shouldn’t lose hope though, since it really depends on the gravity of your offense (whether you were charged for misdemeanor or a felony offense) and of course, your willingness to be honest about it during your application or interview. The best way to handle this would be to make sure to disclose this information, explain your situation and make sure that they are aware that you have learned from this experience. Try to pre-empt possible questions about this and how you can answer them effectively and still be able to present yourself in a good light. It’s not just what you say but on how you say it as well.

There are also cases in Los Angeles, California where, with the help of good attorneys, minors who have been arrested for drunk driving have been allowed for expungement, thereby clearing their records. It also helps to show that since the time of your offense, you have been a good, law abiding citizen of the state of California. That being said one of the first things you would like to do is to consult a California DUI attorney that can provide their expertise in getting your record back on track. Note, however, that it may not be possible for all types of offenses to be cleared. Remember, your success in being accepted should come from you’re excellent academic accomplishments so make sure to focus on that during your interview.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

A friend who is visiting from another state was arrested for DUI here in Los Angeles, California. Can he still drive in California and will his driver’s license be suspended in his home state?

Candace

Los Angeles, CA

Since your friend was arrested for DUI in Los Angeles, California and he has an out-of-state driver’s license, he would face specific issues that could complicate his DUI case. His DUI arrest could jeopardize his driving privileges in his licensing state. Driver’s license is a property of the state that issued it. Since his license was issued out of state, the officer could not take his license. He would just be issued a temporary license, and a summary suspension of his California driving privileges will be held off for 30 days.

He should request for a California Department of Motor Vehicles (DMV) Administrative Per Se (APS) hearing within 10 days of arrest or he will lose his driving privileges after 30 days. If he doesn’t have a successful hearing outcome, or doesn’t request a hearing at all, the California DMV would notify his home state, and that state could suspend his license. He may believe that since he is an out of state driver, his DUI arrest in Los Angeles could not threaten his driving privileges, but that would be not the case.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

Last week, I was surprised by this DUI roadblock in Los Angeles, California and unfortunately, I was arrested for drunk driving. How can I dispute the legality of the DUI checkpoint?

Brice

Los Angeles, CA

Law enforcement officers and attorneys who are arguing for the State throughout the implementation of DUI roadblocks disagreed that the State’s interest was specifically intended to stop drunk driving. Consequently, the legality of DUI roadblocks has been upheld. But just recently, law enforcement and prosecuting attorneys have bragged publicly that DUI roadblocks yield an astronomical amount of revenue from traffic infractions discovered after stopping vehicles at DUI checkpoints.

DUI roadblocks usually yield approximately four DUI arrests and even less DUI convictions. Law enforcement officers have guidelines that they would have to follow in implementing these DUI roadblocks. The DUI roadblock guidelines include a specific method of selection of vehicles, insurance that intrusion on the motorists is kept to a minimum, providing a written set of actions outlining the procedures of the DUI roadblock and proper lighting and notification requirements on the roadway so as not to startle motorists. If the police officer failed to adhere to these requirements upon arresting you in a DUI roadblock in Los Angeles, California, this would often result in evidence being excluded.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

If my sister would be released from jail after being arrested for drunk driving in Los Angeles, California, what do you think is the best thing that she would have to do first and does she need to hire a DUI lawyer?

Sylvester

Los Angeles, CA

Once your sister has been released from jail after being arrested for DUI in Los Angeles, California, the very first thing that she would have to do is to write down everything that she can remember about the night of the drunk driving arrest. These things would include what she was doing and where she was before driving, how much she had to drink, how long after drinking when she was arrested, how the officer behaved and any instructions given to her, what the officer said to her, where she was pulled over, when and if she was read her Miranda rights and when she took the blood alcohol test and how long it had been since she drank. She has to write down everything that she can think of, even if it doesn’t strike her as relevant.

You actually have already mentioned what to do next. Yes, your sister needs to hire a DUI lawyer. She needs and deserves an experienced DUI defense lawyer who will fight for her rights. The single most important thing that she can do for herself is to find a qualified lawyer who knows California DUI law.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

They say that a person who is arrested for DUI rarely passes the field sobriety tests here in Los Angeles, California. If I will be pulled over for DUI suspicion, how would I know if I pass the field sobriety tests?

Priscilla

Los Angeles, CA

Field Sobriety Tests or FST’s aren’t really “tests” in the way we usually think of “tests.” The main goal of FST’s is not really meant to determine whether or not you are drunk but to make you appear drunk. It could surprise you that most people, sober or not, “fail” these tests. Whether you fail or pass the tests is based totally on the police officer’s personal observations and impressions. Always remember that FST’s are entirely subjective and they do not conclusively determine whether or not you are drunk.

Keep in mind also that if you get arrested for DUI in Los Angeles, California, the officer would ask you to take the FST’s because he suspects that you were driving under the influence. He is gonna be looking for some evidence that you broke the law, not alternative explanations for your behavior even though there could be numerous factors that influence how you do on the FST’s that have nothing to do with alcohol.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer