By author on August 9th, 2008
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.
By author on August 6th, 2008
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
By author on August 1st, 2008
Reader’s Question:
I had a little drink and I didn’t have a choice that I had to drive a friend home after a party here in Los Angeles, California. She had too much alcohol that she can’t even walk. I was able to get her home safe but just in case in the future that I didn’t have a choice to drive again after drinking and get arrested, can I refuse a blood alcohol test? If not, do I have a choice which blood alcohol test I could take?
Forrest
Los Angeles, CA
If in case in the future you will be asked to pull over because of a DUI suspicion in Los Angeles, California, you cannot refuse to take the blood alcohol test if you are asked to do so by the police officer and this is because of the implied consent law. Under the implied consent law, the police officer should warn you about the consequences of refusing to take the blood alcohol test. Your driver’s license will be suspended immediately for one year if you refuse to take the test.
The three tests to determine blood alcohol content are blood, urine and breath tests. You actually do have a choice of which one of these three tests you will take, although recently, the law has been changed to allow the urine test to be discontinued by the police because of the problems associated with it. If one test is somehow unavailable, that is the only time your ability to choose which test you take can be legally restricted. You should then take the other if that is the case. The police officer is required to tell you of your options. But the decision as to which test to take is up to you.
By author on July 30th, 2008
Reader’s Question:
My cousin may opt to plea bargaining on his DUI case in Los Angeles, California. Why should a person accused of DUI consider plea bargaining and when exactly does a plea bargain occur?
Wilbur
Los Angeles, CA
Your cousin will be advised by his DUI attorney about plea bargaining on his DUI case in Los Angeles, California. Usually, plea bargains are at the request of the court not the DUI defendant. The government might feel they have a weak case against your cousin or they may wish to settle in order to clear their calendar. The defense lawyers and prosecution may consider a plea bargain to keep the charges out of the control of jury or a judge.
Generally, a plea bargain depends on the court and the jurisdiction. The state of California allows plea bargains during certain phases of the criminal process. Your cousin’s DUI attorney would be able to advise him on the specifics of his DUI case. He has to speak with his attorney first before deciding whether or not to plea bargain. The DUI attorney would be able to help him make an informed decision.
By author on July 30th, 2008
Reader’s Question:
I just want to be cautious because I often times drive myself after a little drink. What reason that an officer in Los Angeles, California could arrest me? I also want to know if I have to consent to the field sobriety tests.
Martha
Los Angeles, CA
Police officers in Los Angeles, California must have probable cause or reasonable suspicion that a person is driving under the influence before they can be asked to pull over. An officer may be able to suspect that a person is impaired by alcohol or drugs if he/she is engaging in uncharacteristic driving behaviors. These uncharacteristic behaviors could include disobeying traffic signals, making irregular stops, speeding and swerving.
If you were asked to pull over because of a DUI suspicion in Los Angeles, California, you actually do not have to consent to field sobriety tests. In many DUI cases, a police officer would not tell you of your right to refuse to submit to the field sobriety tests. But it could be in your best interest not to consent to these tests because they tend to be inaccurate and you are not obligated by law to do so.
By author on July 25th, 2008
Reader’s Question:
I’ve hired a DWI attorney for my son since he can’t afford it. What are the basics of a DWI case in Los Angeles, California?
Laura
Los Angeles, CA
Like other attorneys, a DWI attorney has to gather evidences in order to defend his client in the court. Forms of evidence accepted can be pictures, videos or a statement by an eyewitness. Giving out accurate and exact details will also make the task of a DWI attorney easier. Any wrong information on your part will affect the preparation of your DWI case negatively.
When charged with DWI in Los Angeles, California, you’re going to be arrested immediately and your driving license also gets suspended. Your DWI attorney will appeal in the court for your bail. During the first court hearing, your attorney will request that a temporary access be given to you for your driving license. The attorney will also play a big part in making sure that you do not pay a hefty fine.
To be able to defend his client, a DWI attorney has to verify the facts and figures filed by the law enforcement officer. The statement of your eyewitnesses can make or break the DWI case. If your Los Angeles, California is able to successfully prove that your eyewitness is not sure about your involvement in the case, you will get the benefit of doubt from the court.
By author on July 25th, 2008
Reader’s Question:
My brother was arrested for drunk driving just two days ago in Los Angeles, California but I was out of state. I haven’t gotten the chance to talk to him or to anyone after he was bailed out. Someone just mentioned to me that he refused to take the breath test. What happens to him now because of his refusal to take the breath test?
Hayden
Los Angeles, CA
Since your brother was driving on a public highway in Los Angeles, California and was arrested for drunk driving, his driver’s license will be suspended for one year because of his refusal to do a breath test. The breath test refusal can also be used against him in court. Many times, it is possible to take administrative legal action to regain his driver’s license and there are many legal reasons why someone would not want to blow into a breathalyzer.
Furthermore, even if the one-year driver’s license suspension is maintained, that suspension is so much better than a DUI conviction. A person should never take a breath test, especially without an attorney present. That being said, even if your brother blew well above the legal limit, there are many ways to fight his DUI charge in Los Angeles. At this point, you have to make sure that you hire a DUI lawyer to help your brother defend his DUI charge. The DUI lawyer would guide him through the proceedings and help clarify the severity of charges brought against him. An experienced Los Angeles DUI lawyer can definitely look at several ways to attack your brother’s DUI charge.
By author on July 24th, 2008
Reader’s Question:
I am battling a DUI charge here in Los Angeles, California and still hoping that I will not be convicted. I was told that if I will be convicted for the DUI offense, I would need to get SR22 for my car insurance? What is this and how important is getting this?
Oakley
Los Angeles, CA
Since you have a DUI charge in Los Angeles, California, the California Department of Motor Vehicles (DMV) has suspended your driving license. You would have to obtain SR22 insurance policy to reinstate your license. Your insurance company will provide SR22 filling which serves as a proof of insurance to the DMV. In this way, the DMV is assured that an insurance company has provided at least minimum liability coverage for you. Your insurance company will immediately inform the DMV if the policy lapses for any reason.
In Los Angeles, the SR22 filing period is for three years. But the term can be extended depending on individual cases due to stringent insurance laws in Los Angeles. As soon as the SR22 filing period is over, the insurance premiums will be lower, depending on your driving history. The prices of insurance are based on your driving history and also on your driving experience. It’s great that you can get online quotes for SR22 car insurance from this site.
By author on July 23rd, 2008
Reader’s Question:
My driver’s license has been suspended because of a DUI conviction in Los Angeles, California. I was told that I need to secure SR22 car insurance in order for me to get my license back. What is this and how long would I have to carry SR22 in my insurance policy?
Bunny
Los Angeles, CA
Because of your DUI conviction in Los Angeles, California, the Department of Motor Vehicles (DMV) suspended your driver’s license and you need to secure SR22 car insurance to have your license reinstated. SR22 filling is provided by insurance companies which serves as a proof of insurance to the DMV. That way the DMV is assured that insurance company has provided at least minimum liability coverage to you. The insurance company immediately informs the DMV if the policy lapses for any reason.
The rules regarding SR22 insurance may vary. In Los Angeles, generally, SR Filing period is three years. Due to stringent insurance laws in Los Angeles, however, the term can be extended depending on individual cases. Depending on your driving history, the insurance premiums will be lower as soon as the SR filing period is over.
