Los Angeles DUI Defense

An experienced and knowledgeable Los Angeles DUI Lawyer will be able to raise a number of defenses to your LA drunk driving arrest.  Simply because a suspected Los Angeles Drunk Driver had a BAC of over .08% does not mean that there are no defenses.  While the prosecution has an infinite amount of resources at their fingertips, their case rests solely on four factors: the arresting officer's police report, field sobriety tests, blood alcohol tests and any other police recording of the Los Angeles DUI arrest.  All four of these cornerstones can be rebutted by a knowledgeable Los Angeles DUI defense attorney.

Lack of Probable Cause in a Los Angeles DUI arrest

The Los Angeles arresting agency must fill out a police report regarding why a person was pulled over and arrested for a Los Angeles DUI.  In order to pull someone over the arresting agency must have a valid reason or probable cause.  Probable cause can arise in a number of different ways: violation of a vehicle code, driving so reckless as to give a reasonable person the assumption that the driver was under the influence of drugs or alcohol or a legal alcohol check point. 

In addition, while there are some recognized patterns of suspected drunk driving such as weaving in and out of lanes or accelerating and breaking frequently, there are a number of circumstances that are not recognized as signs of intoxication.  For instance speeding is not recognized by the National Highway and Traffic Safety Administration as a sign of driving under the influence of alcohol.  If an arresting officer during a Los Angeles DUI arrest did not have a valid reason for a stop, the prosecution's case will fail.

Finally, while drunk driving checkpoints or DUI roadblocks are legal in the Los Angeles area - they are under strict guidelines as to how to be done correctly.  Many officers violate these policies and effectively commit an illegal Los Angeles DUI arrest by not following procedure.  For instance, you must be allowed to avoid the DUI checkpoint by making a legal U-Turn or right turn prior to the drunk driving roadblock.  If the arresting agency does not observe any violations of unlawful behavior they do not have a valid reason to pull you over. 

OurLA DUI Law Firm is committed to staying ahead of the law and up-to-date on all California Supreme Court decisions regarding DUI arrests.  Our DUI attorneys in Los Angeles will meticulously review your Los Angeles DUI case to make sure that every policy was followed correctly and that the arresting officer did not abuse any power or privilege in making the arrest.

Inadequate Chemical Testing in a Los Angeles DUI case

While most people assume that a BAC of over .08% is the end of a case it is not necessarily true.  There are many defenses that arise against Blood Alcohol level chemical testing in a Los Angeles DUI case.  LA arresting agencies are required to provide adequate records of how Blood Alcohol testing equipment is maintained and serviced.  For a breath machine these are known as calibration records.  If a breathalyzer is not calibrated correctly it could result in an inadequate reading.  Furthermore, if a police officer fails to follow proper procedure in length between testing times or chain of custody for blood samples the evidence in your Los Angeles drunk driving case could be compromised and therefore inadmissible. 

Rising Defense in a Los Angeles Drunk Driving Case

While breath and blood samples are seen by the general public as a condemning piece of evidence in a Los Angeles Drunk Driving Case - they are not a guaranteed conviction.  Blood Alcohol testing is not an exact science since it does not indicate what a suspected Los Angeles drunk driver's BAC was at the time they were driving.  If you do not take a chemical test until after you are detained for a Los Angeles DUI your blood alcohol may be higher than it was when you were actually driving.  This is known as a rising defense and can be raised by a professional toxicologist.  It is important to understand that if you are arrested for a L.A. DUI, the prosecutor must show that you were over the legal limit at the time of driving.  A skilledLos Angeles DUI Criminal Defense Lawyer will know to look at all the evidence in your case to determine whether a rising defense.  

Video Recordings of a Los Angeles DUI Arrest

Recently, arresting agencies have started putting video recording devices on their vehicles and wearing microphones when doing a Los Angeles DUI arrest.  While the evidence collected from these devices may seem to lead to an automatic conviction in a Los Angeles drunk driving case, the opposite is often true.  By subpoenaing the records of the police officers during a Los Angeles DUI stop, a qualified LA DUI attorney can look for evidence in favor of the suspected drunk driver.  Videos often capture suspected L.A. drunk drivers performing well on field sobriety tests and may help to disprove probable cause.  In other cases, the video and tape recordings are too grainy to get significant evidence either way in a Los Angeles DUI arrest. 

No Driving Defense for a Los Angeles DUI arrest

Many defenses arise in a Los Angeles DUI arrest.  It may seem simple but the fact that you were not driving during the suspected Los Angeles drunk driving incident could result in a dismissal of the charges.  The California Vehicle Code states under section 23152(a) that it is unlawful to drive while intoxicated with alcohol and/or drugs and under section 23152(b) it is unlawful to drive with a blood alcohol level of over .08% BAC.  The operative word in both of these statutes is drive.  If you were pulled over on the side of the road prior to your Los Angeles DUI arrest you may have a no driving defense.  Every Los Angeles DUI case is different with unique circumstances that present different defenses.

Our LA DUI Law Firmoffers a FREE Los Angeles DUI consultation to discuss your options after a L.A. Drunk Driving arrest.  Remember simply because your chemical DUI blood alcohol test came back over .08% does not mean that you are automatically guilty of driving under the influence.