For those facing a DUI charge in Los Angeles County, the stakes are high. A DUI conviction can lead to the loss of your driver's license, substantial fines, potential jail time, and a permanent criminal record. These consequences can significantly disrupt your personal and professional life, making it crucial to understand and explore all possible defense strategies.
Experienced DUI defense attorneys in Los Angeles County understand that every case is unique. They employ a range of defenses, tailored to the specific circumstances of each case, to either dismiss charges or negotiate the best possible outcome. This personalized approach is crucial, as not every defense applies universally. It's important to be cautious when an attorney presents a defense that doesn't align with your situation, as a reputable attorney will tailor their strategy to your unique circumstances.
You Were Not Driving
It is not uncommon that by the time the police get to the scene of an accident or some other occurrence on the freeway or road, the person they ultimately arrest for a DUI is not driving when they arrive. It is a defense to a DUI if the prosecutors can not prove when and where you were going. However, as you might guess, there is more than one way to prove someone was driving.
Often, the police ask the person if and when they were driving and then record their answer in the police report. If the person admits to driving, this would be good enough to meet this requirement.
Another way I see the police and prosecutors proving who was driving is by having witnesses at the scene identify the driver. This is an excellent way to prove who was going if the witnesses are credible and their story makes sense.
The last way I see the prosecutors proving that a DUI defendant was the driver of the subject car is through the circumstances surrounding the person's arrest. In other words, if they are the only person at the scene of an accident and their vehicle is in the middle of the freeway with no passengers, then they are likely the person who drove the car there.
The next question will be, when did they drive the car there? The expert needs all of the time locked in to figure out the person's blood-alcohol level when going.
Blood Alcohol Level
Suppose the police took your breath (the most common form of identifying your blood alcohol level). In that case, the defense attorney should verify that the machine used to measure your blood alcohol level was properly calibrated and functioning correctly.
It's important to note that breathalyzer tests used in police stations across California have an error rate of .02 percent. If the defense can identify issues with the machine's calibration or the test's administration, it can significantly weaken the prosecution's case. This underscores the importance of having a skilled DUI defense attorney who can identify and exploit such weaknesses in the prosecution's evidence.
If blood was drawn, there is an argument that the sample was not taken properly or contaminated. The defense is entitled to conduct a blood split to have their expert verify that the blood alcohol reading accurately represents the actual level and to check for contamination or any other issues that may be present to defend the case.
Urine is no longer one of the standard tests used in DUI cases in LA County. I typically see the police using a urine test to test a person they suspect of being under the influence of drugs.
You Were Not Impaired
If you want to fight your DUI case, you will have to deal with the issue of whether you were safe to drive when the police pulled you over. Juries are not likely to find someone not guilty of a DUI unless they are safe to go. Vehicle Code Section 23152 (a) makes it a misdemeanor crime to drive with alcohol in your system and not drive a motor vehicle safely.
The type of thing that the jury will evaluate is how you were driving at the time of the pullover. If you were weaving or driving in an unsafe manner, this is evidence that you were not safe. If, on the other hand, the police pulled you over for some stupid reason that has nothing to do with impaired driving, then you will have the foundation of showing you were safe and, therefore, should not be convicted of a DUI.
The police will look at other things related to how you were talking (where you slurred your speech), how you were walking (did you stumble or stagger), whether your pupils were dilated when they shined their light in them, and whether your breath smelled like alcohol.
Of course, the most basic tests for evaluating safety are the field sobriety tests designed to indicate if you are safe to drive a car, specifically.
It's important to remember that all the tests and observations used in DUI cases are subjective and can be manipulated. This underscores the importance of having a seasoned and savvy DUI defense attorney. Their expertise is not just important, but essential to navigating these challenges and achieving the best possible result in your DUI case. This emphasis can help the audience feel reassured and confident in their defense, despite the potential flaws in the testing process.
