Review of How to Get a DUI Case Dismissed
California Vehicle Code 23152(a) VC makes it a crime for someone to drive a vehicle under the influence of any alcoholic beverage.
If you have symptoms of being intoxicated, then you can be arrested and charged under this statute even when there is no evidence your blood alcohol concentration (BAC) exceeded the legal time of 0.08%.
If you take breath test or blood test that shows your BAC was 0.08% or higher, then you will normally be charged under two different statutes:
- Vehicle Code 23152(a) VC - driving under the influence, and
- Vehicle Code 23152(b) VC - driving with excessive blood alcohol level.
It should be noted, however, if you are convicted of violating both statutes, it will only be considered one California DUI conviction.
In some DUI cases in Los Angeles, the outcome of your case is decided by a jury. However, there are many other ways to win a driving under the influence case.
Perhaps the judge will review the evidence and choose to dismiss the charges, but this not common and normally only occurs when:
- lack of sufficient evidence against you, or
- arrest was unlawful or evidence was gathered illegally.
If your DUI case is dismissed, then it's similar to be being found not guilty and you will not be facing any type of penalties. However, it's not the same as proving innocence and a record of the arrest will show up on your record and the DMV can still suspend your driver's license.
Clearly, still, a DUI dismissal is much better than a conviction or even most plea deals. If you have sufficient grounds for a dismissal, then your lawyer can file a motion with the judge asking them to dismiss your case.
Our Los Angeles DUI attorneys will review the laws below to give you a better understanding.
Best Defenses for Fighting a California DUI Case
Clearly, the best defense strategy to fight a Vehicle Code 23152 driving under the influence case in California will depend on a variety of different factors.
Every single DUI case is unique, but it's important to understand that getting arrested for DUI does not automatically mean you will be convicted.
A conviction often leads to life-changing results, including a driver’s license suspension and a permanent mark on your record for future potential employers to see on a background check.
Some of the most common defenses against DUI charges include the following:
- improper procedures by police officer;
- unlawful police stop;
- lack of probable cause;
- police violated your constitutional rights;
- field sobriety tests are not always reliable;
- police violated California Code of Regulations Title 17;
- blood alcohol content (BAC) not accurate;
- breath alcohol testing inaccurate;
- medical conditions caused a high BAC
- blood alcohol concentration was rising
Failure of police to follow proper procedures is often a strong defense against California Vehicle Code 23152 VC charges.
Police misconduct includes a lack of probable cause to pull you over on a traffic stop and violating Title 17 procedures and regulations.
This regulates how DUI breath and blood test must be conducted, such as a 15-minute observation period, proper administration of the tests, regular calibration and maintenance of the testing equipment, and proper collection and storage of blood samples.
If your legal protections were violated, we can request a Penal Code 1538.5 suppression hearing to exclude any evidence the police obtained.
If successful, the prosecution is normally forced to reduce the DUI charges or dismiss the case.
If I Have a Good Job and Clean Record Can I Get My DUI Dismissed?
I have a lot of people coming into my office and telling me how good their job is and they've never been in trouble before, they pay taxes, etc., how come they can't get their DUI dismissed.
Unfortunately, those are not the factors that determine whether or not a DUI gets dismissed.
DUI's are political crimes and the legislature has made it very clear that the California Highway Patrol, Los Angeles Police Department, and other law enforcement agencies are to prosecute these crimes very seriously and arrest drivers, and don't let them off.
The prosecutors are obviously with the same program as far as punishing people who commit DUI offenses.
So, the fact that you have a good job, a clean record, pay your taxes, is irrelevant when it comes to the prosecution of a DUI in California, and Los Angeles in specific. What is relevant is, whether or not the prosecutors can prove the case.
Blood Alcohol Level
Was your blood alcohol level a .08 or greater? If it wasn't a .08 or greater, than you're looking pretty good.
Even though one fallacy is that if you're a .07 for example, you can't be prosecuted. That's not true. I've seen people prosecuted for .05, .06, .07 and of course, .08 and up.
The theory they follow is, you have alcohol in your system and you could not safely operate a car, which falls under California Vehicle Code Section 23152(a).
That has nothing to do with the percentage of alcohol in your body. That has to do with:
- how you were driving;
- how you were responding to questions by the police;
- how you performed on the field sobriety test;
- what you blood alcohol level was and a host of other factors.
Contact the Hedding Law Firm for Help with Your DUI Case
So, if you've been arrested and charged with a DUI, you should hire an attorney right away. It's a misdemeanor crime, but you could still face jail time.
You could face a loss of your license and a host of other problems related to the criminal justice system and DUI's in Los Angeles, California.
You have taken the first step, whether you know it or not, by coming on this website. I've been doing this for almost 30 years and I've handled thousands of DUIs over the years.
I'm battle tested. I've done over 250 trials and I'm very well-known in the Los Angeles county court system and respected.
Pick up the phone now. Ask for a meeting with Ron Hedding. We will do everything we can to get you the result you must have if you're charged with a DUI in Los Angeles.
Hedding Law Firm has two office locations in Los Angeles County and we offer a free case evaluation.