DUI Defense Strategies in Los Angeles

When I begin evaluating a DUI case, one of the first and most crucial aspects I delve into is the reason for the police stop. This initial interaction often sets the stage for the entire defense strategy.

In other words, I would say a good 80% of DUI pullovers are simple random pullovers that are cloaked by the police, claiming some traffic violation.

They're looking at people on the weekends and late at night who they perceive on the road have probably gone out and had some dinner and drinks, go to a bar, go to a club, and come home in the wee hours of the night. So, they figure they must have been drinking, so they drum up an excuse to pull them over.

Probably the most common excuse that I see is that they were weaving or swerving on the road because that's a tough one to refute unless you can get dashcam video that counters it — where you're looking at the dashcam, and you don't see the person weaving or swerving on the road — so obviously, we always try to get that dashcam video. That's undoubtedly one defense strategy utilized in a DUI case.

Unlawful Police Stop

When we start to talk about the pullover, the critical reason is that if they illegally pull you over in a DUI case, that illegal pullover can be used to suppress or block all of the evidence related to the case.

In other words, if it's an unlawful police stop, the fact that they got your breath based on that legal pullover won't be able to be used against you.

Any statements that you make can't be used against you. Any of the field sobriety tests they have you do can't be used against you because all of that is the fruit of the illegal pullover and, therefore, can be suppressed. The case will be dismissed if the prosecutor doesn't have more evidence after the court grants the motion.

That's the first thing we look at when we try to determine whether there's a defense to the DUI—why did the police pull you over?

A lot of times, the police come upon you. In other words, your car stalls in the middle of the freeway, and you're on the side of the road.

There's not much you can do about that because they're entitled to investigate why you're stopped on the freeway and what's going on.

They can even say they're trying to help you, figuring you're disabled. And if they smell alcohol or see that you're intoxicated, that will give them probable cause to be able to test you and see if you're driving under the influence of alcohol.

No Driving Defense

Another potent defense strategy in a DUI case is the 'no driving defense. ' If it can be established that the defendant was not the one driving the car, it can significantly weaken the prosecution's case.

In other words, a lot of times — take our scenario where the person is on the side of the freeway stopped and they're not driving — the police have to be able to figure out when you were causing to use a breath or blood result against you because their expert is going to need that information to be able to figure out what your blood alcohol level was at the time of driving.

So, if you're pulled over on the side of the freeway, and you're the only one there, there's a good argument that you're probably the one who drove the car there.

Their next step will be to ask you why you stopped the car here. If you tell them, they can use that evidence against you.

I see some scenarios where you can't tell who was driving the car. Maybe multiple people were involved in an accident.

Multiple people are in a particular car. How do they figure out which one was driving the vehicle to try to get them for a DUI?

Of course, that is another defense strategy that could be used in a DUI, and the type of evidence they try to get is obviously the person admitting they were driving.

One of the passengers said that the person drove the car, which was involved in the subject accident.

Other witnesses—for example, people on the road saw the person get out of the car's driver's door. Other people who might be involved in the accident identifying who they perceived as the driver are trying to refute that defense in a DUI case.

Attack Blood Alcohol Level

Beyond that, the alcohol level is the type of stuff you will attack. In other words, how do they prove that you were a .08 or greater? Are they using the breath? Are they using blood?

We're going to attack the validity of the machine if they're using the breath to determine that your blood alcohol level is above the legal limit.

We would get the calibration records for the machine at or near the time that the person was pulled over and the device was used against them.

If it's a blood case, we will request a blood split if we think there are issues with the blood. That's something we talk to the client about. We figure out how high they're claiming the blood result is.

We figured out whether the client had any alcohol first of all, and if they did have any drink, how much did they have? Then we usually have a good idea of what their blood alcohol level might be — or at least a range — and if it's well beyond that field, then that would smack that there's something wrong with the blood result.

We could get our expert to do a blood split and see if there's any contamination or if the blood result is wrong by the prosecutor's expert related to the case.

It's important to remember that issues can arise in DUI cases, but there are defense strategies that can be utilized to mount a successful defense. This knowledge should instill a sense of hope and optimism, as it shows that there are ways to challenge the charges and potentially avoid a conviction.

Many other defenses can be used, but they apply to a particular case. In other words, you look at the point.

You talk to the client, examine the totality of the circumstances, and then decide what defense might apply.

It's important to remember that time is of the essence in a DUI case. The sooner you secure legal representation, the better your chances of a successful defense. Below are some common defense strategies if you have been charged with driving under the influence in Los Angeles or anywhere in California.

It's not the same defense every single time. The facts have to be there to support that defense, and that's why it's so important when you get arrested for a DUI to get your DUI defense attorney as soon as possible.

How to Avoid Jail Time in a DUI Case?

One of people's biggest fears is going to jail for their DUI case, and how to avoid jail can be a little bit complicated. First, it depends on several different factors.

Is this your first DUI, or do you have prior DUIs? If you've got prior DUIs and picked up a new one, the likelihood of you going to jail increases 10-fold.

If, on the other hand, it's your first offense and you didn't hurt anybody, that puts you in a pretty good position to stay out of jail, especially if you hire a lawyer who knows what you're doing.

Review of the Case Details

I'll get you in. We talk about everything. We find out exactly what happened because many times, when I get the police reports at the first court appearance in these cases, I see the whole investigation.

It's all one-sided, and there's nothing in there that helps the client, so I need to get your side of the story so I can make sure that when I do meet and talk to the prosecutor and judge, I know your perspective because there's evidence available to prove your perspective.

But because it's such a rush to judgment, the police are trying to angle everything against a particular DUI defendant. So we need that information. So, we'll sit down during the first meeting and go over everything and get ready for the arraignment because, at the arraignment, bail could be set. You could be taken into custody.

We will gather all the paperwork and information on the case. We want to start in a solid position to help you get out of this situation quickly.

Step-by-Step Process

Pick up the phone. Ask for a meeting with Ron Hedding, and I will go over step by step what can be done to avoid jail time in the case. We can get character letters to provide to the prosecutor.

The judges are worried that if they give you a break, they will keep you out of jail or prison, that you're going to go out and drink and drive, kill somebody, and then the family of that person is going to be looking at them and say, you had the guy in court.

He was charged with a DUI. Why didn't you give him jail it? So, that's what you have to fight against when it comes to these DUI cases if you want to stay out of custody. Pick up the phone now. Make the call. I stand at the ready to help you.

DUI Defense Strategies