Successfully challenging a DUI in Los Angeles hinges on two key strategies: presenting a defense that a jury will find credible and exonerate you, or proving to a judge that the police violated a legal right, rendering any evidence obtained thereafter inadmissible.
For instance, if the police unlawfully stopped you and obtained your blood alcohol level, the test results could be invalidated due to the illegal stop. However, to have a fighting chance in such scenarios, the guidance of an experienced DUI defense attorney is indispensable.
Almost everything in DUI defense is based on common sense. If you have a reason that makes sense, you can use that defense to be found not guilty. A savvy DUI defense attorney who has traveled down the road you are about to travel is in an excellent position to advise you on your chances of being successful in a particular defense related to your case, empowering you to understand and participate in your defense.
Not all defenses apply to every case. If an attorney or salesperson is trying to pitch you because that has nothing to do with your factual situation, you would not find them credible and would not even waste your time meeting with them.
Successfully defending a DUI case in Los Angeles requires a clear and direct approach. Simply stating your personal virtues and lack of prior trouble is not a defense; it's a mitigating factor.
However, you will be found guilty at a trial and then sentenced by the judge without a good argument. Once again, if the defense does not make common sense, it will not succeed. If you have a DUI in Los Angeles County, I suggest you find an attorney who will be honest and upfront with you about your best course of action.
If I Can't Win My DUI Case, What Should I Do?
As you might guess, every DUI case can not be won, and in fact, most are dealt with by way of a negotiated plea bargain between your attorney and the prosecutor or judge. This offers a ray of hope for a less severe outcome. Depending on the circumstances of your case, DUIs can be reduced to lesser charges like a 'wet reckless' (a charge that involves alcohol but is less severe than a DUI) or 'speed contest' (a charge related to reckless driving), or even some sort of a moving violation.
To achieve a less severe result, your DUI defense attorney will have to point out some issues with the prosecution's case. For example, if your blood alcohol level is close to the legal limit, this is always a good starting point in getting the prosecutor to agree to a less severe charge. Your attorney's negotiation skills and understanding of the law are crucial in this process.
DUI Blood Alcohol Level
The blood alcohol result is essential in a DUI case because the closer it is to the legal limit, the stronger the argument becomes that you could safely operate a motor vehicle, especially when you consider that the result is usually obtained approximately an hour after the driving.
If you can combine this with passing some of the field sobriety tests, you are in an excellent position to make an argument that the prosecutor and judge will consider. If, on the other hand, your blood alcohol is exceptionally high, then you are not likely to be able to get a charge less than a DUI, and you may also be facing more punishment because you will be perceived as being more dangerous to the public at large. This is why it's crucial to have a strong defense strategy in place.
When it comes to DUI cases in Los Angeles, the prosecutors and judges are evaluating how dangerous you were to the community the night of your arrest and whether you risk any future issues if they give you a break from the current case. If they feel that you may get another DUI or possibly injure someone in the future, then they will not show you any mercy.
It is up to your DUI defense attorney to show the prosecutor and judge that your conduct in the current case was an aberration and will not happen again. Once the judge and prosecutor feel that you are not likely to find yourself behind the wheel with alcohol in your system, you sit in an excellent position to succeed in your DUI case.
