The way to beat a DUI in Los Angeles is to either have a defense to the DUI that a jury will believe and find you not guilty or prove to a judge that the police violated a legal right protected by the constitution and therefore anything they found after the violation can not be used against you.
For example, if they illegally stopped you and then were able to get your blood alcohol level, then the alcohol result could be thrown out because they would have never obtained it but for the illegal stop. Of course in order to have any chance at one of the above scenarios, in my opinion, you will require the services of a seasoned DUI defense attorney.
Most everything in DUI defense is based in common sense. If you have a defense that makes sense, then 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 a good position to advise you on what your chances are of being successful in a particular defense as it related to your case.
Not all defenses apply to every case. If an attorney or sales person is trying to pitch you on a defense that has nothing to do with your factual situation then you would obviously not find them very credible and would not even waste your time meeting with them.
To win a DUI case in Los Angeles you need an angle plain and simple. It is not enough to say I am a good person, with a great job and a family who has never been in trouble. This is not a defense, it is a factor in mitigation on your side.
However, without a good argument, you will be found guilty at a trial and then sentenced by the judge. Once again, if the defense does not make common sense then it will not be successful. 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.
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. Depending on the circumstances of your case, DUI’s can be reduced down to lessor charges like a wet reckless, speed contest or even some sort of a moving violation.
In order to achieve a less serious result, your DUI defense attorney is going to 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 serious charge.
The reason that the blood alcohol result is so important in a DUI case is because the closer it is to the legal limit, the stronger the argument becomes that you could in fact 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 you passing some of the field sobriety tests, then you are in a good position to make an argument the prosecutor and judge will consider. If, the other hand, your blood alcohol was extremely 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.
When it comes to DUI cases in Los Angeles, the main thing that the prosecutors and judges are evaluating is how dangerous you were to the community the night of your arrest and whether you are a risk of any future issues if they give you a break on the current case. If they feel that you may get another DUI or possibly injury someone in the future then they will not show you any mercy.
It is up 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 then you sit in a good position to be successful in your DUI case.