What Determines if You Get Jail Time on a DUI in Los Angeles?

This is a huge question on a lot of people’s mind.  Once you get arrested, they take you into the local jail where your case occurred and they hold you there for a period of time.

One of the biggest things that my clients tell me when they come in to meet with me about their DUI matter is, I never want to go back to jail again.  And you don’t blame them.  Who wants to go?  What are the penalties? Your freedom is taken away.  There’s some bad people in there sometimes.

First-Time DUI

So, one of the biggest things I try to do is keep you out of jail and I figure out ways to do that and there’s a lot of different angles to do it.  First and foremost, one of the most important things to know is that if it’s a first-time DUI and nobody was injured then that puts you in a real good position right from the beginning to avoid any jail time.

There are some counties like Santa Barbara and Ventura and even Orange county that try to put people in jail even on first offenses.

Level of Danger on the Road

But in Los Angeles county they’re pretty reasonable about that and they will give you the benefit of the doubt as long as you didn’t hurt anybody.  But when they’re really deciding when to put somebody in jail, the prosecutors are looking at how dangerous that particular person was out on the road.

In other words, what were they doing?  How fast were they going?  Did they hurt somebody?  Were they out of control?  How high was their blood alcohol level?

These are all big factors in determining whether you go to jail because the prosecutors and judges know that the ultimate punishment that they always have in a DUI case is jail or prison time.  So, they’re going to say that for the people that they think need the deterrent, that need to go to jail for a period of time.

Multiple DUI’s

Sometimes people are alcoholics and they won’t stop drinking and driving and they get multiple DUI’s and the prosecutors and judges basically just say, those are the people that we’re going to give jail time to .

Those are the people that we’re going to send to prison because those people don’t learn.  The most effective tool we have to stop them is to throw them in custody because number one, it takes them off the street, dries them out and number two, it shows them what could happen to them if they continue to drink and drive.

They don’t care about your job.  They don’t care about your family.  They don’t care about your responsibilities.

They do care about the fact that it scares the heck out of you to go to jail.  That’s why they do it.  That’s why they use jail as a deterrent in a DUI case.  So, if you’re scared that you might go to jail whether it’s a first, second, third or fourth time DUI whether you were involved in an accident, whether somebody was hurt, you’re going to need a DUI defense attorney like me who is local to these LA courts.

When I say local, I mean practice there.  Knows the judges, knows the prosecutors, knows the procedures, knows how the court system works, knows what it takes to get you the result you must have.

Developing a DUI Defense Strategy

I have you come in and we go over everything.  I ask you to be honest and straightforward and give me all the information and then I will tell you what exactly you can do to help yourself, what you can do to help me help you and what I’m going to do moving forward to put you in the best possible position to either get the not guilty verdict that you need, get the case wiped out by way of a motion or if those two things are not reasonably possible, I’m going to be honest with you and tell you that and we’re going to take another route.

We’re going to take a route of trying to negotiate this case for you and get you the result that way.

So, pick up the phone now.  Let my twenty-five years of experience work for you.  Don’t let these people trick you on the internet to have money to advertise but don’t have the experience, the knowledge, the know-how, the local connections to get you the result you must have.

Hedding Law Firm
16000 Ventura Blvd #1208
Encino, CA 91436
213-542-0963

Can Police Force a Blood Draw in a Los Angeles DUI Case?

Believe it or not, under the right circumstances, the police are permitted to do a forced blood draw when it comes to a DUI case.  Usually where I see them being permitted to do it is when you’ve been involved in some sort of an accident.  Somehow, that greenlights them to be able to force blood.  Then the next question becomes, if they force my blood and they have the blood result, can they get me for a refusal because they have the blood result?

Refusing DUI Blood or Breath Tests

The reality is, if the police ask you to take your blood or breath related to a DUI investigation you have to cooperate with them.  If you don’t cooperate with them and you say no, and then they’re forced to take your blood, technically that’s a refusal and that’s bad, because you then get a refusal on your record, you lose your license for a year with no restriction.  Interestingly enough, I’ve seen these forced blood draw cases somehow insure to the benefit of a defendant in a DUI case in Los Angele because a lot of times the prosecutors do not file it as a refusal, and you can try to argue with the DMV as well that it’s not a refusal because they actually have the result.

Sometimes they’re claiming the person refused and the person really didn’t refuse.  That’s another issue that has to be dealt with.  But the answer to the lead tag question here as to whether they can force your blood in a DUI case is, absolutely yes.  I just don’t see them doing it and I don’t think they have justification to do it in every single DUI case.  See Related: What Happens If You Refuse To Take A Drug Test?

I think it’s typically going to be one where there’s an accident, maybe people were hurt — and then the police, by law, are justified in forcing your blood.

Providing a Breath Sample

But they can typically only do that if you don’t cooperate with them.  In other words, if you cooperate with them and are willing to give a breath sample, that’s just as good as a blood sample.  That would satisfy the law.  That would satisfy your requirements to cooperate with the police related to your DUI, so I think it would be impermissible in that circumstance to force your blood when you’re willing to give them a breath test.

All of these circumstances spin on the facts of your case.  What I have you do is come in the office.  We go over everything under the cloak of the attorney/client privilege and then we’ll start talking about the plan moving forward.

Reviewing Your DUI Case

What are we going to do on this forced blood draw case?  Do we have a defense?  Was the blood tainted in any way?  Can we hire an expert that might be able to help us in the case or is this one we’re going to have to negotiate and resolve for the best possible resolution?  These are all things we talk about.

Obviously, I’m going to put my twenty-five years of experience to work for you so you make the best decision if the police have forced your blood.

Obviously, the next issue we’re looking at is, if they forced your blood, is your blood alcohol level a .08 or greater, because if it’s not and it’s lower, then you’ve got a good argument that you shouldn’t be a DUI case.

So, this 23152(b) Vehicle Code Section really has to do if they force your blood and you’re over a .08 or greater, then they can charge you with a DUI because it’s presumed that you can’t safely operate a motor vehicle.

If, on the other hand in LA, they force your blood and get a result, and it’s under a .08, then the only Section they’re really going to be able to go under is 23152(a) which says you’re driving a motor vehicle and you have alcohol in your system and you can’t safely operate that motor vehicle, and that’s when they’re going to start looking at other factors besides what your blood alcohol level was — how you were driving, whether you got into an accident, how you performed on the subjective field sobriety tests and a whole host of other factors like your breath, your eyes — all sorts of things they can look at when they’re trying to determine whether you’re a DUI related to a forced blood draw in Los Angeles County.

Hedding Law Firm
16000 Ventura Blvd #1208
Encino, CA 91436
213-542-0963
www.acecriminalattorneys.com