Understanding the intricate process of a DUI case in Los Angeles can be empowering. By knowing how a DUI case unfolds from start to finish, you can better comprehend your role and take proactive steps to achieve the best possible outcome.
First, you're arrested by the police. Typically, they're going to pull you over, or there will be an accident, or somehow the police come in contact with you out on the road. The next thing they have to determine is whether you were driving a car.
If they can't prove you were driving, they can't get you for a DUI. Once they confirm that you are going, they have to determine your blood alcohol level at the time. However, they typically test you before they do that.
They're going to do field sobriety tests designed to determine whether you can safely operate a motor vehicle in Los Angeles. If they can prove there's alcohol in your system and you fail those field sobriety tests, they can get you for Vehicle Code Section 23152(a), which says you have alcohol in your system and can't safely operate a motor vehicle. That doesn't have anything to do with what your blood alcohol level ultimately ends up being.
Another thing they like to do in conjunction with the field sobriety test is when they pull you over; they ask you if you've been drinking. If somebody is foolish enough to admit they've been drinking, they have step one. They have alcohol in their system.
Now, all they have to do is prove you can't safely operate a motor vehicle, and they're in business as far as a DUI goes. Then they're going to start asking you other questions to test your ability to follow instructions and get a feel for whether or not you're under the influence of alcohol or some other drug or prescription drug.
Once they make that determination and conduct the field sobriety tests, they check the box for asking you questions; then, they have to decide whether or not to arrest you.
DUI Blood or Breath Tests
Once they arrest you, they'll put you in the back of the police car, and then they're going to ask you whether you want to take a blood test where they draw blood from you at a hospital or one of the local jails, or whether you want to take the breath test.
Most of the time, the police will try to push you towards the breath test because it's easier for them to administer. The blood test is slightly more of a nuisance. So, unless you insist on a blood test, they will likely try to steer you towards a breath test.
Don't confuse the breath test you choose and complete at the station with the one conducted in the field. In Los Angeles County, unlike Ventura County, where there are facilities available throughout the area, they've a PAS device, a Preliminary Alcohol Screening device. That's just used to test to see your alcohol level to determine whether they want to arrest you or not.
But the real test is the machine back at the station – the Intoxilyzer 3000. They're going to have you blow into that. Sometimes people don't blow enough, d they're going to have you keep blowing, blowing, blowing until they can get two good results.
A tiny strip prints out of the breath machine, and if you're a .08 or greater, you will be cited for a DUI. They'll hold you in there for as long as they deem appropriate, so when they let you go, you'll be safe out on the road. Once they let you go, they'll give you a citation to appear in court approximately thirty to forty-five days away, depending on how busy the court system is.
Retain a DUI Attorney and Arraignment
You'll then be able to retain an attorney. He'll show up for the arraignment. They'll give you the attorney all of the paperwork in the case. They will review it and decide where the case goes from there.
The case will probably be continued, and then after the arraignment, you'll get a chance to meet with your attorney to get your strategy together — whether you're going to fight the case or whether it's in your best interest to let your attorney try to negotiate a plea bargain with the prosecutors in the case.
Your attorney should provide you with a copy of the paperwork so you can review it. This step is crucial as it allows you to understand the details of your case and actively assist your attorney in determining the next steps, making you feel involved and responsible for your defense.
This gives you a fairly good understanding of how a DUI is handled in Los Angeles. If you decide to make a deal, you're going to go into court. Your attorney will go over the Waiver form with you. It has all of your constitutional rights. You'll enter a plea of either guilty or no contest, and then you'll resolve your matter, allowing you to start the process of moving past this difficult situation.
If, on the other hand, you and your attorney review everything and decide the best course of action is to fight the case, then you can proceed to a jury trial, where a jury will determine whether you're innocent or guilty. So, if you have a DUI in California, specifically Los Angeles, you'll want to get an attorney who has been down this road before and has had success.
