When it comes to DUI cases in Los Angeles, the truth is somebody's character, and standing in the community don't help them whatsoever when trying to resolve a DUI matter.
The prosecutors don't care. What the prosecutors care about is your dangerousness level. In other words, how dangerous were you out there on the road? Were you going fast? Did you crash into any vehicles? Was your blood alcohol so high that you were highly likely to kill somebody out on the road?
These are the things they care about. People who don't have a record have a great stand in the community, a great job, a great family — the prosecutors don't care about that. It isn't very sensible to them.
That's the truth about DUIs. These attorneys or salespeople on the phone tell you to get character letters, and all that regarding a DUI is a complete waste of time. Again, these attorneys telling you to start going to AA meetings are a complete waste of time unless you have an alcohol problem.
If you have an alcohol problem, the prosecutors will probably give you more restrictions and more punishment because they will consider you a more dangerous individual.
Of course, I always encourage people to take care of their problems on their own if they have an alcohol problem or a drug addiction. But, once you get the courts involved, there are ramifications behind that.
Blood Alcohol Level
So, the truth be told, you should rely on your DUI defense attorney in plotting your strategy when it comes to these DUI cases in Los Angeles because they are the ones that are going to have all the facts, and they will have a good feel for what actually might make a difference in your case.
The fundamental factor and truth behind DUIs in Los Angeles are that the prosecutors will first look at your blood alcohol level. The higher it is, the more dangerous you are on the road. That will be one of the big things that dictate what type of punishment and conviction they want.
If your blood alcohol level is a .08 or very close to a .08, you will have a good argument that they will not prove that you're DUI because the machine they use to test your blood alcohol level is not 100% accurate, especially if you took the breath test. The blood test is more accurate, but your attorney, with an expert, can do a blood split and see what the whole blood level was, and hopefully, it's lower and closer to the .08 than what the prosecutors have.
So, truth be told, whenever you're thinking about where you stand on your DUI, obviously, you consult with your attorney, but you're also going to look at what you did out there on the road. If you're going over 100 mph on the highway and your blood alcohol level is over a .08, expect to get smashed by the prosecutors.
They're not going to let people be out there doing 100 mph with alcohol in their system. That's a recipe for disaster, and those are the type of people who will get punished.
DUI and Common Sense Manner
The absolute truth about DUIs in Los Angeles is that they look at them in a common-sense manner. They're out there — when I say they, we're talking about the judges, the prosecutors, law enforcement — they're there to protect the public.
So, if you didn't do anything dangerous and you're driving fine, and you pass most of the police's tests, and you're close to the legal limit, you will have a great argument. If you have a great attorney behind you, you're probably going to have an excellent result that you can live with. Your attorney will be in a perfect position to do damage control.
So, the first move, get in front of an attorney. Tell them what happened. Be honest. Don't leave anything out, and then start to get your strategy together for precisely what you're going to do. Most of these cases, another truth PowerPoint, will not be fought in a jury trial because the prosecutors usually won't file a claim unless they have strong evidence.
There are exceptions to this. Sometimes police rush to judgment, don't get your version of events and don't talk to all witnesses or seek all of the evidence. In those cases, you may have a chance to win the case, but this is something that your attorney is going to have to be honest with you from the gate.
Don't listen to some salesperson over the phone or some attorney get your business. They're trying to quote you a fee to do a trial, and they haven't even looked at any evidence. Because if they do the problem and you lose, they still get paid. You go to jail and end up with the worse resolution of your case.
So, I never quote trial fees until I see the case. Then we can talk about whether you should go to trial. Then I can assess how long a problem might take and give you a reasonable fee. So, you don't want people quoting trial fees right from the beginning. Let them gather information.
Let them find out what's going on with your case; then your case can be handled the right way, with a plan designed to help you; not try to get as much money from you and give you the bad news later.
So, look at some of these attorneys and what they're saying. A lot of times, they are just salespeople answering the phone. The truth in these DUI cases is that you need to get in front of an attorney who has done these cases before, knows what they are doing, and can give you some solid advice and help you make reliable strategic decisions to get the best result.