When it comes to these DUI cases, people get a little confused about what's going on because they don't have any basis of knowledge. They're watching TV and seeing different things, and they think they know how things should go.
Many individuals, often good people with no prior record, find themselves in a state of confusion when facing a DUI charge. They may not fully understand the legal processes and the factors that the prosecutors consider. It's crucial to be well-informed and prepared when dealing with a DUI case.
The primary factor in a DUI case is safety, not personal background or job status. Prosecutors are primarily concerned with public safety. If your actions are deemed to endanger the public, that's when the prosecutors will aggressively pursue a conviction.
When a jury evaluates a case, it will consider safety. What I mean by that, in specific, is that the whole DUI system in Los Angeles is set up to evaluate whether somebody can safely operate a motor vehicle, and a lot of the tools used to do that are things like the breath machine.
The Intoxilyzer 3000, the breath machine used in Los Angeles, measures a person's blood-alcohol level. If the blood alcohol level is .08 or greater, the legislature has already determined that that person cannot safely operate a motor vehicle. So, again, it comes back to safety. The higher your blood alcohol level is, obviously, the more unsafe you are.
Driving Under the Influence of Drugs
Suppose you're using some drugs when it comes to a DUI offense. In that case, whether prescription drugs or illegal drugs, you're not going to be as safe as someone who's not using drugs, because drugs can affect your ability to operate a motor vehicle.
That's why when the police pull you over, and they start looking in your eyes, and they make you do all of those tests, those tests are supposed to be other indicators as to whether or not you can safely operate a motor vehicle on the roadways in Los Angeles.
Whenever you're evaluating or thinking about a DUI case — and I've done a lot of them in twenty-five years, thousands in fact — it's always going to come down to safety. As a defense attorney, I can show that my client has a low blood alcohol level, has no prior record, and didn't do anything unsafe in this particular case.
In other words, they were driving, and the police pulled them over for some minor reason. Then, I will be in a solid position to argue that they weren't unsafe, and if they weren't a danger, they shouldn't be convicted of a DUI. Do you see how it works? So, that's what you have to focus on in these cases.
Blood Alcohol Level
If your blood alcohol level is double the legal limit, do you think the prosecutor is just going to dismiss the case? Not. Double the legal limit, as far as alcohol cases go in Los Angeles, is unsafe. It's dangerous.
So, if you get in an accident and you're drinking and driving, do you think the police are just going to dismiss your case? Of course, they're not. It's important to be aware of the potential consequences of a DUI case. This is what you need to focus on, and this is how we defend and mitigate these cases.
Sometimes you don't have the defense to get a straight dismissal or a straight not-guilty verdict, so you're going to look to do damage control — to get a lesser charge, to stay out of jail, whatever is applicable and appropriate to your circumstances related to your particular DUI.
The best way to do that is to have you in the office, where we can discuss what you should expect, what we should be aiming for in your case, and what makes sense based on the circumstances we find ourselves in. Make the call today.
Therefore, if you find yourself in a DUI situation in California, particularly in Los Angeles, it's crucial to seek legal advice. Hiring an attorney with experience in this area and a proven track record of success can significantly impact the outcome of your case. Contact us for a review of your case.
