When individuals facing a DUI arrest reach out to me, they often express their concerns about their clean driving record, stable job, and family responsibilities. They understand the serious implications of a DUI conviction on their lives. This is where the importance of hiring a DUI lawyer becomes evident.

Those aren't the factors prosecutors consider when deciding whether to file a DUI charge against someone.  Will they be considering factors like your blood alcohol level?  How was your driving?  How did you perform on the field sobriety tests? Those are the main things that they're looking at.

So, suppose your blood alcohol level was well over a .08, and you've got some lawyer or the office manager of a DUI law firm telling you they're going to get your case dismissed. In that case, that's probably not going to happen, and they're not being truthful with you because they have yet to look at all the evidence in the case.

It's crucial not to be swayed by unrealistic promises or misleading information.  Criminal defense, including DUI cases, is dealt with in a common-sense manner. Trust in the expertise of your DUI lawyer and the legal process.

Having a DUI lawyer on your side is not just an advantage; it's a necessity. The lawyer you hire will focus on all the aspects that can work in your favor.  Public defenders are competent, but private lawyers have a significant edge. They have the opportunity to sit down with you before the lawsuit is filed.

A DUI lawyer will guide you through the legal process, advise you on your rights, and work to build a strong defense strategy based on the specifics of your case. This should give you a sense of reassurance and confidence in your decision to hire a DUI lawyer.

They have the time to gather all of the excellent information that can help you, and they'll be focused on achieving the best possible result. What information can they gather to present to the prosecutor and the judge to get a good resolution?

BAC Near.08 Is a Valid Defense Argument

Having a good driving record is essential.  Having insurance is critical, but it's not the primary factor in a DUI case.  If your blood alcohol is at or near .08, you've got a good argument because the breath machine they use to test your blood alcohol level is not 100% accurate.

That's not just something defense lawyers are saying.  Even the prosecutors know that, and their experts will testify that that machine has an error rate of .02.  So, if you blew a .08, you might have been a .06.  If you're a .06, you're not under the legal limit.

So, since they know that if you blew a .08, especially in Los Angeles County, for a DUI, you have a really good chance of getting something less than a DUI. This possibility of a positive outcome can instill a sense of hope and optimism in your situation.

That doesn't necessarily mean they will dismiss the case because a .08 is the legal limit.  If they can prove you're a .08 and prove that some factors show that you can't safely operate a motor vehicle, they might be able to win.  So, in that case, they may take the risk and take the chance to trial versus dismissing it.

How Were You Driving the Vehicle?

Another factor they will look at is how you were driving.  In other words, if you're driving erratically, swerving around, or getting in an accident, even if you were a .08, they have an argument that you're not going safely because you're under the influence of alcohol, which is what the whole DUI law was meant to guard against.

A whole host of factors go into how the prosecutors decide whether to dismiss a DUI case, give you a lesser offense, or be harsher than they usually are with a DUI. There are other harmful factors that they can look at.  For example, if you were going very fast, got in an accident, or hurt somebody. 

The more dangerous they perceive you, the more likely they will punish you and force a DUI down your throat. These factors, along with your behavior during the arrest and the strength of your defense, can influence the outcome of your case.

The more your defense attorney can show that you weren't dangerous — that you were fine, you passed many of their tests — the more likely it is that you will get something other than a DUI. Bet your bottom dollar on those field sobriety tests; many of my clients come in and say that they feel they passed those tests.  The bottom line is you didn't give them, according to the police. Otherwise, they couldn't have arrested you.

They can't say you passed all of the tests and then arrest you.  That would be an unlawful arrest.  To stop, they're going to have to say, in their opinion, you were unsafe to drive, and you failed the test.

Sometimes, they'll give you some passes or close-to keys on some of the tests. That is very helpful to you and to me, as a DUI defense attorney, as it allows me to communicate effectively with the prosecutor. As you know, they say the person failed all the tests almost every time.

Ability to Safely Operate a Motor Vehicle

It's crucial to understand that field sobriety tests are highly subjective.  They're designed to evaluate whether you can safely operate a motor vehicle, but the interpretation is left to the police. This should make you more aware and prepared for the subjectivity of these tests. 

It's important to remember that the police, while trained to catch people for DUIs, are not infallible decision-makers. Their focus on catching DUI offenders and the incentives they receive for doing so can sometimes cloud their judgment. This should make you more cautious and vigilant about the accuracy of their actions and statements related to your DUI arrest.

They're not always the best decision-makers because they're usually honed in on trying to catch people for DUIs.  They've been trained to do it.  They get awards to do it. 

So, I don't have much confidence that they will be perfectly accurate in everything they say and do related to the DUI arrest. I am confident that just because you're a nice person, they won't dismiss your DUI case. 

You'll need a tough, hard-hitting, intelligent DUI defense attorney by your side if you want to get the best result. This reassurance about the fairness of the legal process can provide you with a sense of security and protection.