Los Angeles DUI Attorney

An Overview of Los Angeles DUI Charges

California has strict DUI (driving under the influence) laws which it aggressively enforces. In the Los Angeles area, local law enforcement is especially tough on anyone stopped for driving under the influence of drugs or alcohol. A person is considered DUI if they have a blood alcohol content (BAC) of .08% or higher, or if they are driving under the influence of drugs in Los Angeles. The drug can be either an illegal narcotic or a prescribed drug.

Police officers are allowed to pull someone over if they suspect them of being DUI due to erratic driving or some other indication. They must have good probable cause to stop someone in order for this point to hold up in court or otherwise they will be accused of an unlawful police stop. In most cases, a person is stopped because they committed a moving violation, such as speeding, running a stop sign or a red light. In more severe cases, an officer may have a first contact with a Los Angeles DUI when a person has had an accident. If a person is injured during a DUI accident, then the driver will be in violation of California Vehicle Code Section 23153(a) or 23153(b). Depending on the seriousness of the injury, the driver could be charged with either a Los Angeles misdemeanor DUI or a Los Angeles felony DUI.

After a person is stopped, the officer will then usually ask a few questions. It is usually at this point when the officer will suspect the driver was driving under the influence. The office will then ask a series of questions. Most people think that the officer must provide the driver with his or her Miranda Rights. However, the California Supreme Court had indicated that in a DUI, prior to an arrest being made, Miranda does not apply.

Understanding Field Sobriety Tests

After the questioning, if the officer still believes that the driver was under the influence at the time of driving, then the driver will be asked to preform a serious of standardized field sobriety tests. These include the following: asking the person to walk the line and turn, one-leg stand test, and shining a light in the eye of the driver to see if their eyes have something called horizontal gaze nystagmus test. In some instances the officer may ask the driver to recite the alphabet, or count backwards. This exam is used to test the skills of the driver.

After the tests, if the officer still believes that the driver is under the influence of alcohol or drugs, then the person could be asked to take a Preliminary Alcohol Screening Test (PAS). This test is optional. In many cases the officer will fail to inform the diver that this is optional and a top rated Los Angeles DUI defense attorney will be able to attack this evidence. The PAS test is used to determine the Blood Alcohol Content at the time of driving. If it indicates that you are driving over the legal limit, the police officer will arrest you. When you find yourself in this situation, our office highly recommends that you contact a DUI defense attorney to assist you with the charges. Penalties for conviction can be severe, including fines, license suspension and even jail time. You do not want to go unrepresented when it comes to a DUI charge.

Once arrested, you are provided with a Suspension Order and Temporary License, which basically allows you 30 days of driving before your license is suspended. You have 10 days from the date this form is given to you to schedule a DMV hearing. If you fail to schedule this hearing, you automatically have your license suspended. At this hearing it is crucial for you to have your DUI defense lawyer at your side to question the officer that arrested you for DUI, as well as witnesses, and to file motions to attempt to avoid the license suspension. At the hearing an arraignment date will be set, where you will obtain all evidence against you as well as attempt to plea bargain the charges, if applicable, or even have them dismissed, depending on the circumstances. If the case is not resolved at this point, you will have a jury trial where all evidence, witness testimony and attorney arguments are presented. At the trial you will either be found guilty and sentenced, or your charges will be dismissed if you were deemed innocent. Your sentence depends on the severity of your DUI charges, but normally involves fines, possible probation and DUI education classes.

Experienced DUI Defense Attorney for Los Angeles

The DUI court process is involved and can be lengthy.With an effective and knowledgeable defense attorney protecting your rights, you have the best chance of overturning the charges or even getting them dismissed. Attorney Kraut, as a former Deputy District Attorney in Los Angeles, has extensive experience in the methods used by prosecutors to build a case against you. With this experience and his contacts in the criminal justice system, his firm is your best option for a strong defense of your DUI charges.

Contact a Los Angeles DUI Lawyer at the Kraut Law Group today to discuss your DUI charges and the legal strategy to fight them.