DUI Attorney Los Angeles
Driving Under the Influence of alcohol or DUI will bring problems and trouble into your life. DUI charges are misdemeanors that can effect your job, effect whether or not a University will accept you and these DUI charges can result in your driving privileges being suspended for up to six months or longer if you are a repeat offender or have an extremely high blood alcohol level.
Frequently Answered Topics for Los Angeles DUI Attorney:
Do I Tell the Police Officer I was drinking?
No! You do not want to answer that question. You are never encouraged to lie to police because your credibility in court will be questioned if you lie to the police and they will take advantage of any lie you tell them. However, you have the right to remain silent and are not required to answer any questions asked of the Police, except for answering and giving them the standard information such as your name, birth date, and current address. Never be rude to the Police Officers, but simply tell them that you have been advised not to answer any further questions.
Do I Take The Breath Test (PAS-Preliminary Alcohol Screening) at the scene of the stop?
You have a right to refuse the take the PAS Test, also known as the Preliminary Alcohol Screening test. The police officer is required to advise you that you do not have to submit to a PAS, However, most of the time they fail to advise you of this. If you submit and blow into the hand held device, you are giving the prosecution more evidence to convict you. It is true that the PAS device is often inaccurate and can give a higher reading, and at other times taking this test will result in a reading of less than .08 % BAC. However, even if it is blow an .08 most of the time the cop will arrest you and charge you with Driving Under the Influence or the “A” Count.
First thing – you are not required to submit to the PAS test, but you are required under state law to submit to a breath test or blood test. Under state law you MUST submit to a breath test or a blood test. You have the choice of submitting to either test. If you refuse to submit to a breath or blood test your license can be suspended by DMV for 1 year or more. And the court can give you jail time and a longer than 3 month alcohol program.
Do I Take a Blood Test or a Breath Test?
If you did in fact submit to the PAS test at the scene under state law you still must submit to another breath test or a blood test. Your choices are to take a blood test or a breath test. In nearly every case the breath test is going to be your better choice. The various devices used to measure Blood Alcohol Content by breath test are more susceptible to test mistakes and makes for a better defense against the results of a breath test. Blood test results are generally more accurate, the scientific test method is much more controlled and reliable, and therefore it is going to be more difficult to defend against a blood reading of .08% or greater. However, this is not to say that blood results tests have not helped DUI people in the past. If you submitted to a PAS test and it is much higher than you believe it to be accurate, and you stopped your drinking well before having contact with the police, in that circumstance you may want to request the blood test – not only so that you receive a more accurate reading, but also with the hope that the length of time it takes to get a blood test will result in a decrease of your alcohol content reading. Despite this, do not expect a significant delay in the taking of blood in Los Angeles County. Hospitals in Los Angeles are found throughout the county and rarely too busy to test you immediately. Therefore, requesting a blood test in this type of circumstance is only a good idea under very limited circumstances.
What happens if I refuse to take a blood or breath test?
If this is your first DUI and Your first Refusal, your drivers license will be suspended for one (1) year.
Should I submit to Field Sobriety Tests?
Under the law in the State of California if you are suspected of DUI, you are NOT required to submit to Field Sobriety tests. However, the cop will not tell you this. Even if you are completely sober and you submit to these tests, you may fail. Why, because these tests determine your coordination. Some people can not perform balance tests because they are uncoordinated. And if this is you, you will fail the tests and you will be arrested for DUI. So my advise is to not submit to Field Sobriety Tests.