This guide is inteneded to give you, the reader a brief overview of the DUI Case Process. It can also be found on my website www.TipsyLaw.com or feel free to contact me for a free consultation at 213-612-7720
Possible DUI Offenses
1. VC 23152(a) – Driving under the influence of Drugs or Alcohol or Both Usually charged with this crime. Any amount of alcohol in your system is enough but the prosecution has the burden (if BAC under .08) to prove you were impaired at the time you were driving. 2. VC 23152(b) – Driving Under the Influence of Alcohol with a BAC of .08 or higher Under this subdivision is it automatically assumed you were too impaired to drive. 3. VC 23152(C) – Commercial Driving with a BAC of .04 or higher. 4. VC 23550 and 23550.5 – Felony Drunk Driving Due to Prior Convictions 5. VC 23136 – Driving under the influence with a BAC of .01 or higher and under the age of 21. 6. VC 23140 – Driving under the influence of BAC of .05 higher under the Age of 21 7. VC 23577 – Chemical Test Refusal Sentence Enhancement Sentence 8. VC 23572 – Child Endangerment 9. VC 23153(a) & (b) – Felony DUI Usually in Cases with Bodily Injury
Arraignment is usually your first court date. At arraignment the court will ask the defendant to enter a plea (either guilty or not guilty). At arraignment there may also be Bail Discussions. Bail or O.R. Conditions are given at arraignment. The Defendant will receive the Police Report If the Defendant was not booked but rather just cited and released, the court may require the defendant to be booked and released if given O.R. If there are flaws in the filing by the DA or City Attorney’s Office, the Defendant’s attorney should ask to “put the arraignment” over to another date. The attorney should do this in order to have time to file the demurrer.
There are six factors to evaluate in a Defendant’s Case: (1) What was the BAC of the Defendant (2) How was the Defendant Driving (3) Client’s Statement at the time of arrest and detention. (4) Symptoms of Intoxication (5) Would a Jury like the Defendant (6) What kind of Witness would the Officer make. Negotiations can not only be done with the prosecutor, but also with the Judge for an open plea to the court. But an open plea means pleading guilty to all charged. Possible Reductions from a DUI can be to a Wet Reckless or a Dry Reckless and sometimes even an Exhibition of Speed which will effectively dismiss a Defendant’s DUI Charge.
Possible Reasons to Stop
Below are some reasons as to why you may be stopped: (1) Weaving (2) Cracked Windshield (3) Speeding (4) Tinted Windows (5) Illegal U-Turn (6) Object Hanging from Rear-View Mirror (7) Flicking Ashes (8) Defective Tail Lamp (9) Failure to use turn signal (10) Missing License Plate (11) No Seatbelt (12) DUI Checkpoint
Some Possible Defenses
Some possible defenses include but are not limited to… (1) Presence of a Medical Condition (2) Due Process Violation AKA Speedy trial rights (3) Improper Collection Method of Breath, Blood or Urine Sample (4) Test Results near the legal limit (5) Margin of Error (6) Scientific Articles as Evidence (7) Alcohol Metabolism (8) Chain of Custody Issues regarding Blood Sample (9) Blood drawn by an unqualified person.
What are the grounds for the issuance of a APS Order? (1) Under Age of 21 and BAC of .01 or higher (2) BAC of .01 or higher while on Probation (3) BAC of .04 or higher while driving a commercial vehicle (4) BAC of .08 or higher while driving (5) Refusal to Submit to a chemical test of PAS test if under 21 years of age or on probation.
How to Reqeust a DMV Hearing
(1) By Phone (2) By Writing (3) In Person Defendant must request to receive the Discovery and must provide Discovery
How to Win a DMV Hearing
(1) Prove Not Person Driving at time of DUI (2) Prove BAC not .08 or higher at time of driving (3) No Probable Cause to Arrest For Refusals (1) Show did not refuse (2) Was not informed by officer that license would be suspended for one year if refuses to do chemical test.