A DUI arrest in Los Angeles is a frightening, fast-moving situation. One moment you may be driving down the 405 or leaving a venue downtown, the next you face handcuffs, a trip to a police station, and the looming possibility of criminal charges. If you find yourself in this serious position, you need to understand how to defend against a DUI charge in Los Angeles and what legal options you truly have.
California law treats driving under the influence seriously. A conviction can mean jail time, substantial fines, loss of your driving privileges, and a lasting criminal record. But an arrest is not a conviction. By understanding the specific legal procedures and defense strategies available under California law, you can build a strong, determined defense.
The Dual Nature of a California DUI Case
In California, a single DUI incident triggers two separate legal actions you must defend:
1. The Criminal Court Case
This is the standard criminal proceeding handled in a Los Angeles County courthouse, such as the Airport Court, Metropolitan Court, or Pasadena Court. The State of California, through the District Attorney, must prove beyond a reasonable doubt that you drove a vehicle while under the influence of alcohol (Vehicle Code § 23152(a)) or with a Blood Alcohol Content (BAC) of 0.08% or higher (Vehicle Code § 23152(b)).
2. The DMV Administrative Per Se (APS) Hearing
The Department of Motor Vehicles (DMV) starts a separate process that only concerns your driving privilege. Upon arrest, the officer likely gave you a “Notice of Suspension.” This notice begins with a strict ten-day deadline. If you do not request an APS hearing within this ten-day window, the DMV automatically suspends your license. The APS hearing is vital because it determines if you can legally drive while the criminal case proceeds.
Understanding California’s DUI Laws
To defend your case effectively, you must know what the prosecution needs to prove. California law defines DUI in specific ways.
The BAC Threshold
The most common charge involves California Vehicle Code § 23152(b), which makes it illegal for an adult to drive with a 0.08% or higher BAC. For drivers under 21, the legal limit is 0.01%. Commercial drivers face a lower limit of 0.04%.
Driving While Impaired
California Vehicle Code § 23152(a) makes it illegal to drive under the influence of alcohol, regardless of your BAC. For example, if your BAC was 0.07% but police believe your driving was obviously impaired, the prosecution can still file this charge. This charge relies heavily on subjective observations by the arresting officer.
Essential Legal Defenses in a Los Angeles DUI Case
An experienced attorney will carefully investigate every phase of your traffic stop and arrest to uncover grounds for defense. The defense options fall into a few key categories:
Challenging the Traffic Stop and Detention
Police must have a legal justification to stop your car. They must have reasonable suspicion of a Vehicle Code violation, like weaving or speeding, or an equipment issue, like a broken taillight. If police stopped you without a valid legal reason, your attorney could argue to the court that all evidence gathered afterward, including breath or blood tests, should be excluded. This legal procedure often dismisses the entire case.
Questioning the Field Sobriety Tests (FSTs)
Field Sobriety Tests, such as the walk-and-turn or one-leg stand, are highly subjective and often unreliable, especially when performed at the roadside on an uneven surface. A person’s age, weight, physical injuries, or even shoes can affect their performance. Your defense can argue that the officer incorrectly administered the tests or misinterpreted your performance.
Challenging the Chemical Test Results
Breath and blood tests are not perfect. Defense strategies often focus on the margin of error or procedural flaws:
- Calibration and Maintenance: Did the police department properly calibrate and maintain the breathalyzer device according to California standards?
- “Rising BAC” Defense: Alcohol takes time to absorb into the bloodstream. You may have legally driven with a BAC below 0.08%, but your BAC rose to an illegal level only after the arrest and testing.
- Contamination or Storage: For blood tests, did lab technicians follow the required protocol for collecting, storing, and analyzing the sample? Contamination or improper storage can change the results.
Defense by Legal Necessity or Mistake of Fact
In rare circumstances, an attorney may present defenses based on necessity or a mistake. For example, a person might argue they drove because they needed to escape an immediate physical threat. These are difficult defenses, but they illustrate the importance of reviewing every detail with an attorney.
The Los Angeles Court System and Procedures
Your defense strategy must account for the local court structure. Los Angeles County processes a massive volume of DUI cases, meaning the system can move quickly and impersonally.
Arraignment
The arraignment is your first court date. At the arraignment, the court formally reads the charges against you. An attorney enters a plea on your behalf, which is often “Not Guilty.” This will allow the time needed to investigate the case thoroughly.
Pre-Trial Motions and Hearings
Before a trial, your attorney files motions to challenge the evidence. For example, a Motion to Suppress Evidence attempts to exclude evidence based on an illegal stop or search. Successfully arguing these motions often forces the prosecution to offer a favorable plea or dismiss the case entirely.
Trial
If negotiation fails, the case proceeds to a jury trial. The prosecution must prove guilt beyond a reasonable doubt, a very high legal standard. Your attorney presents the defense’s strategy, cross-examines police officers and forensic scientists, and works to create reasonable doubt in the minds of the jurors.
Protecting Your Future and Your Rights
Dealing with a DUI case requires immediate action and determined representation. You need someone who understands the complexity of the Los Angeles court system and the specific requirements of the California Vehicle Code. The criminal process is challenging, and if you hope for a positive outcome, never face it alone. Ensuring you have an experienced DUI defense attorney involved as early as possible in your case is vital.
At California Legal Counsel, our attorney brings the strong, determined legal defense necessary to protect your rights and future. We provide comprehensive legal support from the DMV hearing to the criminal trial, focusing on personalized strategies tailored to the facts of your case. Our attorney has been named among California Super Lawyers®, reflecting a proven commitment to legal excellence.
If you or a loved one faces a DUI charge in Los Angeles, do not wait. Take action now. Call California Legal Counsel today, click to call 866-691-2077.
