Driving under the influence of alcohol or drugs under California Vehicle Code 23152(a) VC and California Vehicle Code Section 23152(b) VC is one of the most widely charged criminal offenses in the LA area. Each day and night, law enforcement officers from the Los Angeles Police Department, California Highway Patrol, Los Angeles County Sheriff's Department and other agencies patrol the streets and freeways of Los Angeles looking for impaired drivers. Under the law it is a crime to operate a motor vehicle while under the influence of drugs or alcohol or with a blood alcohol content of 0.08 percent or above.
Unless the suspected drunk driver is stopped as part of a DUI checkpoint operation, a law enforcement officer must have probable cause that a driver is violating the law before the officer can legally justify stopping the vehicle. This is usually a violation of a vehicle code provision, such as speeding, improperly changing lanes or an equipment violation. Once a driver has been stopped, the officer must then be able to objectively form the opinion the driver is intoxicated. This is typically based on symptoms of intoxication, such as an odor of alcohol, bloodshot or watery eyes or slurred speech. At that point, the officer will usually ask the driver to submit to a series of field sobriety tests designed to determine if the driver is impaired. The officer may also request the driver to breath into a Preliminary Alcohol Screening ("PAS") device to see if the driver has a high blood alcohol content.
Once the officer concludes the driver is impaired, he or she will arrest the driver for DUI and will take the driver to the police station or hospital for further, more accurate chemical testing. The driver will be given the option of providing a breath or blood sample at the station (or hospital for blood). If the driver refuses testing, he or she can still be charged with a DUI offense and can lose their license for a full year.
During the Los Angeles DUI arrest process, the arresting officer will provide a notice of impending license suspension from the DMV. At that point, the driver will spend the night in jail. They may be released and provided a future court date or may have to appear in court for their arraignment the following day.
The case will be sent to a prosecutor to review for criminal filing. For first time DUI offenses in Los Angeles, that will be a prosecutor from either the Los Angeles City Attorney's Office or the Los Angeles County District Attorney's Office, depending on the location of the incident. The driver is usually charged with one count of driving under the influence in violation of California Vehicle Code Section 23152(a) VC and driving with a blood alcohol content of 0.08 percent or higher in violation of California Vehicle Code Section 23152(b) VC. In addition, the driver would have to deal with a potential driver's license suspension from the DMV. If the driver requests a hearing within ten days of the arrest, they would have the chance to contest the suspension before a hearing officer from the Department of Motor Vehicles. An effective Los Angeles DUI attorney may be able to challenge the stop of the vehicle, the basis for arrest, and the results of the chemical test, both in court and before the DMV. For those convicted of DUI, penalties can include jail time, mandatory alcohol counseling classes, community service/labor, loss of license and substantial fines.
If you have been arrested for DUI in Los Angeles, it is imperative that you contact an experienced Los Angeles DUI Attorney immediately. For more information about DUI in Los Angeles, and to schedule your 1/2 hour free consultation, contact Los Angeles DUI Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.