If you are arrested for and accused of a DUI, the State of California has been training and funding an entire system to prosecute you for the last 30 years.
So the only question is: how do you even the playing field and get a fair shake at justice when faced with a DUI in Los Angeles?
Hire an Experienced DUI Lawyer
Los Angeles DUI attorney Ambrosio E. Rodriguez is dedicated to ensuring that the playing field is leveled in your favor. Mr. Rodriguez has both the training and experience to make sure you receive the best possible outcome.
Mr. Rodriguez understands that many drunk driving cases are legally flawed because there was a lack of “reasonable suspicion” to pull the vehicle over in the first place or/and there was a lack of “probable cause” to continue the investigation. A legally flawed cases can be dismissed by a judge if a DUI lawyer files and argues the proper motions. In addition, many DUI cases in Los Angeles are factually flawed because they were improperly investigated.
For example, many times the Field Sobriety Tests are flawed because the police officer gives poor directions or there is a language barrier between the police officer and the driver, which results in poor performance on the test due to poor directions or miscommunication by the police officer, rather than impairment due to alcohol or drugs. There are too many factual flaws that can occur in a DUI investigation to list. The important thing is that you hire a Los Angeles DUI lawyer like Mr. Rodriguez who knows where to find those flaws and weaknesses, and use them in your favor.
If you or a loved one has been charged with drunk driving, you need a qualified drunk driving lawyer to protect your rights. As a former prosecutor, Mr. Rodriguez has the experience to aggressively defend you. Choosing a qualified DUI lawyer is an important and difficult decision. Call today for a free consultation to discuss your options so that you may obtain the best possible outcome. We are available 24/7 at (800) 852 – 9851.
CALIFORNIA DUI LAWS
There are two separate criminal charges that are common in DUI cases. The first is Vehicle Code section 23152(a) (Driving Under the Influence of Alcohol or Drugs), and the second is Vehicle Code section 23152(b) (Driving With a Blood Alcohol concentration of .08% or greater). In order for a driver to be found guilty of a “DUI” the prosecution only has to prove one of these charges. It is important to hire a qualified Los Angeles DUI lawyer to guide you through the process.
THE FIRST CHARGE: California Vehicle Code Section 23152(a)
Under the first charge the government must prove that the driver’s ability to drive was impaired by either alcohol or drugs. The government will use the driver’s performance on “Field Sobriety Tests” and the testimony of Criminalists from the Department of Justice to try to prove it’s case. The Criminalist will testify as an expert witness that based on the driver’s performance on the Field Sobriety Tests and the amount of alcohol or drugs in his/her system, his/her ability to drive was impaired by alcohol or drugs. A qualified Los Angeles DUI lawyer will challenge the government’s case to attack any errors committed during the Field Sobriety Test.
THE SECOND CHARGE: California Vehicle Code Section 23152(b)
Under the second charge all the government has to prove is that the driver’s blood alcohol content was a .08% or greater at the time he/she was driving. In other words, driving with a blood alcohol level of a .08% or higher is by itself against the law, regardless of whether or not the driver’s ability to drive is impaired by alcohol. To prove it’s case, the prosecution will again rely on a Criminalist from the Department of Justice to testify as to the driver’s blood alcohol concentration at the time of driving.
THE EVOLUTION OF DUI LAWS
In the 1980s, America began to change its approach to the prosecution of Driving Under the Influence. What was once a glorified speeding ticket became a serious crime with serious consequences. Law enforcement agencies throughout the country—especially in Los Angeles—developed law enforcement task forces that were multi-jurisdictional in order to crack down on DUIs.
In the last 30 years the State of California has increased the penalties and jail time for a DUI conviction. Moreover, a DUI conviction stays as a “prior” on your record for purposes of sentencing (that is jail time and fines) for 10 years. The more prior convictions you have, the higher the penalties you will get in terms of jail time, fines, and suspension or even revocation of your driver’s license. Additionally, although DUIs are misdemeanors, the fourth DUI can be filed as a felony and it could easily lead to prison time. Hiring a qualified DUI lawyer can help prevent any long-term consequences from a DUI conviction.
The State of California has spent a lot of money on the science of DUIs. For example, the California Department of Justice has an entire team of Criminalists whose sole job is to analyze the breath or blood results of those suspected of a DUI, and then testify against them in a court of law. The State of California also spends millions of dollars a year training law enforcement officers on how to investigate DUIs, and prosecutors on how to convict those accused of a DUI.
Contact Us To Fight Your DUI Charges Today
At The Rodriguez Law Group, we will attack every part of the prosecutions case against you. We have vast experience handling DUI cases and will fight to get you the best possible outcome. Call the DUI lawyers at The Rodriguez Law Group today for a free consultation.
- California Vehicle Code Sections 23152(a) and 23152(b)
- Explanation of .08% Blood Alcohol Content
- Arrest for Driving Under the Influence DUI General Information
- California Penalties for DUI Offenses
- California Highway Patrol
AMBROSIO E. RODRIGUEZ
With over 13 years experience as a Senior Deputy District Attorney, Ambrosio E. Rodriguez understands what you are up against: “the system.” The government has unlimited resources to come after you. As a former prosecutor, Mr. Rodriguez does not only know the system, he was the system. He will aggressively represent you to achieve the best possible outcome. When you hire Ambrosio E. Rodriguez, you tip the scales of justice in your favor.