In California and Los Angeles, a person can be charged with a DUI if their Blood Alcohol Concentration (BAC) is 0.08% or above, or if they are driving under the influence of drugs, alcohol or both. Drugs include both illegal substances as well as prescription medicine that can cause someone to be under the influence while operating a motor vehicle. See DUI laws here.
Facing a DUI charge can be a frustrating, confusing and scary process. It is the most charged crime in California and is also something that law enforcement and prosecutors take very seriously due to the potential public safety issues. You may be facing thousands of dollars in fines, up to 6 months license suspension for a first time offense (without other aggravating factors), and mandatory drinking and driving education programs. Due to the seriousness of these offenses, effective and experienced representation from Los Angeles criminal defense attorney Ross Erlich is necessary to protect your rights.
There are many strategies that Attorney Ross Erlich can use to fight your DUI arrest. Some examples include:
- Was there probable cause for the police officer to pull you over?
- Was the arrest lawfully made?
- Were the field sobriety tests administered correctly?
- Was the breathalyzer machine properly calibrated and maintained?
Each one of these factors can be the basis for the prosecution to dismiss the charges or, in the alternative, to reduce them from a standard DUI. Ensuring that the arresting office followed correct procedures, administered the tests correctly and addressed any medical conditions you might have that can affect the result is crucial to your defense.
The imitation of a DUI traffic stop is one of the main focuses of the case for a criminal defense lawyer. The officer(s) must have valid probable cause to make a traffic stop. This probable cause comes in many forms – simple vehicle code violation (failure to use turn signal, failure to make a complete stop at a stop sign, speeding), a car accident, swerving in lanes or even illegal tint on the windows.
With the proliferation of dashboard cameras, body worn video cameras, cell phone footage and the like, we are increasingly getting more evidence to view, and attack, the officer(s) probable cause for the stops. For example, there have been cases where the officer states in their report that the probable cause of the traffic stop, which led to a DUI arrest, was the failure to use a turn signal. Once the video footage was requested and provided to our office, we could see our client use his turn signal before making the turn in question. Showing that to the prosecutor resulted in a favorable outcome for our client.
Many times the arresting officer does not communicate instructions correctly or effectively, thus laying the basis for improper test results due to his or her own instructions. In other instances, there may be a language barrier, which can also cause the suspect to perform poorly on the field sobriety tests.
When you contact Los Angeles criminal defense attorney Ross Erlich, you will feel confident that the experience our office has to offer will allow you to present the strongest defense to your DUI charge.
For aggressive and vigorous defense of your rights, and your driver’s license, contact Los Angeles criminal defense lawyer Ross Erlich today.
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