Los Angeles DUI Defense Attorney

Arrested for Drunk Driving in Los Angeles?

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If you are arrested for drunk driving California Vehicle Code 23152 (a) (b) in Los Angeles or any other county in California you are in serious legal trouble. The state has some of the most severe penalties in the nation for DUI charges. For those who have an earlier drunk driving offense California Vehicle Code 23152 (a) (b) on their record, they will be facing enhanced penalties if convicted again. If you or a loved one has been arrested for drunk driving, it is critical that you enlist the assistance of a Los Angeles drunk driving defense lawyer immediately. At the Law Offices of Sean Tabibian & Associates, the legal team is well-skilled in the defense of DUI charges of all types, including for individuals who have multiple drunk driving convictions on their record.

Drunk Driving Defense Lawyer in Los Angeles

When dealing with such a charge, it is important to understand that you must not answer questions by law enforcement until you have legal representation. Many individuals do not understand that it does them absolutely no good to try to be friendly or chatty with a law enforcement officer. The officer wants to arrest you for the charge. What you say will be used against you later. The first thing to do is contact a DUI defense lawyer from the Law Offices of Sean Tabibian & Associates as soon as is possible after the arrest.

There are many options in the defense of a drunk driving charge, even when there are earlier convictions or when an accident occurred that led to your arrest. Police may assume that driving under the influence is the cause of the accident, but in many cases it has been proven by independent investigation that another individual caused the accident. Whatever your situation is, the legal team at the Law Offices of Sean Tabibian & Associates would like to get the details of your case to advise you how to best move forward with a defense on your behalf. The sooner you call, the sooner your case can be resolved.

The best way to avoid a DUI is to not drink and drive even if you've had a small amount of alcohol and you are not impaired. If you smell like alcohol your chances of being arrested when you are pulled over are very high. Being arrested however for A DUI does not automatically result in a conviction or loss of your driver's license in California. Here are some things that you should know.

WHAT ARE THE POLICE LOOKING FOR IN YOUR DRIVING? Lane straddling, wide turning radius, weaving, swerving, drifting, almost striking object or vehicle, driving on other than designated highway, speeding or below the limit, stopping without cause in traffic lane, following too closely, braking erratically, signaling inconsistent with driving actions, slow response to traffic signals, accelerating or decelerating rapidly, headlights not being used. YOU ARE NOW PULLED OVER AND DETAINED: WHAT ARE THE SYMPTOMS OF INTOXICATION THE POLICE ARE LOOKING FOR? California Vehicle Code 23152 (a) (b)

Odor of alcohol on breath
Flushed face
Red, watery, glassy and/or bloodshot eyes
Slurred speech
Fumbling with wallet trying to get license
Failure to comprehend the officer's questions
Combative, argumentative, jovial or other "inappropriate" attitude
Staggering when exiting vehicle
Swaying/instability on feet
Leaning on car for support
Combative, argumentative, jovial or other "inappropriate" attitude
Soiled, rumpled, disorderly clothing
Stumbling while walking
Disorientation as to time and place
Inability to follow directions

You are not required to answer potentially incriminating questions. Politely refuse to answer any questions regarding the investigation without an attorney present.

Let the officer know that you are aware that Field Sobriety Tests( FSTs) are completely voluntary. Do not agree to perform any of theses tests. If you perform them, you may be arrested anyway. This is not an objective test and the officer will use the results against you in court. Politely refuse to do the field sobriety exercises. Although officers use a wide range of FSTs, there are only three federally-approved (National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of a battery of three tests:

Heel-to-Toe (also referred to as "walk-and-turn")

One-Leg Stand

Horizontal Gaze Nystagmus - The HGN test, a relatively recent development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical term for a distinctive eye oscillation); if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This test is not accepted by the medical community however, it continues to be widely used by law enforcement.

Pre-Arrest - Preliminary Alcohol Screening - If you are older than 21, refuse to take a pre-arrest preliminary alcohol screening test. This is a portable on scene breath analyzer. This test is completely voluntary and you have the absolute right to refuse this type of breath test. Ask to go to the station for the real breath test. Under the “implied consent law” you have a legal obligation to take a chemical test this is a breath or blood test and you have a choice. If you choose breath, many jurisdictions permit you to have a second test of blood; this is because a breath sample is not saved and so cannot later be re-analyzed by your defense lawyer. A blood sample will be taken if requested after a breath test is given. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. I f you are confident that you are sober, a blood sample is the wise choice; Breath being least accurate and most easily impeached, is the best option if you believe your blood-alcohol concentration is above the legal limit. Do not refuse the chemical test. The consequences of refusing to submit to a blood or breath test are severe: They include license suspension, jail time, and the fact of refusal may be introduced into evidence as "consciousness of guilt". Some police officers record or video tape the arrest, testing and/or booking process. Always be on your best behavior. Be polite and respectful to the police officers this will go along way in your defense and your release from custody.

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Driving Under Influence of Alcohol or Drugs

23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

Contact a Los Angeles Drunk Driving Defense Attorney from the Law Offices of Sean Tabibian & Associates if you or a loved one has been charged with DUI in L.A.