Los Angeles DUI Attorney

Charged with a DUI in Los Angeles?

Most people don’t realize it, but in California a DUI really could mean any of four separate charges:

• Driving under the influence of alcohol and/or drugs, under Vehicle Code § 23152(a).
• Driving with a blood alcohol content of 0.08% or greater, pursuant to Vehicle Code § 23152(b).
• Driving under the influence of alcohol and/or drugs and causing injury, under Vehicle Code § 23153(a).
• Driving with a blood alcohol content of 0.08% or greater and causing an injury, pursuant to Vehicle Code § 23153(b).

Driving Under the Influence

To convict you of driving under the influence, the prosecutor must prove the following:

• You drove a motor vehicle, and
• You were under the influence of alcohol and/or drugs at the time you drove.

You are “under the influence” when, as a result of drinking alcohol and/or taking drugs, your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. The drugs may be illegal, prescription, or over the counter, so long as they have impaired your ability to drive your car like someone who is not intoxicated.

Driving With a .08% BAC

To convict you of driving with a BAC of 0.08% or higher (DUI “per se” rule), the prosecutor must prove the following:

• That you drove a vehicle, and
• At the time you drove, you had 0.08% or more BAC.

DUI Causing Injury

To convict you of violating Vehicle Code § 23153(a), “DUI causing injury,” the prosecutor must prove three facts:

• You drove while under the influence of alcohol and/or drugs,
• While driving, you broke a law (in addition to driving under the influence) or acted in an otherwise negligent manner while driving, and
• That your unlawful act or negligence injured another person.

To convict you of violating Vehicle Code § 23153(b), the first element changes, but the second and third remain the same. So instead of proving that you drove under the influence, the prosecutor must prove that you drove with a BAC of 0.08% or greater.

Defenses

As a West Covina criminal lawyer will advise you, the most common defenses for these charges include:

• Your BAC was below 0.08% at the time of driving.
• Your breath sample was contaminated.
• The DUI breath testing machine wasn’t properly maintained or calibrated.
• Your blood test was improperly collected and/or stored, or was kept outside the proper “chain of custody.”
• Alcohol may not be the cause of your driving problem.
• Field sobriety tests don’t properly measure impairment.
• The police didn’t follow correct procedures.

If you’ve been arrested for DUI, contact experienced West Covina criminal lawyer Daniel V. Cota at (800) 351-6860.