DUI - The Justice Firm

Refusing A Breathalyzer In California

The Justice Firm — Wed, 27 Apr 2022 20:32:43 GMT

Erratic driving, reckless driving, or speeding are all grounds for a California police officer to pull you over. Often, officers will suspect that you’re driving under the influence if they observe that your vehicle isn’t following standard traffic laws. However, there are plenty of reasons why you might violate laws, and they don’t have to include alcohol consumption or a blood alcohol content level of 0.08 or higher. For example, you may have been driving erratically, recklessly, or speeding because you became ill, hadn’t taken your medication, or were experiencing an emergency.

Unfortunately, most officers will request that you take a breathalyzer test to learn whether you were drunk driving. The request may upset you if you know that you weren’t drinking before getting behind the wheel or if you feel as though your rights are being violated. If you’ve refused a breathalyzer test, contact The Justice Firm to represent you.

California’s Breathalyzer Laws

California’s breathalyzer laws are clear. Anyone who decides to operate a vehicle automatically consents to submit to an officer’s chemical, blood, or urine test. This law is known as the Implied Consent law. Officers perform these tests while on the road or at a police station. They do these tests with the intent to help keep the roads safe and to detect people who drive while under the influence of drugs or alcohol.

You do not have a right to request a lawyer during this period because the police have not yet made an arrest. This is true even if you’re a minor. Yet, you can refuse to blow into the breathalyzer.

But refusing to take this test can come with significant penalties. It’s not uncommon for people to think that refusing to take this test will benefit their DUI case, but that is rarely the reality. Criminal courts are permitted to enter evidence that you wouldn’t let an officer test your blood alcohol content level. As you may imagine, such evidence is more likely to sway a judge or jurors into thinking that you had something to hide, such as being under the influence. Thus, it is in your favor to submit to the breathalyzer test.

If your test results come back with a blood alcohol content level of 0.08 or higher (or. 0.04 if driving a commercial vehicle), there are still defenses at your disposal. For example, there may be grounds to argue that:

the officers didn’t follow standard procedure when administering the test,
the officers used faulty equipment when administering the test, or
the test results are insufficient for one reason or another.

Penalties

Suppose you’re found guilty of being under the influence of drugs or alcohol after refusing to submit to a breathalyzer test. In that case, you’re looking at spending an additional 48 hours in jail and a one-year driver’s license suspension as a first-time offender. You will spend an additional 96 hours in jail and a two-year license suspension as a second-time offender. For a third-time offender, you’ll sit in jail for an extra ten days and have your license suspended for three years.

Contact A Knowledgeable Los Angeles Criminal Defense Lawyer

Now that you’re aware of what’s at stake, it’s imperative that you contact a knowledgeable Los Angeles criminal defense lawyer as soon as possible. For your convenience, we offer a 24/7 live answering service. You may call us toll-free at 866-695-6714 or locally at 310-914-2444. You may also fill out our contact form here to schedule a free consultation. If you have further questions or concerns, please feel free to peruse our list of unsurpassed lawyers. We look forward to representing you and getting you a result that’s favorable to your goals, reputation, and liberty.

Click here to learn more from The Justice Firm’s DUI defense lawyers about DUI in California.

Halloween is Tomorrow – Avoid Finding Yourself Facing DUI Charges

The Justice Firm — Fri, 30 Oct 2015 15:37:26 GMT

Driving while under the influence of alcohol or drugs or driving in a reckless manner can leave you facing criminal charges at any time of year, however the odds greatly increase on a holiday such as Halloween. While Halloween is a fun time for not only children and teen but grown adults who often attend parties, safety should be top priority.

There will be many more pedestrians out and about on the streets of Los Angeles as kids go trick-or-treating, which means the risks of an accident increase. Children and teens often don’t pay a lot of attention to their surroundings, and some costumes are difficult to see after dark. A child may dart out from between parked cars on the side of the roadway. It is vital to pay strict attention to the roads, and to avoid any type of distraction whether by a cell phone, eating, or even engaging in conversation with passengers. Most important of all, do not get out on the roadways if you’ve been drinking! The last thing you want to face is a DUI charge, or even worse – an accident that injures someone as a result of impaired driving.

What if you’re attending an adult Halloween party where alcohol will be served? There are lots of options other than getting behind the wheel. If you intend to partake of alcoholic beverages, be sure you have a designated driver. If this isn’t possible, call a taxi to take you home, or spend the night at the host’s home or a nearby hotel that’s within walking distance. Call a friend to come pick you up. There is absolutely no reason to be driving after you’ve had a few drinks, so make plans ahead of time.

Here are a few sobering statistics from the NHTSA (National Highway Traffic Safety Administration): Over a five-year time span (2009 to 2013), 43% of Halloween night traffic fatalities involved an intoxicated or impaired driver. In 2013, more than a quarter of Halloween night pedestrian fatalities were the result of an impaired driver.

Because Halloween falls on a Saturday night and many adults do not have to work the next day, there will likely be more people drinking and driving. Halloween is an exciting and fun-filled holiday for kids and teens, but unfortunately the dangers and risks they face are high. Don’t become part of the statistics – regardless of whether it’s Halloween or any other day of the week, don’t drink and drive.

If you do have an error in judgment and find yourself facing criminal charges involving intoxicated driving, the most important step you can take is to consult with a highly qualified Los Angeles DUI defense attorney immediately. Whether you are the only person involved or you have caused an accident that resulted in property damage, injury, or even death, you must have a lawyer who will protect your legal rights and advocate on your behalf for the best possible result.

Antelope Valley High-Speed Chase Ends in Arrest of Woman

The Justice Firm — Thu, 19 Feb 2015 16:15:06 GMT

On Wednesday February 18, a woman whose name was not revealed in news reports was handcuffed and taken into custody following a high-speed chase on Antelope Valley Freeway and Pearblossom Highway, according to articles at the Daily News. California Highway Patrol officers became aware of the situation after noticing the woman weaving in and out of lanes, and speeding in a Chrysler 300.

The pursuit continued for approximately 25 minutes with the woman reaching speeds of 85 mph in the northbound lanes and continuing onto streets in Palmdale before finally coming to an end near Adela Court just before 1:30 a.m.

Initially, the woman slowed down as the officer attempted to pull her over, however she fled the scene which led to the high-speed chase. Once the chase came to an end, the officer administered a field sobriety test, and took her into custody. News reports do not indicate whether the woman was arrested on suspicion of DUI, reckless driving, or another offense.

Los Angeles DUI attorneys know the serious consequences individuals face if found guilty of driving under the influence of alcohol and/or drugs. Most people who operate a vehicle after consuming alcohol believe they can drive in a sober manner, escaping the attention of police. However, alcohol impairs an individual’s ability to operate a motor vehicle safely, which often results in speeding, weaving in and out of lanes, or even causing an accident. If we were to be honest, there is probably a point in most people’s lives where they have gotten behind the wheel after consuming alcohol, whether after enjoying a ball game at a friend’s home, or having a drink with dinner at a restaurant. Some get caught, while others do not.

Driving under the influence is a criminal offense in Los Angeles and throughout California. This means that those found guilty will have a permanent criminal record, in addition to facing penalties that may include jail time, substantial fines, driver’s license suspension, probation, and more. The penalties become more serious for repeat offenders. A DUI conviction can not only impact your freedom, but career and reputation as well.

If you have been arrested for driving under the influence, consult with a skilled and aggressive LA criminal defense attorney who will review your case to determine how to proceed so that the damage to your life can be minimized.