Los Angeles DUI Offense Lawyers

Police Mistakes in DUI Arrests

If you've been pulled over for drunk driving in Los Angeles and think your case is a lost cause, think again. The police need to adhere to a stringent series of guidelines when using field sobriety tests as well as completing the arrest process.

Your Rights

First of all, if you are in custody or have been arrested, the police must inform you of your rights before questioning you. You can decline to take a preliminary alcohol screening test – PAS test. If the officer fails to inform you that this PAS test is voluntary, the results can be kept out of court. You also have the right to decline taking any field sobriety tests. Some choose to invoke this right because the tests can be difficult to perform in ideal circumstances – even in daylight the test are difficult to perform. The tests are even more difficult at nighttime when it is dark or if the weather is bad and the wind is blowing. If arrested, the police are required to inform of your Miranda rights, if they want to use any of the answers you have provided to build their case. You need to consult with a DUI lawyer to determine if your rights have been violated, especially in a situation like this where you could be charged with a serious crime.

Additionally, no matter what your blood-alcohol content may have been on the preliminary alcohol screen test shortly after you are stopped; if you are arrested, then you must take a second chemical test of your breath or blood upon request of a peace officer. Police must also collect the sample in a certain timeframe. You are not allowed to consult with a Los Angeles DUI lawyer before deciding which test to choose. Refusing to take a chemical test can result in the loss of your driver license for additional time and may result in jail time. You may decline to answer the officer's questions and decline to take any field test. BUT DO NOT REFUSE TO TAKE THE BLOOD OR BREATH TESTS AFTER BEING ARRESTED FOR DUI. Even very high readings are easier to defend than "Refusals" that could result in mandatory jail sentences and long driver license suspensions!

Faulty Breath Alcohol Tests

Don't simply plead guilty. Let us determine if the police made a mistake. Failure to administer field sobriety tests in conjunction with National Highway Traffic Safety Administration standards could result in the dismissal of a case. The breath tests after an arrest are referred to as "Chemical Tests." The machines are often referred to as "Breathalyzers, Intoximeters, Intoxilysers, Alco-Sensors," etc. Each of them are prone to error as well, whether it is human or mechanical. Certain medications and health conditions can also result in false positives on breathalyzer tests. While breathalyzers are often cited as foolproof indicators of intoxication, this is simply not the case. The machine maintenance and calibration records need to be scrutinized. And your Los Angeles DUI lawyer needs to verify whether the officer followed proper procedures when operating the equipment.

Also, the officer needs a lawful reason to investigate a drunk driving charge in the first place. For example, if an officer pulled you over for a missing tail light, he needs a reason before administering a breath test. Some potential reasons could include: slurred speech, smelling the odor of alcoholic beverage on your breath, visual evidence such as bloodshot and watery eyes, an unsteady gait, or failing a test of coordination.

There is a variety of mistakes that police officers can make that would invalidate an arrest. However, the help of a qualified Los Angeles multiple DUI defense lawyer is essential to ensure that your rights are protected. As your Los Angeles DUI lawyers, we will determine if faulty tests are trying to be used against you.

Los Angeles DUI Offense Lawyers

Police Mistakes in DUI Arrests

Your Rights

Faulty Breath Alcohol Tests

DUI Resource Center