Category: DUI Defense

When a police officer suspects a driver is driving under the influence of alcohol (DUI), the officer may stop the driver in order to search for more clues that the driver has been drinking. Often, police will have a stopped driver perform one or more tests. Known as thestandardized field sobriety tests, these activities are designed to provide clues for police officers that confirm whether or not a person is driving impaired. The three most common standardized field sobriety tests are the horizontal gaze nystagmus test, the one-leg stand test, and the walk-and-turn test.

The horizontal gaze nystagmus tests whether the driver’s eyes can follow something smoothly, or if the eyes start to jerk involuntarily the further they look to the side. This jerking movement may be a sign of alcohol intoxication. It may also be a sign of several different neurological defects.

Both the one-leg stand test and the walk-and-turn test require the driver to demonstrate balance and agility. Usually, police officers give all the instructions for the test first, and then wait to see how well a driver can remember and follow them. Meanwhile, the officer is looking for any signs that the driver is intoxicated, even though both tests are difficult to perform correctly, even if a person is sober and able-bodied. People who are tired or who have any one of a wide range of neurological or movement problems are far more likely to fail the test than able-bodied people, even if they have not been drinking.

How well or poorly a driver does on the standardized field sobriety tests are often key pieces of evidence in the prosecution’s case charging a driver with a DUI in California. If you are facing drunk driving charges in California, the experienced Los Angeles DUI attorneys at The Law Offices of Lawrence Wolf will examine your case carefully, including the results of any sobriety testing, and will fight for the best possible outcome in your case. For a free and confidential consultation regarding your DUI case, call [number type=”1″] today.

Many drivers who receive a DUI for the first time are confused about their hearing with the Department of Motor Vehicles. The following is important information from the California Department of Motor Vehicles website regarding the DMV hearing after a DUI.

A DMV hearing is not mandatory. A driver who wants a DMV hearing, usually in the hopes of keeping their driving privileges, must request one. The hearing with the DMV regarding the DUI is not a criminal proceeding. It is a separate proceeding that determines whether or not a person who received a DUI should be allowed to keep their driving privileges.

The DMV hearing will not determine whether or not a person committed a crime. The DMV hearing will determine whether someone took a blood, breath, or urine test or refused testing, whether they were arrested, and whether they had a blood alcohol content of .08 percent or higher. The DMV hearing will also not take the place of a criminal trial.

Fortunately, if a person who was charged with driving under the influence is acquitted in a criminal trial, any suspension or revocation of driving privileges will be reversed. However, if the charges are merely reduced to reckless driving, any suspension or revocation of driving privileges will not be reversed. If DUI charges were dismissed, or if the district attorney decided not to file DUI charges, a driver may get their driving privileges back, but this is not always the case.

Are you facing DUI charges in California? Are you confused about the criminal charges as well as the driver’s license penalties? If so, contact Los Angeles DUI attorney Lawrence Wolf of the Law Offices of Lawrence Wolf today at [number type=”1″] to learn more.

Law enforcement officials in Los Angeles and the surrounding areas were out in full force on Super Bowl Sunday, hoping to find drunk drivers, according to The San Gabriel Valley Tribune.

In Los Angeles County’s 88 incorporated cities and unincorporated areas, there were dozens of patrols and checkpoints targeting drunk drivers on Super Bowl Sunday. As well as finding intoxicated drivers, checkpoints are a good way to find unlicensed or other illegal drivers. Roving patrols were also activated in several areas throughout the county.

In California, anyone with a blood alcohol level of .08 percent or higher is considered to be intoxicated. A man who weighs 160 pounds can have a blood alcohol level of .08 or higher by drinking three beers in about an hour.

Law enforcement officials recommend that if anyone is planning on drinking at an event such as a Super Bowl party, they should plan ahead to have a designated sober driver. If you host a party, Super Bowl or otherwise, at which alcohol is served, there are some measures you can take to reduce the chances of a guest driving while drunk after the party. Make sure to provide plenty of food and non-alcoholic drinks. Have several options for other driving arrangements lined up, such as a designated driver and some taxi numbers. If a guest appears to be drunk, don’t let them drive.

A California DUI can be devastating. It can hurt a person’s family, career, finances, and future. If you have been charged with drunk driving in Los Angeles County, contact the Los Angeles DUI defense attorneys at the Law Offices of Lawrence Wolf. Skilled criminal defense lawyer Lawrence Wolf has over 40 years of experience in criminal defense. Call today for a free consultation at [number type=”1″] today.

The city of Huntington Beach is considering posting the names of suspected drunk drivers on Facebook because its local newspaper quit publishing these instances and the names of those accused of drunk driving, according to NBCLosAngeles.com.

Last summer, Huntington Beach began a tough campaign against drunk driving, including an increased number of police officers focused on drunk drivers, posting names of those arrested for drunk driving, and sending letters to bars if one of their patrons was arrested for a DUI. Huntington Beach has one of the highest rates of arrests for DUIs for a city its size in the state of California. In 2009, the city had 274 collisions that were related to alcohol use, and 1,687 drunk driving arrests. The idea of posting names of those suspected of DUI was suggested at a city council meeting in November. The city’s attorney is currently looking into the issue to see if there are any legal barriers.

This story is an example of how damaging a drunk driving arrest can be to a person’s reputation, particularly to someone in a public position or a position of trust. Although there are many valid defenses to a charge of drunk driving, Huntington Beach’s policy doesn’t give individuals a chance to prove their innocence before publicizing their arrest to the community.

If you have been charged with a DUI in California, contact the experienced California DUI defense attorneys at the Law Offices of Lawrence Wolf. Our lawyers will work hard to formulate a successful defense on your behalf and help you navigate through the criminal justice system successfully. Call us today for a free consultation at [number type=”1″].

Many people who have been charged with a DUI in California consider pleading guilty, especially if they performed poorly on field sobriety tests or failed a chemical test measuring blood alcohol content. They receive a .08 or higher BAC reading and don’t see the point in fighting the charge and instead view the case as a “slam dunk” against them.

However, if you plead guilty, you are losing any right to present a defense in a criminal trial. In addition, a DUI guilty plea in California can have a negative impact on your driving record or any professional license.

Just because you failed a chemical test and had a blood alcohol content of .08 or higher does not mean that you should write-off doing everything possible to have your rights defended. There are many factors to take into account that could result in a potential to plea bargain to a lesser offense or having your case being dismissed. Pleading guilty means losing the opportunity to challenge any problems in the prosecution’s case.

In many cases, a DUI in Los Angeles is an individual’s first criminal charge, and he or she is horrified at the prospect of a criminal record. If you have been charged with a DUI, you should consult a qualified, experienced Los Angeles DUI attorney who can advise you of your rights before making any big decisions on your DUI case. The attorneys at the Law Offices of Lawrence Wolf have represented many defendants in DUI cases and are extremely caring, knowledgeable and experienced with all aspects of DUI cases. We stay up to date on the complex and ever-changing DUI laws. Call us today for a free consultation at [number type=”1″].

A California jury is determining the fate of a drunk driver who killed a professional baseball player and two other individuals, according to the Associated Press.

The defendant, age 23, was drinking for several hours at three bars with his stepbrother, started driving, and ran a red light. He struck a car and killed Los Angeles Angels pitcher Nick Adenhart and two of the car’s three other occupants. The fourth occupant lived but has had severe medical problems due to a serious spinal injury. Following the crash, the defendant fled the scene on foot. Police found him two miles away, running beside a freeway.

Prosecutors charged the defendant with second-degree murder, a much harsher penalty than the related crime of manslaughter. The prosecutors claim they charged him with murder instead of manslaughter because he had a previous DUI conviction in 2005. At that time he signed a form in which he acknowledged that if he later drove drunk and killed someone, he could be charged with murder.

The defense pointed out there was some doubt as to whether the defendant or his stepbrother was driving the car at the time of the crash. The defense also presented witnesses who testified that individuals who have blackouts induced by alcohol often can’t understand right from wrong.

If convicted, the defendant could receive more than 50 years in prison. As this case illustrates, drinking and driving in California can have very serious legal consequences, ranging in severity from a DUI conviction to a murder conviction. If you are facing a Los Angeles DUI charge, contact the Law Offices of Lawrence Wolf at [number type=”1″]. Our experienced Los Angeles drunk driving attorneys will help you navigate the criminal justice system.

Between August 20 and September 6, states across the country are joining forces to crack down on drunk driving in an initiative called “Drunk Driving. Over the Limit. Under Arrest” according to the Governors Highway Safety Association.

Driving drunk in California (defined as having a blood alcohol concentration level of .08 or higher) is illegal and the same goes for the rest of the nation. Drunk driving patrols will be on high alert and laws will be strictly enforced over the holiday weekend, a time in which drunk driving is typically on the rise. Law enforcement is expected to be looking out for driving practices that they believe a drunk driver would display, such as lane changes without the use of turn signal, swerving, speeding, and others.

In California, the California Highway Patrol and local agencies are operating the California Avoid DUI campaign between now and September 6. As part of the campaign, law enforcement will be operating 200 DUI checkpoints, roving DUI saturation patrols, and many multi-agency DUI task force operations. Also, warrant and probation sweeps will be targeting repeat offenders. Law enforcement will also run sting operations to find DUI suspects who disobey court orders against driving. Over 450 California agencies will be taking part in the operation.

The consequences of a drunk driving conviction can be serious, making a wrongful conviction all the more devastating. DUIs can be detrimental to careers and families for years to come. If you or a loved one has received a Los Angeles DUI, don’t delay any longer in contacting an experienced Los Angeles DUI attorney who can help you protect your rights. The team at the Law Offices of Lawrence Wolf has extensive experience in helping individuals navigate the legal consequences of receiving a DUI. Contact our team today at [number type=”1″] for a free consultation.

The California DUI legal process is complex. There are two separate legal actions involved with a DUI charge in California. One is the suspension or revocation of your driver’s license. The second is any potential criminal charges.

Once you are arrested for driving under the influence in California, a police officer will confiscate your driver’s license and will complete a license suspension or revocation form and forward that to the DMV. The DMV will then conduct a review where it examines the officer’s report, the suspension or revocation order, and test results. The DMV then decides whether to uphold the driver’s license suspension or revocation. You have the right to request a hearing to protest the suspension or revocation within 10 days of receiving the order. At the end of the suspension or revocation period, you can get your license back by paying a fee to the DMV and providing proof of financial responsibility.

The second part of the CA DUI is the criminal case. This is where a court determines if you are guilty of a criminal act – driving under the influence of alcohol or drugs. The criminal case can be carried out in a mixture of ways, including a guilty plea, a plea bargain, getting the charges dismissed, and proceeding to trial. If you are acquitted in the criminal trial, the license suspension or revocation will be reversed by the DMV.

A California DUI conviction or arrest can be serious. You need a law firm that is experienced at fighting DUI charges and dedicated to its clients. Call the Law Offices of Lawrence Wolf today. Our knowledgeable Los Angeles DUI attorneys are waiting to help. For a free consultation, contact us at [number type=”1″].

Some professionals need to report DUI arrests or convictions to licensing boards by law.

The FAA requires pilots to send a Notification Letter within 60 days of any alcohol related conviction or administrative action. A separate Notification Letter is required for each alcohol related event. For example, separate Notification Letters would be required for a driver’s license suspension and a subsequent DUI conviction. Click here to learn more about the FAA’s requirements for alcohol reporting for pilots.

Attorneys are required to self-report felony indictments, felony or misdemeanor charges or convictions, guilty verdicts, guilty pleas and no contest pleas through the California Bar Association.

Upon renewal of a registered nurse license, nurses are required to report if they have been convicted of any crime since the last renewal date. Traffic violations that resulted in fines of over $300 and a traffic ticket must also be reported. Failure to disclose this information could be grounds for disciplinary action.

Any applicant for Coast Guard credentials is required to report all criminal convictions. They also search for driving records, and take all information into account when deciding whether to issue the credentials.

There are numerous defenses that can be used in court to defend against a DUI charge, even if a defendant’s BAC was over the legal limit. First of all, the police officer who pulled you over must have a legal reason to do so. If not, the original stop could be challenged and the evidence against you thrown out. Was there a reason to detain you for DUI? If not, the case could be challenged.

Another important point is that field sobriety tests are extremely subjective. Were they performed in accordance with federal guidelines? Many police officers are not experienced in administering the tests properly. Were the proper tests performed?

People who are placed under arrest are required to be advised of their rights, which are known as Miranda rights. If you are not advised of your Miranda rights, the case could be thrown out.

If you took a chemical test, and you were found to have a California blood alcohol contentof over .08%, you may assume you do not have a valid defense. However, was the test properly administered? Was the equipment functioning properly at the time of the test? Was the evidence handled in accordance with correct evidentiary procedures? Do you have a medical condition that could affect a breath test? In addition, if you are stopped for a DUI soon after drinking and are given a chemical test 30 minutes or an hour later, your blood alcohol level would be higher than it was when you were originally stopped. This is called a “rising blood alcohol defense”.

There are numerous defenses a skilled DUI attorney in Los Angeles, California can raise, even if your BAC was found to be over the legal limit. If you or someone you know has been charged with a DUI in California, contact a skilled DUI team of attorneys today. Contact the Law Offices of Lawrence Wolf at [number type=”1″] for a free consultation.