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How to Deal with a Wrongful DUI Charge After Attending a Party in Downtown Los Angeles?

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Location: Los Angeles  |  Law type: dui & dwi attorneys
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Last Friday night, I attended a party in Downtown Los Angeles. I made sure not to drink excessively and waited for a couple of hours after my last drink before driving home. To my astonishment, I was pulled over by the LAPD and subjected to a breathalyzer test, which they claim I failed. I'm sure the results were inaccurate, possibly because of the mouthwash I used right before leaving the party. I've always been very conscious about not drinking and driving, and this charge is threatening my job as a school bus driver, and honestly, it's a huge hit to my personal reputation. Given that I've never faced any kind of legal trouble before and I'm unfamiliar with how these things usually go, it's both confusing and terrifying for me.

  • What are my rights regarding the breathalyzer test and its results?
  • Could mouthwash or other factors falsely elevate the results of the breathalyzer?
  • How can I challenge the DUI charge in Los Angeles?
  • Are there any legal nuances or local rules in LA regarding DUI that I should be aware of?
  • What’s the general process of dealing with a DUI case in LA?

Commonly posted questions...

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8 months 3 weeks ago, dui & dwi attorneys, Miami
Photo of a nighttime scene on a street in Long Beach. The illuminated cityscape sets the backdrop. A car with a broken taillight is pulled over to the side, and an officer is conducting a breathalyzer test on the driver. The driver appears anxious and puzzled. Nearby, a DUI & DWI attorney is observing the situation, holding a folder labeled 'DUI Defense'. The scene captures the complexities of DUI charges, especially when the driver's alcohol level is below the legal limit, highlighting the uncertainties an Why Did I Get Charged with a DUI in Long Beach Even Though I Was Below the Legal Limit?
8 months 4 weeks ago, dui & dwi attorneys, California

Legal Solution

The response provided below is specific to dui & dwi attorneys in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.

Analyzing Your DUI Situation

Your situation is quite intricate, involving potential inaccuracies in the breathalyzer test, which can have significant consequences for your employment and personal reputation. Being charged with a DUI in Los Angeles, especially if you believe it to be wrongful, necessitates a keen understanding of the legal landscape.

Relevant Statutes and Regulations

To get a comprehensive grasp of the legal framework governing DUI cases in Los Angeles, one should be familiar with:

  • California Vehicle Code Section 23152(a): Driving under the influence of alcohol or drugs
  • California Vehicle Code Section 23152(b): Driving with a BAC (blood alcohol content) of 0.08% or higher
  • California Penal Code Section 1000: Pretrial Diversion for Drug Offenses

For more comprehensive information on these statutes, you might want to visit the official California Legislative Information website.

Potential Solutions

If you genuinely believe your breathalyzer results were incorrect, you should:

  1. Consult with a specialized DUI & DWI lawyer immediately.
  2. Document any factors that might have affected the test, such as mouthwash usage or other substances.
  3. Secure witnesses who can testify to your sobriety on the night in question.
  4. Request a blood test if not already done. It is generally more accurate than a breathalyzer.
  5. Learn about Los Angeles' DUI procedures. Different jurisdictions might have unique nuances, and finding the right lawyer familiar with Los Angeles-specific rules can be a significant asset.

Average Prices for Legal Services

Service Average Price in LA % Difference from National Average
Initial Consultation with DUI Attorney $350 +15%
Full DUI Case Representation $3,500 +8%
Breathalyzer Calibration Analysis $500 +20%
Expert Witness Testimony $1,500 +10%
Blood Test Analysis $750 +12%

Prices in Los Angeles tend to be slightly higher than the national average, primarily due to the city's high cost of living and dense population.

Complexity of DUI Cases

DUI cases can be complex due to the scientific evidence involved and the consequences of a conviction. Here are three brief case studies:

  1. John's Mouthwash Incident: John was charged with DUI after using a strong mouthwash. His attorney requested a blood test, revealing his BAC was below the legal limit.
  2. Maria's Medical Condition: Maria, diagnosed with auto-brewery syndrome, naturally had a high BAC. With medical records, her attorney was able to dismiss the charge.
  3. Alan's Faulty Machine: Alan's breathalyzer result was contested. Investigations revealed the machine was miscalibrated, leading to case dismissal.

Important Questions for You

  • Did you consume any substances other than alcohol, like medications, that could interfere with the test?
    • Some substances might yield false-positive results.
  • Were there any witnesses present when you were pulled over?
    • Their testimony could be pivotal in corroborating your side of the story.
  • Have you previously undergone any DUI or defensive driving courses?
    • This can be useful to highlight your commitment to safe driving.

Frequently Asked Questions

Q1: Can I refuse a breathalyzer test in Los Angeles?

Refusal can lead to enhanced penalties, including license suspension. It's generally not advisable to refuse.

Q2: What are the penalties for a first-time DUI offense in LA?

Penalties might include fines, probation, DUI school, and potential jail time. Each case varies based on its specifics.

Q3: Can a DUI charge be dropped or reduced?

Yes, especially if there are valid reasons, like inaccurate tests or procedural violations.

Q4: How long does a DUI conviction stay on my record in California?

Generally, a DUI stays on your driving record for ten years. However, it can remain on your criminal record indefinitely.

Q5: Can I get a restricted license after a DUI conviction?

Possibly, after a certain period and completing specific requirements, you might be eligible for a restricted license to commute to work or DUI school.

To navigate this complex situation, it's pivotal to compare lawyers in your area and seek the best representation tailored to your needs.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Photo of Downtown Los Angeles streets at night with bright city lights. In the foreground, an individual is being subjected to a breathalyzer test by an LAPD officer next to a parked car. The individual looks distressed and worried. A few steps away, there's an empty bottle of mouthwash dropped on the sidewalk. The backdrop showcases the vibrant nightlife of LA, with partygoers in the distance, highlighting the context of the scenario.
Photo of Downtown Los Angeles streets at night with bright city lights. In the foreground, an individual is being subjected to a breathalyzer test by an LAPD officer next to a parked car. The individual looks distressed and worried. A few steps away, there's an empty bottle of mouthwash dropped on the sidewalk. The backdrop showcases the vibrant nightlife of LA, with partygoers in the distance, highlighting the context of the scenario....

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