“Injustice anywhere is a threat to justice everywhere.”
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Criminal Defense Attorneys in California.

Drunk driving or driving while under the influence of marijuana, alcohol, or drugs is a crime under California Vehicle Code Section 23152(a) and California Vehicle Code Section 23152(b). DUI charges are among the most commonly brought charges in Southern California courts. Under California Law, it is illegal to operate a motor vehicle while an individual is under the influence of alcohol or drugs. Law enforcement agencies, such as local police and California Highway Patrol, strictly enforce the law, often arresting individuals they believe are driving while intoxicated. Also, it is illegal for an individual to operate an automobile while he has a blood alcohol level of 0.08% percent or more.

If an officer suspects that an individual is drinking and driving, he may stop the individual only if he has probable cause to believe that the driver has violated any law. For example, if an officer believes that you’re driving while intoxicated based on the fact that you’re swerving in your lane, he can stop you to investigate whether you’ve been drinking and driving. An officer can stop you for any traffic infraction, such as speeding, running a red light, improperly changing lanes, or broken tail light. Officers then use this opportunity to stop you and look for other criminal offenses.

That said, police officers can stop individuals without having probable cause if they’re stopped at a DUI checkpoint. Many of our clients are charged with a DUI, DWI, or Drunk Driving after being stopped at a law enforcement checkpoint.

Whether you’re stopped for committing a traffic infraction or at a DUI checkpoint, law enforcement officers use the opportunity to observe whether you were driving while intoxicated. Officers typically look for evidence of intoxication, such as alcohol odor, watery eyes, bloodshot eyes, confusion, and slurred speech.

If the officer suspects that you’re driving while under the influence of alcohol, drug, or marijuana, he may ask you to complete a field sobriety test, you have the right to refuse roadside testing; however, if you do perform the testing and the officer concludes that you were intoxicated while driving, he may arrest you for a DUI or DWI. Once arrested, officers take the arrested individual down to the police station for further testing. If an officer asks you to perform a breathalyzer or urine test at the police station, you must comply with his instruction and perform the tests. If you refuse to undergo the police station testing, you may lose your license for twelve (12) months.

After you’re arrested, you’ll be given a notice of the pending suspension of your driver’s license, and you’ll have a court date set for your arraignment. Your case information will be sent to a prosecutor for review, if the prosecutor finds sufficient evidence, he will file formal charges against you. If this is your first DUI offense in Los Angeles or Southern California, charges against you will be brought by the prosecutor in the jurisdiction where you were caught drunk driving or driving while under the influence of drugs. Typically, two charges are brought against an individual who is caught drinking and driving, CVC Section 23152(a) (DUI) and CVC 23152(b) (Driving with a blood alcohol level of 0.08% or more).

If you’ve been arrested for drunk driving or DUI, you should immediately contact an experienced Los Angeles drunk driving attorney to represent you in your criminal proceedings. To schedule your free consultation at The H Law Group, give us a call at 1 (213) 370-0404. Remember, if you’ve been charged with a DUI, you have ten (10) days to schedule your DMV hearing to keep your driver’s license, if you fail to schedule the hearing, your license will be suspended. So, don’t delay and call the best DUI attorney in Los Angeles for assistance.