Tag Archives: DUI tests

New Laws for 2010 for those arrested for DUI

Hello,

California continues to crack down on those arrested for DUI by ratcheting up penalties.

2 new laws that will go into effect in 2010 deal with those convicted of Drunk Driving/DUI in Los Angeles County.  One of the laws is a pilot program that seeks to have those convicted of first offense DUI be forced to install an ignition interlock device in each car that they have access to.

The ignition interlock devices (IID) are to be purchased by those convicted of DUI and each time the driver starts the car, he needs to blow into the device to show there is no alcohol in his system.  Details of the pilot program have not been released yet, but it is clear that avoiding a DUI conviction is now more important than ever.  Hiring an experienced DUI lawyer can help improve the chances of reducing or removing any penalties for your DUI arrest.

The second law that will go into effect has to do with 2nd or 3rd time offender and their ability to get a restricted license.   This also deals with the (IID) device and will be monitored through the DMV.

If you have questions about your recent DUI arrest, feel free to contact me at anthonyarzili@gmail.com or our office at 562-907-4448 for a free consultation.

Best of Luck and Happy New Year,

Anthony A. Arzili

LA DUI Attorney

DUI Tests, To take or not take?

Handling DUI cases for over a decade, you will hear all sorts of bad advice that has led well-meaning people into trouble.

This article is designed to shed some light on some common myths and misconceptions of the law associated with a DUI arrest and DUI Tests.

Most people realize that if you are licensed to drive in california, you must submit to a chemical test if the officer suspects you are DUI.  If you do not, your license is suspended for at least 1 year.  

What most people don’t realize is which tests are actually the mandatory tests and which ones can they politely decline to take.   As simply as can be said, the only DUI test that you are mandated to take is a blood or breath test (at the station).   You do not have to take a breath test at the scene (commonly called a Preliminary Alcohol Screening Device).    So the basic rule is, blood at clinic or breath at station is the only mandated test you have to take.

What if the officer wants me to do a “walk the line” test or “raise one leg and count to 30” ?

I can count on one hand how many police reports i have read where the officer found someone’s field sobriety tests to be “satisfactory.”  Maybe, thats because by the time a report gets to me someone is arrested.  But the truth of the matter is most of the tests are pretty hard to do, even when someone is sober and in their own living room, let alone after a drink and on the side of a the freeway at 2 in the morning.

Therefore, any physical tests at the scene of your DUI stop are not only discretionary but also pretty subjective.    If you feel that you physically cannot do any of the tests, you should politely decline without giving a reason.   If you give a reason, it will be highlighted and displayed on the reports and for goodness sake please don’t say: “I couldnt do these tests even if i was sober”

The one other tests that you should always refuse is the PAS test.  This is the small device that is usually used at the scene as a breathalyzer.  Do not confuse this with the chemical test at the station which is mandatory.  The small PAS device is considered an investigatory tool and is not mandated by any california law.  If you feel that you may be over the limit, pass on this test and take the chemical test at the station.

The other question I am asked is whether someone should take the blood or breath test.  There is no clear answer here, but some factors make the breath test a better option.   A breathalizer machine needs to be calibrated and tested regularly.  It also needs to be used in a certain fashion to produce accurate results.  With that being said, the breathalizer allows your DUI attorney to attack not only how the test was done, but the machine itself.   The blood test can be retested but is generally perceived as a more infallible test.

If you do refuse the mandatory tests, the punishment is harsh.  1 year suspension and no chance of any restricted driving (to and from work). 

The harsh penalties are even more reason to make sure you have an experience DUI and DMV attorney that has handled hundreds of DUI hearings.

If you have any questions regarding your DUI arrest, feel free to contact us at 562 907-4448 or at LABestDefense@gmail.com

Best Regards,

Anthony A. Arzili

Los Angeles DUI Attorney

DUI in L.A.? Be Smart, not a Smart-aleck.

If you have gotten behind the wheel after drinking, you have already made one mistake.  Here’s some info that helps you from making one mistake turn into a night of mistakes.

1) Be smart.

Short and Sweet.  If you are pulled over for a DUI, (and you have been drinking), don’t give the police officer anything more than you need to.  Hand over your license and registration.  Be polite.  But as far as telling the officer, how many beers you had and when you ate, etc.  It only serves to expedite things to a DUI arrest!   You are under no legal obligation to answer questions from the officer about what you drank or when you drank.   If he want you to do field sobriety tests and you don’t think you can pass them, politely decline without giving a reason.  You have no legal obligation to do FST’s.

2) Don’t be a smart-ass.

Take an attitude with the officer that pulls you over, and you can rest assured that he’s going to make this encounter a memorable one.  Trying to argue your way out of a DUI is about as smart an idea as driving drunk in the first place.  Most officers will make up their minds on whether they are going to arrest you, based on the first few minutes of talking with you.   Blabbing away does two things: 1) it makes the officer get defensive and lean more towards arresting you, 2) It makes you seem more drunk by being overly talkative and argumentative.