Los Angeles DUI and Law Enforcement

Los Angeles DUI and Law Enforcement

Driving under the influence (DUI) is a big issue in Los Angeles, and one that law enforcement takes very seriously. With more cars on the road than ever before, the risks of drunk driving are huge. Let’s take a closer look at how DUIs are enforced in LA, and what your rights are if you get pulled over.

Reasonable Cause for a Traffic Stop

For a police officer to pull you over, they need “reasonable cause” to think you’ve broken the law[1]. Weaving between lanes, running red lights, or speeding can all provide reasonable cause for a stop. Once pulled over, the officer will look for signs of impairment like slurred speech, bloodshot eyes, or the smell of alcohol.

Field Sobriety Tests

If the officer suspects you’re under the influence, they’ll ask you to step out of the vehicle and perform field sobriety tests. These can include:

• Walking heel-to-toe in a straight line
• Standing on one leg
• Following a pen with your eyes

The officer is looking for balance issues, lack of coordination, or inability to follow instructions. Refusing the tests can lead to your arrest.

Breath and Blood Tests

After the field tests, the officer may require you to take a preliminary alcohol screening (PAS) breath test. If you fail this, or refuse to take it, you’ll very likely be arrested for DUI. At the police station, you’ll be asked to take additional chemical tests like an evidentiary breath test or blood test.

It’s important to know that you have the right to refuse these chemical tests. But refusing comes with penalties like a longer driver’s license suspension[3]. An experienced DUI lawyer can help you understand the pros and cons of refusing or taking the tests.

LAPD Officers and DUIs

In 2022, seven LAPD officers were arrested for DUIs, some with blood alcohol levels over twice the legal limit of 0.08%[2]. This led the department to issue a warning that officers must drink responsibly and not drive impaired[4].

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Police officers face the same penalties as civilians if convicted of a DUI. But as law enforcement, they’re held to a higher standard. A DUI conviction can seriously impact an officer’s career and reputation.

Your Rights During a DUI Stop

As a driver pulled over on suspicion of DUI, you have important legal rights including:

• The right to remain silent – you don’t have to answer questions beyond showing your license, registration and proof of insurance.
• The right to know why you were stopped – the officer must explain their reasonable cause.
• The right to consult a lawyer – you can refuse field sobriety tests until you speak to an attorney.
• The right to video record – you can legally film your interaction with the officer in public.

Knowing your rights is key, because anything you say or do can be used against you. Politely asserting your rights can prevent damaging mistakes.

Fighting a DUI Charge

Even if you’re arrested, a DUI conviction is not inevitable. An experienced DUI defense lawyer can often get charges reduced or dismissed by challenging:

• The reason for the traffic stop
• Errors in sobriety testing procedures
• Mistakes in chemical testing methods
• Incorrect application of the law by the officer

For example, sobriety checkpoint stops are illegal in California. And breathalyzers have to be properly calibrated and administered to be admissible[5].

Don’t hesitate to get legal help fighting a DUI. An LA DUI attorney can thoroughly examine your case for defenses.

Penalties for a California DUI Conviction

If convicted of driving under the influence in California, penalties get progressively worse for repeat offenses. But even a first DUI comes with stiff fines and consequences like:

• Up to 6 months in jail
• Fines up to $1000 plus penalties
• A 6-month license suspension
• DUI classes
• Ignition interlock device installation
• Up to 3 years probation

And a DUI conviction stays on your record for 10 years, impacting employment and car insurance rates. That’s why fighting the charges is so important.

Get Legal Help From a Los Angeles DUI Attorney

Being arrested for DUI can be scary and overwhelming. But an experienced Los Angeles DUI defense lawyer can help protect your rights, examine your case for errors, and build the strongest defense. Don’t go it alone against the complex California DUI laws. Get legal help fighting the charges. There are often effective options for reducing or dismissing DUI cases when the evidence or procedures are flawed.

Sources:

• [1] https://www.losangelescriminallawyer.pro/los-angeles-dui-and-law-enforcement-errors.html
• [2] https://www.nbclosangeles.com/investigations/lapd-police-dui-officers-arrests-drinking-and-driving/3058370/
• [3] https://www.lnlegal.com/blog/2023/may/your-rights-during-a-los-angeles-dui-stop-what-y/
• [4] https://www.latimes.com/california/story/2022-12-21/lapd-tells-officers-to-celebrate-responsibly-after-seven-are-arrested-in-dui-cases
• [5] https://www.wklawdui.com/how-a-cop-pulls-you-over-for-a-dui-in-los-angeles/