Top-rated Los Angeles DUI attorney Sol Danny Khorsandi announces the release of his essential California legal guide that discusses various defenses in DUI cases arising from the use of alcohol and/or drugs, such as marijuana. The guide can be downloaded at no charge by visiting www.dui-ad.com. Additionally, the site is an excellent resource for anyone going through the DUI legal process and provides an easy way to contact Los Angeles DUI defense specialist Sol Danny Khorsandi.
DUI (Driving Under the Influence), also referred to as driving while impaired or driving while intoxicated is the crime of driving a motor vehicle while under the influence of drugs or alcohol. Technically, drivers can get charged with DUI if they have ingested levels of drugs and/or alcohol that cause them to be incapable of operating a motor vehicle safely.
Driving under the Influence of Alcohol or drugs can shatter lives. Take for instance the
case of a likable Los Angeles mother of two. She is also a loving wife and affable co-worker. One night after having a few drinks at an event, she gets involved in an accident which results in injuries to a mother and her infant. The incident can spell disaster for her career and family life not to mention the accompanying guilt and shame that come with being labeled a drunk driver and a criminal. She also has to contend with the financial and emotional chaos that accompanies such an ordeal.
According to the FBI, over a million people were arrested for DUI in 2016. This number represents a staggering one out of every 215 licensed drivers in the United States. In that same year, over 37,000 lives were lost in traffic accidents where alcohol was a contributing factor. Most of the people arrested for driving while impaired was between the ages of 21 and 34.
A charge of DUI can have serious ramifications on one’s life. These include but are not limited to:
- Tremendous stress arising from the actual criminal case
- A very real prospect of serving jail time
- Suspension, revocation, or restriction of one’s drivers license
- Financial penalties arising from fines and fees
- Time spent away from work and family attending classes
- Spike in insurance premiums (and possibly being dropped by one’s insurance)
- Potential immigration consequences
- Loss of employment
- Loss of professional license (or inability to get one)
- School ramifications
- Feelings of shame, anxiety, stress, guilt, depression, remorse, etc.
The economic impact of DUIs is also significant. A recent study placed the loss at over $240 billion dollars. This was due to:
- Workplace loss of productivity (time off from work due to injury)
- Cost of legal challenges (including transportation to and from the court, attorneys, and court fees)
- Medical costs
- Emergency medical costs
- Damage to property
DUI Convictions in California
According to the California Vehicle Code (CVC), a person who is under the influence of alcohol and/or drugs, or has blood alcohol content (BAC) of .08%, is not
allowed to operate a motor vehicle in the State. A first conviction is considered a misdemeanor that carries up to 6 months in jail, a fine of up to $1000 fine, and a 4-month driver license suspension. The second offense is also a misdemeanor carrying up to 96 hours to 1 year in jail. It also comes with a fine of up to $1000 and a 2-year driver’s license suspension. If convicted on a third offense the penalty would be 120 days to 1 year in county jail plus a fine of up to $1000 and a 3-year driver license suspension.
DUI convictions where death or injury occurs can carry stiffer penalties. They are typically felonies with up to 3 years in state prison and up to 5 years of driver license suspension.
Defending Your California DUI Charge
There were over 3600 traffic fatalities involving alcohol in California in 2016. An even greater number of people were injured. When California drivers are arrested and/or charged with DUI, they are often in tremendous distress and wonder whether their lives will be ruined. There is also the emotional stress of having to defend the court case, along with DMV matters. Most defendants are typically ill-equipped to fight these cases on their own. The predominant questions that run through their minds are: “How do I fight this? What’s going to happen to my career, marriage, etc.?”
Los Angeles DUI lawyer Sol Danny Khorsandi understands this predicament well. Regardless of the circumstances surrounding the case, every client will receive
a vigorous defense. The following DUI defense strategies are highlighted in DUI-AD.COM’s Legal Guide:
- The client’s unique make-up and possible conditions such as GERD, diabetes,
- Did the officer have reasonable suspicion to pull you over or probable cause to arrest?
- Were proper advisement or admonishments given? Was there officer-induced confusion?
- Were the field sobriety tests administered properly? Timing? Location? Audio Video recordings?
- Was the breathalyzer calibrated and properly administered by a qualified person?
- Number and timing of blows into the breathalyzer? Range? 15-minute observation?
- Mouth alcohol? Dental work? Trapped food? Bleeding gums? Slope detector on a breathalyzer?
- Was Title 17 followed? To what extent? Adams / Williams foundation? 402 / 403 / 352 issues?
- Was blood drawn in accordance with accepted medical practices?
- Presence of preservative and anticoagulant? Fermentation? Whole blood, serum, plasma?
- Was a warrant obtained? If not, any exceptions to the warrant requirement? Exigencies?
- Consent? Implied? Imputed? Express? Free and voluntary?
- Waiver? Intelligent, and knowing? Coerced? Language barriers?
- Delta 9 vs. Carboxy metabolites (marijuana / THC). Levels? Timing?
- Phlebotomist qualified? Followed protocol?
- Blood extracted, stored, refrigerated properly?
- Chain of custody issues? When, where, how, who, and in which facility sample tested? Was lab certified?
- Was the swab water or alcohol-based before the needle was inserted into the skin?
- Was a single or dual column GC machine used? Blanks? Standards? Thermometer checked?
- Various types of motions: suppress, dismiss, in limine, discovery, venue, sanctions, writs, appeals, etc.
“WOW! I GOT A DUI – I WAS SO SCARED AND UPSET. MY FRIEND RECOMMENDED ME TO SOL.
HE HONESTLY TOOK OVER FROM THERE. HE GAVE ME A SENSE OF COMFORT AND CONFIDENCE.
HE UPDATED ME REGULARLY. I WAS ABLE TO ‘FORGET’ ABOUT THE INCIDENT. OF COURSE, I NOW
HAVE A CLEAN RECORD. NOT A DUI IN SIGHT. THANKS SOL.” (FROM A VERY SATISFIED CLIENT)
Challenging Blood Alcohol Content (BAC) Results
Attorney Sol Danny Khorsandi leaves no stone unturned when it comes to defending his clients against DUI charges. This can include a challenging breathalyzer test (which measures BAC or Blood-Alcohol-Content) results. It is widely known that these machines are not perfect. For instance, not unlike other electronic devices, the breathalyzer requires constant maintenance in order to function accurately. If the prosecution fails to show that a breath test machine was inspected correctly, a good DUI defense attorney like Sol Danny Khorsandi will raise this to the Court and try to use it to your advantage.
The same goes for the person administering the breath test. If they are not properly qualified, haven’t received adequate training, have neglected the instructions on the operating manual, or have failed to follow the applicable rules and regulations, all can be used as potential defenses. Then there is the 15-minute observation rule. It dictates that a breath test has to be preceded by a 15-minute period of direct observation to make sure the driver does not eat, drink, smoke, vomit or regurgitate. This regulation is intended to ensure the reliability of the results. Issues surrounding the BAC test results include:
- Was the person who administered the breath test qualified?
- Did they follow Title 17 regulations?
- Was blood drawn pursuant to accepted medical practices?
- Was the 15 minute observation period adhered to?
- Was the vial that collected the blood sealed, labeled, stored, and transported correctly?
Failure to adhere to the above can lead to acquittal or dismissal.
It is important to note that the above represents only a fraction of possible defenses that can be utilized in DUI cases.
If you’re facing a DUI charge, you need to get expert legal help. One of the most competent DUI attorneys in Southern California is Sol Danny Khorsandi, Esq. Conspicuously declared on DUI-AD.COM is their Mission Statement:
“Our primary objective is to provide each client with superior legal representation resulting in acquittal, dismissal, or another favorable result.”
When facing DUI charges, you need the assurance that your lawyer will handle the case with utmost competence. DUI defense specialist Sol Danny Khorsandi’s role is to bring you peace of mind by solving your legal problems. Consider the following testimonials from satisfied clients: