Last updated 15 days ago
DUI arrests can happen to anyone, so it is important to keep yourself informed about this area of the law. If you’ve found our recent blog posts on DUI checkpoints and celebrity arrests interesting, check out these articles and websites to learn more.
- To find out more about the debate surrounding DUI checkpoints, take a look at this great article.
- The California Department of Motor Vehicles provides the statutes explaining how blood alcohol content is measured.
- The Supreme Court case Schmerber v. California paved the way for compelling blood samples from drivers suspected of DUI.
- Lindsay Lohan recently completed the terms of her probation for DUI charges. Read more about it at the LA Times.
If you’re arrested for DUI in the Los Angeles area, call (310) 820-1315 to reach Jon Bryant Artz, one of the most experienced and most creative DUI defense attorneys in the state.
Last updated 22 days ago
In a DUI trial, a defendant’s blood alcohol level at the time of his or her arrest can be one of the most crucial pieces of evidence. Read on to find out how police officers and other law enforcement officials measure the blood alcohol level of someone accused of driving under the influence.
Measuring Blood Alcohol Level
Law enforcement in California uses one of two ways to measure blood alcohol concentration (BAC): blood or breath. The arrestee can choose which of these tests he or she would like to take. If the arrestee chooses the breath test, an officer must administer the test twice within two minutes. Note that this is not the same as the Breathalyzer test administered at the scene of the accident, which is not compulsory and not always accurate. If an arrestee chooses a blood test, results will not be available immediately. The arrestee has the right to ask that a second blood sample be taken at the same time to be tested independently by another lab.
Problems with Blood Alcohol Tests
Neither of these tests is accurate every single time; both can be complicated by outside factors. For example, a breath test can be rendered useless if the arrestee has recently vomited. Similarly, a blood alcohol test measures BAC after a suspect has been arrested, which does not necessarily correspond to his or her BAC when driving.
Compelling Blood Draws
Under California’s implied consent law, people arrested for drunk driving must submit to a chemical test for BAC or face criminal charges. If a person refuses to take a BAC test, police have the right to hold him or her down, or threaten to do so, in order to draw blood.
If you’ve been arrested for driving under the influence, call Jon Bryant Artz today. His more than 40 years of experience in DUI law can help you beat the charges and get back to your normal life. To reach our office in Los Angeles, call (310) 820-1315.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 month ago
DUI checkpoints are a controversial practice in which all drivers are stopped and evaluated for signs of intoxication. The argument surrounding them centers on the conflict between the need to protect society from drunk drivers and the need to respect an individual’s privacy. Though the Supreme Court has upheld DUI checkpoints as constitutional, believing that the value to society outweighs the cost to the individual, this does not mean that checkpoint arrests always hold up in court. In this video, DUI attorney Jon Bryant Artz explains a recent trial in which a woman who was stopped at a DUI checkpoint was acquitted of the charge of driving under the influence.
During the trial, Attorney Artz questioned the police officer who was in charge of the DUI checkpoint. The officer could not cite any facts pointing to the defendant’s intoxication; she was not driving erratically, she had no trouble with depth perception, her driving was precise and legal, and she remained calm throughout the entire process. In short, no factors pointed to mental impairment.
For her part, the client testified that she had driven carefully and entirely legally from a restaurant to the checkpoint. When she approached the checkpoint, she was not afraid or nervous, because she knew that her driving was safe and under control.
With no evidence of intoxication, the jury had no choice but to acquit Mr. Artz’s client. In the face of the testimony from the police officer and the defendant herself, jurors saw clearly that there were simply no grounds on which to convict this woman.
If you were arrested at a checkpoint for driving under the influence, you may feel like your case is hopeless. For Attorney Jon Bryant Artz, no case is hopeless. With a record of winning more than 91% of “difficult” DUI cases, you can rest assured that he will find a way to use the facts of your case to your advantage. To schedule a consultation with Mr. Artz, call (310) 820-1315 to reach our office in Los Angeles.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 month ago
In recent years, a number of celebrities have been arrested for driving under the influence in California. Read on to find out more about some of the major cases and what you can learn from them.
- Bobby Brown. On March 26, 2012, the former husband of Whitney Houston was pulled over for driving while talking on his cellphone and was later determined to have a blood alcohol level of more than 0.08%. He was charged with three misdemeanors; if convicted, he could face six months in jail. Brown made the mistake of taking field sobriety tests, which can now be used against him in court. These tests are notoriously inconclusive and easy to manipulate, and by taking them, he did himself—and his case—a great disservice. If you’re pulled over on suspicion of DUI, don’t make this same mistake. You are under no obligation to take field sobriety tests and should always refuse them.
- Lindsay Lohan. Since 2007, former child star Lindsay Lohan has been arrested for driving under the influence multiple times, spent time in jail, and gone to court-mandated rehab. However, it is worth noting that Lohan only spent time in jail because she violated the terms of her probation. Even if you are convicted of DUI, don’t assume you will spend time in jail. With a skilled attorney like Jon Bryant Artz, you can negotiate for a more lenient sentence that allows you to get back to your life.
- Mel Gibson. After his 2007 DUI charge, Gibson paid a hefty fine and spent time on probation. However, he recently got the charges expunged from his record after completing the terms of his probation. A DUI charge won’t follow you around forever; you, too, have the right to have it expunged from your record.
After a DUI arrest, you need experienced legal counsel to help you fight the charges and avoid jail time. To schedule a consultation regarding your case, call Jon Bryant Artz in Los Angeles at (310) 820-1315 today.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 month ago
A DUI charge can have dire consequences and often requires the assistance of a DUI lawyer. Check out these great websites from around the Web for more information about what to look for in a DUI attorney and how a creative trial strategy can improve the outcome of your case. Give Jon Bryant Artz a call at (310) 820-1315 for more information.
