DUI Crimes Los Angeles: (818) 776-0444

A typical Driving Under the Influence prosecution involves 2 charges, a ".08% of higher" charge and an "under the influence" charge.

By prosecuting for both, the prosecution attempts to get a conviction when either the defendant is impaired, but the prosecutor can not prove the specific blood alcohol concentration level; or when the prosecutor can not prove that the defendant is impaired but can prove a specific blood alcohol concentration level. Each crime has different elements and is argued differently. To illustrate this point consider someone who is guilty of Driving Under the Influence (DUI) when his blood alcohol concentration is only .07% because he has a low tolerance towards alcohol and is impaired at that level. On the other hand, someone who has a very high tolerance towards alcohol, but drives with a blood alcohol concentration of .08% is guilty of a DUI eventhough he is not impaired.

To prove the ".08% of higher" count, the prosecutor needs to show that at the time of driving the driver had a blood alcohol concentration of at least .08%. The defense to this count is build around unreliability of the machine used to test the blood alcohol concentration, and on the blood alcohol concentration being lower at the time of driving than at the time of the testing. The second defense is known as a rising blood alcohol defense and is used time after time with great successes.

To prove the "impaired" count, the prosecutor will usually have a police officer qualify as an expert and then have the officer testify that in his expert opinion, the driver was impaired to the point where he could not operate his car "with a caution of a sober person". The officer testimony is based on his observation of the driver's demeanor, performance of the field sobriety tests, and driving patterns among other factors. It only follows that to defend against this count the defense attorney needs to establish that the officer did not see enough to form his opinion or that his opinion is wrong. Not submitting to the field sobriety tests, communicating as little as possible with the officer, and not violating any traffic laws when driving, are but a few examples of how a driver can protect himself during a DUI investigation. To establish that the officer is wrong in forming his opinion, a defense counsels usually have to confront the officer with scientific evidence. Because those two defenses are not mutually exclusive, it is far more advantageous to argue both: not only that the officer did not have enough information to form his opinion but also, if he did form his opinion, he was wrong.

There a number of other case specific defenses that Peter J. Korn will use to defend your DUI case. If you or your loved one is arrested for a DUI, please call Los Angeles Criminal Defense Attorney Peter J. Korn for a free consultation: (818) 776-0444

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