Kraut Law Group Criminal & DUI Lawyers

Drivers are often shocked when they learn their driver’s license has been suspended even though they have not been convicted, or have even gone to court, for the underlying DUI offense. In California, a DUI arrest will trigger a criminal case as well as an administrative driver’s suspension that operate independently of each other. It is important to understand this distinction and what effect it has on a person’s driving privileges.

In California, in order to be convicted of a DUI offense, there must be evidence of “volitional movement.” This means that simply sitting or sleeping in a vehicle is not, per se, illegal in California. This is not the case in other states in which a defendant can be convicted of a DUI offense if they merely exercise control over a vehicle.

If you are driving along the street and are not doing anything unlawful or erratic, the police cannot legitimately pull you over for no apparent reason. In any police stop situation, law enforcement must have probable cause to pull you over. When faced with an unjustifiable police stop, you have the right to fight any charges that stem from that unlawful police stop. If it can be proven that there was no justifiable reason to pull you over, any evidence against you for a DUI cannot be allowed in court.

One of the key components in any DUI case that the prosecution must prove is that the defendant was actually driving a vehicle at the time of being impaired. In many cases, this will be easy to prove because the arresting officer will pull the driver over and can testify to the defendant’s driving conduct or can provide dash cam video recordings showing the defendant driving. In other cases, there may not have been any driving conducted observed. The Los Angeles police and prosecution may have to rely on other evidence to prove that the defendant was driving. For more information about DUI cases where no driving is observed, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group

In many cases, the mitigating factors in favor of the defendant may lead the prosecutor to consider a reduced DUI charge. The defendant’s driving conduct is often a factor that can weigh heavily in a DUI case.Similarly, non-dangerous driving conduct can be taken into consideration as a mitigating factor. In addition, the defendant’s blood alcohol content (“BAC”) may be a mitigating factor that can be taken into consideration for purposes of sentencing. The legal driving limit in California is 0.08 percent and driver’s whose BAC is at or near this limit may be offered a plea to a reduced offense or may be eligible for other sentencing reductions. The prosecutor and court may recognize that a rising blood alcohol may have resulted in an elevated BAC at the time that testing was conducted and may allow the defendant to plea to a reduced charge, such as wet reckless.

One of the key elements of a DUI is that the defendant was actually driving a vehicle. However, in many DUI prosecutions there may not be direct evidence that the defendant was driving at all. In some cases, the defendant may be arrested and charged with DUI while in a parked vehicle. Many drivers ask whether or not they can be charged with a DUI offense while in a parked vehicle. While some states can convict a driver of DUI for merely exercising control over a vehicle, California has a higher standard and requires proof that the defendant was actually driving before he or she can be convicted of DUI. This means that a driver simply sitting in the driver’s seat of a parked vehicle will not be considered driving, even if he or she has the keys in the ignition and the car turned on. In other states, this could be enough to charge a defendant with DUI.

There a common misconception that an officer’s failure to read a Miranda warning will lead to criminal charges being dismissed. Unfortunately, this usually is not the case with DUI offenses.

As long as a driver’s blood alcohol content was .08 percent or higher he or she could be charged with driving under the influence. The driver may feel that he or she can drive and may only have been pulled over for an equipment violation, however criminal charges and a license suspension can still be imposed if the driver was at or over the legal limit. Thus, even people who were just feeling a little tipsy can be charged criminally.

A DUI Offense Is Not A Traffic Ticket. Unlike most other traffic offenses, driving under the influence of drugs or alcohol is a misdemeanor offense that can result in a variety of criminal penalties as well as a permanent criminal record.

The DRE Drug Impairment Protocol is a rigorous 12-step evaluation that is performed by specially trained DRE officers on drivers who are suspected of being under the influence of drugs. The protocol involves physical evaluations of the driver as well as field sobriety tests and chemical testing to determine if a driver’s impairment is caused by drug use. If you or a loved one have been arrested for or charged with DUI and you have questions about the process, it is critical that you meet with a knowledgeable and experienced DUI lawyer as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut possesses an expansive knowledge of DUI law and works hard to ensure that his clients receive the best defense possible.

Law enforcement agencies increasingly rely on drug recognition expert (“DRE”) officers in investigating DUI drug offenses. These officers receive extensive training in performing the DRE protocol and determining whether or not drivers are under the influence of an intoxicating drug.

With the rise of DUI cases involving marijuana, police and prosecutors must go to great lengths to prove that a driver was impaired and actually under the influence of marijuana at the time of driving. Law enforcement will rely on evidence such as driving conduct, physical observations of the driver, performance on field sobriety tests and the results of toxicology testing, among other things, to prove marijuana impairment in DUI cases.

There has been a substantial increase in the number of DUI cases involving marijuana, and law enforcement and legislators are beginning to rethink these cases now that California has taken steps to legalize marijuana use and possession. Driving under the influence of marijuana is a DUI offense and those convicted can face stiff criminal penalties.

The “rising BAC defense” requires an understanding of toxicology and how the body metabolizes alcohol. In some cases, it may be possible to show that a driver’s BAC was below the legal limit (0.08 percent) at the time of driving but only tested higher due to the rising blood alcohol effect.

People often ask about the effect of old DUI convictions, even those that may have been expunged or that were for reduced DUI charges, such as wet reckless. DUI is an enhanceable offense and subsequent violations can be treated more seriously. Subsequent convictions can require extensive jail time, longer driver’s license suspensions and an 18-month alcohol education program.