The Los Angeles DUI Law Blog

DUI Laws in Los Angeles

In California, law makers are constantly making changes and updates to the current DUI laws. There’s a great deal of controversy concerning how DUI offenders should be punished, how evidence can be gathered for a DUI case, and how police should determine if a suspect is legally drunk. Certain non-profit organizations and political groups like Mothers Against Drunk Driving are specifically known for pushing the state legislature to pass stricter DUI laws.

It could be difficult to keep up with the most up to date information on the state’s DUI laws, but Los Angeles DUI defense lawyers have studied the law and are constantly aware of the new changes. If you have questions about California’s DUI laws, you can locate a Los Angeles DUI defense lawyer through FindLaw’s directory.

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Overseas DUIs: 3 Legal Consequences

While some things that happen on vacation can stay on vacation, overseas DUIs aren't one of them.

If a person gets a DUI in a foreign country, he or she can face legal ramifications both in the foreign country and in the United States.

Here are three legal consequences of getting a DUI overseas.

3 Ways to Legally Beat a Breathalyzer

Although you should never, ever drink and drive, there are times when you may be able to legally beat a Breathalyzer test.

Breathalyzers measure the concentration of alcohol in your breath, which is basically measuring the amount of evaporated alcohol you push out into the air while you're breathing. However, there's nothing you can physically do, like chewing gum, to manipulate the reading.

Although pounding water when you get pulled over won't affect the reading, you can challenge the results of the Breathalyzer in court.

LAPD Adds Drug Swabs to DUI Checkpoints

In Los Angeles, law enforcement officers have begun to use drug swabs at DUI checkpoints to stem the tide of drugged driving. The swabs, which were used New Year's Eve and New Year's Day, allow officials to test for marijuana, cocaine, and other illicit substances.

But is it legal for the LAPD to use these drug swabs at DUI checkpoints?

The Where, What, and How of DUI Checkpoints

With law enforcement cracking down on drunken driving across the nation, the use of DUI checkpoints is becoming increasingly popular. But what exactly are they and how are they legal?

Here's the what, where, and how of DUI checkpoints:

Can You Challenge a DUI Blood Test?

You've been busted by police for a DUI, and a blood test came back showing you're over the legal limit. That's the end, right? How can you challenge that?

Actually, there are several potential ways to challenge that kind of evidence. Just because your blood alcohol content tested over 0.08%, the legal limit in California, doesn't mean it's an open and shut case.

We're not saying cases like the Annie Dookhan lab scandal are going to happen all the time. But blood tests are done by people and people make mistakes. You just need to know where to look for them.

DUI Causing Injury: Charges, Penalties Explained

In California, a traditional DUI is usually hiked up to a more serious charge if the drunken driver caused bodily harm to another.

Though many DUI causing injury offenses are charged as felonies, prosecutors have the discretion to decide whether to prosecute a DUI involving injury as a misdemeanor or a felony.

NTSB Recommends Lower BAC Limit For Drunk Driving

The National Transportation Safety Board (NTSB) has voted to recommend that all states lower the acceptable blood alcohol concentration (BAC) level for drunken drivers.

As you probably know, the current upper BAC limit in all states is 0.08%. The NTSB wants the new limit for drivers to be 0.05%, which a director of the American Beverage Institute believes would criminalize "perfectly responsible behavior," reports NBC News.

Los Angeles residents may feel the sting of this lower limit with future California DUI laws.

Dram Shop Laws: Determining DUI Liability

When it comes to DUI cases, criminal charges aren’t only concern. Liability is also a serious issue and dram shop laws let victims spread the responsibility around.

That doesn’t mean other people could be charged with a DUI. A DUI offense requires that the person was driving under the influence so by definition, people who weren’t driving can’t be guilty of it.

But there are other ways that a store selling alcohol can get in legal trouble, especially in California.

Party Planners: Beware Social Host Liability Laws

A social host is anyone who provides alcohol to others. Essentially that's anyone who's ever had a party or just had a few friends over. Social hosts can be subject to liability for serving alcohol to guests.

But it's technically not the act of serving that can cause a problem, and in California the law doesn't apply to just any guest. Social host laws are designed to solve a specific issue.

What lawmakers don't want is for underage people to get access to alcohol and then cause damage or injuries. That means people who serve under-21 guests can get in trouble.

How DUI Sentencing Enhancements Can Affect You

Punishments for a DUI can vary based on many factors, but there are specific things that can lead to sentencing enhancements.

Driving under the influence isn't illegal because the government wants to ruin our fun. The purpose of DUI laws is to avoid the injury that is more likely when people are driving under the influence of alcohol or drugs.

With that kind of logic, it makes sense that more dangerous DUIs automatically have a harsher potential penalty. What does "more dangerous" mean? We're glad you asked.