Tag Archives: DUI

How can you avoid county jail as a repeat DUI offender? You can Scram.

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Over the last 17 years, I’ve represented many clients that find themselves facing jail time because their drinking has caused them to make bad choices.    Whether its a 2nd offense DUI or any other criminal offense that stems from issues with alcohol, I’ve been able to use Scram to help them avoid substantial jail time and also treat their underlying alcohol issues.

Scram is an electronic device that monitors your blood alcohol content through a skin sensor.   It is typically worn on your ankle and it communicates with a base station at your house.

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I’ve saved countless clients from having to go through the side door of the courtroom into jail by being proactive and having a scram device ready before we see the judge.    You see, most judges do not want repeat alcohol offenders on the road.   They want them in jail so that no one else gets harmed and the Judge gets blamed for allowing them out in the first place.

The voluntary installation of the Scram device on my clients has impressed judges in many ways.  First, most judges trust Scram to keep people from drinking.  No amount of AA classes or increased bail assures a judge that you will not drink the minute you are released.   On the other hand, a Scram anklet tells the judge you are taking responsibility for your actions and you are being proactive in helping get through them.

This past January I had a client that was facing 2 years in prison.   He not only had alcohol issues in the past but his present problems were caused by alcohol as well.    I met with my client’s family and had my Scram representative get the process started.   I then met with the Judge and the prosecutor where I extolled the virtues of this service coupled with counseling.  The Judge loved it and agreed to release my client from jail on the strict condition that he gets the Scram device installed immediately.      Needless to say, if it was not for our approach,  this young man would have been sitting in a jail cell right now.

If you’d like to know if Scram can help you in your case, please feel free to contact us at LABestDefense@gmail.com or 562 907 4448

 

The ABC’s of IID’s. Ignition Interlock Device Basics for DUI’s.

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Ignition Interlock DeviceIID is the new kid on the block when it comes to DUI’s.

In the year 2010, California lawmakers made it clear that they felt that the IID (Ignition Interlock Device) should be part of DUI punishment and rehabilitation. In a sweeping change, they now allow persons convicted of a DUI to install a IID device and significantly reduce the length of their license suspension. While IID devices have been used for years by the courts, their new implementation on a larger scale has left many to wonder: What is an IID?

Quite simply, its a device that is installed into the ignition of your vehicle to gauge if you have alcohol in your system. If the machine picks up a reading, then it can force your car to shut down and report it to the IID headquarters.

There are a number of providers in the Los Angeles area and I will provide the following link which provides basic info and names and contact information for them.

The costs vary, but there is traditionally a 75-100 dollar fee to install and there is a per day rate of 2 or 3 dollars. Some companies charge more for other services.

If you have questions regarding your DUI and its consequences on your license, feel free to email me or call us at 562 907-4448.

Thank you.

New Laws for 2010 for those arrested for DUI

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Hello,

California continues to crack down on those arrested for DUI by ratcheting up penalties.

2 new laws that will go into effect in 2010 deal with those convicted of Drunk Driving/DUI in Los Angeles County.  One of the laws is a pilot program that seeks to have those convicted of first offense DUI be forced to install an ignition interlock device in each car that they have access to.

The ignition interlock devices (IID) are to be purchased by those convicted of DUI and each time the driver starts the car, he needs to blow into the device to show there is no alcohol in his system.  Details of the pilot program have not been released yet, but it is clear that avoiding a DUI conviction is now more important than ever.  Hiring an experienced DUI lawyer can help improve the chances of reducing or removing any penalties for your DUI arrest.

The second law that will go into effect has to do with 2nd or 3rd time offender and their ability to get a restricted license.   This also deals with the (IID) device and will be monitored through the DMV.

If you have questions about your recent DUI arrest, feel free to contact me at anthonyarzili@gmail.com or our office at 562-907-4448 for a free consultation.

Best of Luck and Happy New Year,

Anthony A. Arzili

LA DUI Attorney

DUI Tests, To take or not take?

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Handling DUI cases for over a decade, you will hear all sorts of bad advice that has led well-meaning people into trouble.

This article is designed to shed some light on some common myths and misconceptions of the law associated with a DUI arrest and DUI Tests.

Most people realize that if you are licensed to drive in california, you must submit to a chemical test if the officer suspects you are DUI.  If you do not, your license is suspended for at least 1 year.  

What most people don’t realize is which tests are actually the mandatory tests and which ones can they politely decline to take.   As simply as can be said, the only DUI test that you are mandated to take is a blood or breath test (at the station).   You do not have to take a breath test at the scene (commonly called a Preliminary Alcohol Screening Device).    So the basic rule is, blood at clinic or breath at station is the only mandated test you have to take.

What if the officer wants me to do a “walk the line” test or “raise one leg and count to 30” ?

I can count on one hand how many police reports i have read where the officer found someone’s field sobriety tests to be “satisfactory.”  Maybe, thats because by the time a report gets to me someone is arrested.  But the truth of the matter is most of the tests are pretty hard to do, even when someone is sober and in their own living room, let alone after a drink and on the side of a the freeway at 2 in the morning.

Therefore, any physical tests at the scene of your DUI stop are not only discretionary but also pretty subjective.    If you feel that you physically cannot do any of the tests, you should politely decline without giving a reason.   If you give a reason, it will be highlighted and displayed on the reports and for goodness sake please don’t say: “I couldnt do these tests even if i was sober”

The one other tests that you should always refuse is the PAS test.  This is the small device that is usually used at the scene as a breathalyzer.  Do not confuse this with the chemical test at the station which is mandatory.  The small PAS device is considered an investigatory tool and is not mandated by any california law.  If you feel that you may be over the limit, pass on this test and take the chemical test at the station.

The other question I am asked is whether someone should take the blood or breath test.  There is no clear answer here, but some factors make the breath test a better option.   A breathalizer machine needs to be calibrated and tested regularly.  It also needs to be used in a certain fashion to produce accurate results.  With that being said, the breathalizer allows your DUI attorney to attack not only how the test was done, but the machine itself.   The blood test can be retested but is generally perceived as a more infallible test.

If you do refuse the mandatory tests, the punishment is harsh.  1 year suspension and no chance of any restricted driving (to and from work). 

The harsh penalties are even more reason to make sure you have an experience DUI and DMV attorney that has handled hundreds of DUI hearings.

If you have any questions regarding your DUI arrest, feel free to contact us at 562 907-4448 or at LABestDefense@gmail.com

Best Regards,

Anthony A. Arzili

Los Angeles DUI Attorney

DUI in L.A.? Be Smart, not a Smart-aleck.

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If you have gotten behind the wheel after drinking, you have already made one mistake.  Here’s some info that helps you from making one mistake turn into a night of mistakes.

1) Be smart.

Short and Sweet.  If you are pulled over for a DUI, (and you have been drinking), don’t give the police officer anything more than you need to.  Hand over your license and registration.  Be polite.  But as far as telling the officer, how many beers you had and when you ate, etc.  It only serves to expedite things to a DUI arrest!   You are under no legal obligation to answer questions from the officer about what you drank or when you drank.   If he want you to do field sobriety tests and you don’t think you can pass them, politely decline without giving a reason.  You have no legal obligation to do FST’s.

2) Don’t be a smart-ass.

Take an attitude with the officer that pulls you over, and you can rest assured that he’s going to make this encounter a memorable one.  Trying to argue your way out of a DUI is about as smart an idea as driving drunk in the first place.  Most officers will make up their minds on whether they are going to arrest you, based on the first few minutes of talking with you.   Blabbing away does two things: 1) it makes the officer get defensive and lean more towards arresting you, 2) It makes you seem more drunk by being overly talkative and argumentative.

Client with 2nd time DUI arrest wins DMV hearing and keeps his license.

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When a client is facing a 2nd DUI, the consequences are very serious.  Clients face the very real possibility of losing their license for at least a year.   To make matters worse, you are not entitled to a restricted license during this period.  So basically, either you win your DUI DMV hearing or you cannot drive for an entire year.   The consequences are brutal.  For most people this means financial disaster.

 

Your choice is to either give up your license or to get an experienced DUI Attorney and fight for your license.   The DMV’s hearing process for a DUI is geared towards suspending your license.  Your only shot is to have an experienced Attorney that specializes in handling DUI cases attack the DMV’s evidence.

 

I’ve handled nearly 500 DUI hearings at the DMV.  This means I’ve seen all kinds of cases and all possible legal issues and defenses.  Most clients who are facing a 2nd Time DUI basically think they have no shot and it’s just a waste of time and money to fight their suspension.   The fact of the matter is that DUI hearings are extremely technical and police need to follow specific guidelines in their DUI investigation.  A thorough analysis of the police reports will give me the opportunity to find any legal issues or possible defenses that may be argued at your hearing to save your license.

 

My client had a DUI conviction 8 years ago and was now involved in a serious car accident on the freeway.  The police had arrested him for a 2nd time DUI charge and alleged that he caused the accident and had refused the chemical tests.   He was facing a 2 year flat suspension of his license.

 

At the DUI hearing, I presented the testimony of my client.  Then, I attacked the police’s handling of the investigation.  After the hearing, the hearing officer ruled that our argument was valid and found that my client’s license should not be suspended.

Interestingly enough, my client thought he had no shot at saving his license when I first met him in my office.  I was glad we were able to get him working again and supporting his family. 

 

-Anthony