A recent study found that the number of women who are arrested for drunken driving is on the rise.
Still, regardless of the gender, the number of drunken-driving arrests is down considerably in recent years, statistics have shown us. And yet we read that arrests for certain demographics are up, DUI in Los Angeles is a significant issue and many of us are somewhat worried when we take to the roadways.
It seems to be more propaganda than truth. Our Los Angeles DUI defense lawyers have been able to help many clients charged with DUI. That's because taking an aggressive approach to the charges is critical in these cases.
According to a recent study, the number of females arrested for DUI is up 36 percent over the last decade. The study also found that most of these women are more educated and older than their male counterparts.
A Washington Post article looks at the trend of mothers drinking while caring for their children. While some women may believe that a glass of wine or two while visiting with a friend is no problem, it could put them over the blood alcohol limit of 0.08 in California. Driving with children could add charges, if an arrest is made.
Fighting a DUI in California is a two-pronged process. First, a person must request an administrative hearing with the California Department of Motor Vehicles. If this hearing isn't scheduled within 10 days of arrest, the driver's license is suspended for 30 days.
Representing oneself isn't smart, though these hearings are more informal and are before a hearing officer instead of a judge, there are still ins and outs of the law that the person must know in order to be successful.
The second phase of the situation is the criminal case. A person who is charged and convicted of DUI in Los Angeles, even for a first-time offense, can face hefty penalties:
- Three years of probation
- 48 hours to six months in jail
- Up to $1,000 in fines
- Driver's license suspension for six to 10 months
- DUI education program
- An ignition interlock device installed
That is a lot to take. And on top of those penalties, the person must deal with the stigma of getting a DUI, which can lead to job loss, family problems and other sanctions within the community.
But there are defenses. Challenging the initial stop may be appropriate if the officer can't prove or if other evidence contradicts why the initial stop was made. An officer must have probable cause to make the stop, such as that the person was speeding, swerving, ran a red light or stop sign or otherwise violated traffic laws.
After that, the officer likely will attempt to conduct field sobriety testing or breath testing. Breathalyzers have been challenged in California and statewide for their inaccuracy and often police officers aren't properly trained or don't perform field sobriety tests correctly. Also, there are examples of people whose physical conditions or weather conditions that affect how they perform these tests, which are difficult to take under pressure and while nervous.
If you need to speak with a Los Angeles DUI defense attorney, contact the Law Offices of Stephen G. Rodriguez and Associates at 213-223-2173 for a free consultation.
More Blog Entries:
Lindsay Lohan Probation Violated; Sent to Jail in Los Angeles: October 18, 2011
Additional Resources:
Drunken-driving arrests for women up 36 percent, by Janice D'Arcy, The Washington Post
