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May 26, 2017 | admin Los Angeles DUI and Laboratory Errors
Driving under the influence of drugs or alcohol is a very serious offense. Those that are under the influence of drugs or alcohol are far more likely to use poor judgment, have slower reaction times, and generally are worse drivers. Because of this, someone under the influence when driving is far more likely to be involved in an accident then a sober driver. Due to the seriousness of the crime, there are very stiff penalties that can come with being convicted of a DUI. These can include either monetary penalties, loss of driving privileges, or even imprisonment.
If you are arrested for DUI in the Los Angeles area, it would be a good idea to hire a legal representative immediately. Ideally, you will hire one of the Los Angeles DUI lawyers. Loss Angeles DUI attorneys specialize in providing defense services to those that are charged with the crime. They can provide you with a lot of services that will help to reduce your chances of conviction and facing a serious penalty.
When you hire the attorney, the first thing they will do is provide you with consultation. Being arrested for DUI can be a stressful and confusing time. When you have legal assistance from an experienced attorney, you will receive more insight into your case. They will outline all of the potential penalties, next steps, and strategies that could be used to either defined the charges or negotiate a lesser penalty.
One of the most important things that your attorney will do for you is find a unique way to defend your case. When you are charged with DUI, there are a lot of processes that will need to be followed in order for them to have the right type of evidence to convict you. For example, they will need to be able to prove that they were able to administer a proper field sobriety exam. Another process that needs to be followed correctly is the collection, transfer, and analysis of blood if you choose to have a blood test.
If you are considered to be under the influence when you are pulled over, you will have the option of having your breath or blood tested. In many cases, it could be wise to have your blood tested due to the fact that it will take time for the process to start, which will give you more time to become more sober. If you choose to have your blood tested, the whole process will have to follow the process set forth by Title 17 of the California Code of Regulations.
The rules in Title 17 of the California Code of Regulations have very detailed steps that include requiring the police officers to have someone licensed take a sample of your blood, store it in an approved container, and then bring it to the testing facility. The testing process will then also have to go through a separate process in order for it to be considered an appropriate process.
During the whole testing and lab process, the recipients of the blood will have to take very detailed records of how they handled your blood. If it is determined that the blood was not handled in the right manner, the whole blood sample could be thrown out as evidence. If you attorney is able to prove that the sample should not be used as evidence, it will greatly increase your chances of winning the case. To prove this, the attorney will spend time carefully analyzing the processes that were followed to determine whether or not they were in compliance with the legal standards.