Facing a DUI charge in Los Angeles can be daunting, but being charged does not automatically mean a conviction. Many legal and procedural factors can impact the outcome of your case. At Perlman & Cohen, we have successfully defended numerous DUI cases, using a variety of proven defense strategies to challenge the charges.
While every case is unique, understanding the most effective DUI defense tactics can help you navigate the legal system and protect your rights.
California’s DUI laws, outlined in Vehicle Code §23152, make it illegal to drive with a blood alcohol concentration (BAC) of:
However, DUI charges are not always airtight, and there are multiple ways to challenge them.
Law enforcement must have a valid reason (probable cause) to pull you over. If they stopped you without reasonable suspicion of a traffic violation or criminal activity, any evidence gathered during the stop could be inadmissible in court.
At Perlman & Cohen, we thoroughly examine police reports, dashcam footage, and witness statements to determine whether the stop was justified. If we find that the stop was unlawful, we may be able to get the charges dismissed.
Breathalyzer and blood tests are not always accurate. Several factors can produce false positives or invalidate the results, including:
The California Code of Regulations (Title 17) outlines specific procedures for conducting breath and blood tests. If law enforcement failed to follow these procedures, Perlman & Cohen could challenge the reliability of the test results in court.
Field sobriety tests (FSTs) are often subjective and can be affected by numerous external factors, such as:
If the arresting officer relied heavily on FST results, we may argue that the test conditions were unfair, making the results inconclusive.
Alcohol takes time to absorb into the bloodstream. If you were pulled over shortly after drinking, your BAC may have been rising at the time of testing. This means that:
Scientific evidence and expert testimony can support this defense, and Perlman & Cohen has experience using it successfully in court.
If the arresting officer made procedural mistakes or violated your rights, this could weaken the prosecution’s case. Common law enforcement errors include:
If any of these violations occurred, Perlman & Cohen can use them to challenge the validity of your arrest.
In California, the prosecution must prove that you were operating the vehicle while intoxicated. If you were found asleep in your parked car or away from the vehicle, the state may have difficulty proving you were actually driving under the influence.
Factors that can support this defense include:
This defense is particularly useful in cases where an individual was trying to “sleep it off” in a parked car.
If the evidence against you is strong, negotiating a plea deal for reduced charges may be the best option. Possible alternatives to a DUI conviction include:
A reduced charge can minimize fines, penalties, and license suspension duration. Perlman & Cohen has experience negotiating favorable plea agreements for clients facing DUI charges.
At Perlman & Cohen, we take an aggressive approach to DUI defense, carefully examining every detail of your case. While we cannot promise a specific outcome, we have successfully helped many clients reduce or dismiss their DUI charges.
We meticulously review dashcam footage, breathalyzer maintenance records, police reports, and witness statements to identify weaknesses in the prosecution’s case.
If your constitutional rights were violated, we can file motions to suppress illegally obtained evidence, which could lead to a reduction or dismissal of charges.
We work with toxicologists and forensic experts who can testify about the unreliability of breath tests, rising BAC levels, and other scientific defenses.
In addition to your criminal case, a DUI arrest can lead to an automatic license suspension by the DMV. We represent clients at DMV hearings to fight for their right to keep their driver’s licenses.
If you’ve been arrested for a DUI, it’s essential to act quickly to protect your rights. Here’s what you should do:
At Perlman & Cohen, we understand how stressful and confusing DUI charges can be. Our team is committed to fighting for the best possible outcome for your case.
If you are facing DUI charges in Los Angeles, don’t navigate the legal system alone. Our team at Perlman & Cohen has extensive experience defending DUI cases and can provide you with a strong legal strategy. Contact us today to schedule a free consultation.
