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Los Angeles DUI and Breath/Blood Tests

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Dina Taurasi, a basketball star for the WNBA's Phoenix Mercury, was cited for driving under the influence of alcohol on Thursday of last week in the early morning hours.  Phoenix police initially pulled Taurasi over for speeding, but when the officer approached Taurasi's car, he or she smelled alcohol.  Taurasi was given several field sobriety tests, then driven to a mobile DUI van where she gave a blood sample.  Taurasi was cited by police then released.  Phoenix authorities have not released her blood sample results, and WNBA officials have not yet commented on the case. 

While Phoenix law may differ somewhat, Los Angeles laws regarding driving under the influence of either drugs or alcohol are quite stringent.  Los Angeles law enforcement agencies vigorously prosecute DUI cases and penalties for a driving under the influence conviction get more severe with every case.  In general, for a first offense with no prior criminal history, a DUI conviction might garner probation and a suspension of driving privileges.  Other factors such as speeding or how much higher your blood alcohol concentration is than the .08% legal limit might increase the penalties.  Having a prior history of driving under the influence convictions virtually ensures a jail sentence of some length, as well as court-ordered alcohol counseling.  Each DUI case is different, though and each sentence is based on a number of individual factors.  While the majority of driving under the influence cases in Los Angeles are classified as misdemeanor offenses, multiple prior driving under the influence convictions, having a blood alcohol concentration of more than .20% or the injury of another person while driving under the influence could potentially bump your case up to a felony classification, making jail time a much more likely outcome.  Your defense options, however, are not as limited as you might believe.  Field sobriety tests are not always as accurate an indicator of a driver's sobriety as Los Angeles law enforcement would have you believe.  Breath analysis has likewise been proven time and again as an unreliable method of determining a person's blood alcohol concentration. 

If you have been cited with driving under the influence of either drugs or alcohol in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our combined 50 years of experience in defending against DUI charges will fight for you. 


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