Todd Landgren DUI Defense Attorney

Your Legal Rights When Arrested

After an arrest, many people feel overwhelmed or are unsure of what to do. This video will prepare you for what to expect if you are ever arrested, especially concerning your legal rights and hiring an attorney.

If you are arrested, always remember that you have the right against self-incrimination and the right to a DUI attorney, and you should exercise these rights. Choosing to represent yourself is not worth the cost of harsh sentencing and possible jail time. At a court hearing, a judge will inform you of what you’re charged with and the penalties it carries.

If you are charged with a drunk driving offense, you need an attorney to defend your rights and challenge any faulty evidence the prosecution produces. To speak with a DUI attorney in the Huntington Beach or Newport Beach area, call Todd Landgren at (888) 738-0143 today.

Disclaimer:

How Accurate Are Breathalyzer Tests?

Though Breathalyzer tests are often used to measure alcohol intoxication for the purposes of arresting a driver for DUI, they can be markedly inaccurate. If you believe you’ve been falsely accused of drunk driving, contact a DUI defense attorney to discuss your case. To learn more about how Breathalyzers work and why their accuracy is questionable, read on.

How a Breathalyzer works:

A Breathalyzer does not actually measure blood alcohol level; instead, it measures the amount of alcohol in the breath and extrapolates blood alcohol content from that reading. When alcohol is consumed, not all of it is digested immediately; some makes its way into the lungs and is expelled when the drinker breathes.

Problems with Breathalyzer tests:

This principle of testing seems sound, but it can be complicated by a number of factors, bringing the accuracy of Breathalyzers into question. Such factors include:

• Conversion to BAC

When converting a Breathalyzer reading to blood alcohol level, law enforcement presumes an equivalency of 2,100:1—in other words, multiplying the amount of alcohol in the breath by 2100 equals the amount of alcohol in the blood. This standard ratio is not applicable to everyone. Two people could have the same Breathalyzer reading and vastly different actual BACs because of physiological factors.

• Machine malfunction

Breathalyzers are sensitive, delicate machines that require calibration and maintenance. They also do not function correctly outside of certain temperature ranges. In these situations, Breathalyzer accuracy cannot be assumed and may result in an inaccurate reading. There is simply no way to be certain.

• Outside influences

Breathalyzer readings are easily influenced by outside factors. For example, some diabetics or people on strict diets will receive very high readings from Breathalyzers because of chemical processes in their bodies. Similarly, anyone who has been around paint or paint thinner recently may have an elevated Breathalyzer reading, even if they haven’t had anything to drink.

If you are asked to take a Breathalyzer test, be aware of its weaknesses and inaccuracies. As soon as possible, call (888) 738-0143 to reach DUI defense attorney Todd Landgren. Located in the Huntington Beach area, Attorney Landgren has 35 years of experience defending clients accused of DUI.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

An Overview of Different Field Sobriety Tests

If you are pulled over by a police officer on suspicion of drunk driving, he may ask you to perform field sobriety tests. Though they are intended to measure impairment, these tests are far from precise. Only three tests are actually approved by the National Highway Traffic Safety Administration: horizontal gaze nystagmus, walk and turn, and the one-leg stand.

Horizontal Gaze Nystagmus

Horizontal gaze nystagmus is the most accurate of the three field sobriety tests because it measures an involuntary response. To perform this test, a police officer will ask a driver to follow a pen with his eyes from side to side and will watch the driver’s eyes for nystagmus, an involuntary jerking of the eyes that normally occurs only when looking very severely to the side. Under the influence of alcohol, a person exhibits nystagmus at smaller angles. Properly administered, this test can be accurate; however, many other factors cause nystagmus, like congenital predisposition.

Walk and Turn

This test requires the driver to walk nine steps heel-to-toe, turn on one foot, and walk nine steps heel-to-toe back to the officer. The walk and turn measures the ability to remember and follow directions and stay balanced. Because it is not based on any standards or norms, and because some people will fail simply because of balance issues, it is not considered to be accurate.

One-Leg Stand

Usually the least accurate test, the one-leg stand has a driver stand on one foot for 30 seconds while counting. Officers look for indicators of intoxication like not listening to directions, swaying, or putting the other foot down to balance. Like the walk and turn, it is based on subjective norms of balance and memory that may be related to the driver’s intoxication.

When stopped by a police officer, you are under no obligation to take field sobriety tests; taking them can only provide evidence for the officer to use against you. If you’re arrested for drunk driving, call (888) 738-0143 to reach the office of experienced DUI attorney Todd Landgren in Orange County.

Disclaimer:

About Drug Related DUI Charges

Driving under the influence of drugs, commonly abbreviated as DUID in California, is a serious crime that is treated similarly to driving under the influence of alcohol. To find out more about DUID, read on and consult a defense attorney.

• What qualifies as DUID?

Unlike drunk driving, driving under the influence of drugs does not have a legal limit. While drunk drivers must have a blood alcohol content of 0.08% or more, drugged drivers must simply show any signs of intoxication, like poor driving, unclear speech, or red eyes. If any of these signs are detected, the driver can be arrested for DUID. After the arrest, a specially trained drug recognition specialist will examine the driver for specific signs of intoxication. If the driver shows such signs, he must take a blood test.

• What drugs can lead to a DUID charge?

Legal, illegal, and prescription drugs can all lead to charges, as any of these substances could cause mental or physical impairment. However, many other factors such as fatigue and illness can cause these same symptoms of impairment, making DUID charges difficult to prove.

• Does the presence of drugs in the blood test automatically mean the driver is guilty of DUID?

Because there is no level of drugs in the bloodstream that automatically mandates a DUID charge, officers must judge the driver based on his actions. The mere presence of drugs in a driver’s system is not always enough to get a DUID conviction; the prosecution must also show that the motorist was not driving with the care an ordinary person would display, which is difficult to prove authoritatively.

• What are the penalties for DUID?

Drivers convicted of DUID face the same penalties as drivers convicted of DUI: fines, license suspension, and possible jail time for a first offense. Subsequent offenses carry more severe penalties.

When charged with driving under the influence of alcohol or drugs, you need an attorney with the knowledge to build a strong case that will acquit you. To get started on your case, call DUI defense attorney Todd Landgren in the Huntington Beach area at (888) 738-0143 today.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. 

Understanding the Potential Repercussions of Having Poor Legal Representation in a DUI Case

The importance of choosing a skilled DUI defense attorney may not be readily apparent immediately after an arrest, but obtaining legal help is well worth the effort for many reasons. DUI charges can have penalties that will affect the rest of your life. Here are just a few of the ways having poor or no legal representation can jeopardize your case:

• Your arrest and blood test will go unquestioned. Defendants may not be aware of the legal intricacies of DUI arrests and chemical tests. Arrests are sometimes conducted illegally and blood tests can be discredited. A skilled, experienced DUI attorney will know how to evaluate the facts of your case, challenge police procedure, and perhaps even suppress evidence.
• Your license will be immediately suspended. After a drunk driving arrest, you have a short period of time in which you can schedule a hearing with the DMV to ask that they stay your license suspension until your case has been decided. Not all attorneys will take the time to represent you at this hearing, which means you could lose your license unnecessarily. This could affect your ability to get to work and your personal life.
• Your court appearances could be mishandled. Appearing in court is not an easy task, and it requires experience. Lawyers who are unfamiliar with the court system, prosecutors, and DUI judges will simply not be able to represent you as well as an experienced attorney.
• Your sentencing will be unnecessarily severe. Only experienced DUI attorneys have the skills to negotiate for a lenient sentence in court or obtain an alternative punishment. Many DUI attorneys will simply suggest you plead guilty to charges because it’s the easier option, regardless of how it affects you. If this happens, you could face long jail sentences, large fines, and a suspension of your driver’s license.

When hiring a DUI attorney, take the time to evaluate his experience and record. Todd Landgren has established himself as an expert in DUI law and he is very familiar with the California court system. To schedule a consultation, call (888) 738-0143.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.