Los Angeles DUI Specialist   Specialist in Los Angeles for DUI  Los Angeles DUI Specialist Lawyers



 

Okorie Okorocha, Esq

Los Angeles DUI Defense Expert

Call: (800) 285 1763

Los Angeles DUI Lawyer

DUI Defense Expert in Los Angeles, California

If you or someone you know has been arrested for DUI (driving under the influence) your future is on the line. You may feel that your only option is to accept a plea bargain or that you have no chance of avoiding a conviction, but this may not be the case at all. With a consultation from a competent Los Angeles DUI attorney, you can find out more about your legal rights and options and what can be done to benefit the outcome of your case.

Los Angeles DUI lawyer Okorie Okorocha is a high-profile California attorney who represents clients charged with DUI all the way from San Diego to San Francisco, offering the aggressive and knowledgeable representation that is necessary to have the greatest opportunity of avoiding a conviction for this serious crime. In addition to helping clients throughout the criminal court process, Los Angeles DUI attorney Okorie Okorocha represents drivers at their DMV hearings, working to protect their driver’s licenses.

Los Angeles DUI – Resources & Links

City of Los Angeles, California

Los Angeles Police Department

Los Angeles County Superior Court

Map of Los Angeles

When you retain the services of our firm, Mr. Okorocha will work with you personally. Your case will not be passed off to a junior associate or other individual who cannot provide you with the legal counsel you need. Los Angeles DUI attorney Okorie Okorocha can help you avoid the necessity of pleading guilty and getting a “bargain” that actually results in harsher penalties that you deserve. It is always his goal to effectively defend his clients and help them avoid a conviction and criminal penalties altogether.

Contact Los Angeles DUI lawyer Okorie Okorocha today at (800) 285-1763 for a case evaluation.

Los Angeles Police Department DUI Manual

343.25 DRIVING - UNDER - THE - INFLUENCE (DUI) DRUG ARREST PROCEDURES.

Arresting Officer's Responsibility. When an arrest is made for driving under‑the‑influence of drugs or combination of drugs and alcohol, the arresting officer shall:

• Admonish the arrestee regarding a chemical test as per the Chemical Test Admonition on the DUI Arrest Report, Form 05.02.05.

• Administer a chemical test to the arrestee.

Note: Whenever possible, a breath test should be administered to determine alcohol intoxication.

• If the breath test is obtained and the results are .08% or higher, book the arrestee for Section 23152(a) (DUI) V.C. When the results are below .08%, complete the following:

  • Read to the arrestee verbatim the Drug Admonition from the DUI Arrest Report.

  • Obtain a urine or blood sample from the arrestee.

Note: If urine is the only chemical examination administered, officers shall obtain the first void for possible detection of drugs, and the second void for the possible detection of alcohol. Both samples shall be marked accordingly and booked as evidence.

• If the breath test is obtained and the results are .30% or higher, the arrestee shall be examined by medical personnel pursuant to Manual Section 4/648.17.

• Request a Drug Recognition Expert (DRE) or, if none available, a Narcotics Expert.

• If an on‑duty DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall obtain an MT for the arrestee and request the examining physician to include an opinion regarding objective symptoms and possible drug ingestion.

Exception: If a traffic death or traffic felony arrest is involved and a DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall contact Communications Division and request an on‑duty DRE or Narcotics Expert from anywhere in the City. If no on‑duty DRE or Narcotics Expert is available, the officer shall contact the Administrative Unit, Detective Support and Vice Division, and request that an off‑duty DRE be dispatched.

• When applicable, include the Drug Influence Evaluation Form (completed by an expert) as a page of the arrest report.

Drug Recognition Expert (DRE)/Narcotics Expert’s Responsibility. A DRE or Narcotics Expert is responsible for evaluating and rendering an opinion of the drug influence of DUI Drug arrestees. As part of that examination, the expert shall:

• Advise the arresting officer of any additional tests required.

• Determine if an MT is needed.

• Complete the Drug Influence Evaluation Form.

• Enter a brief description of the findings and the examining officer's name and serial number in the Remarks Section of the Booking Approval, Form 12.31.00.

Note: If during a drug evaluation, the expert determines that he/she is not qualified to render an opinion, the watch commander approving the booking shall determine if another expert should be called.

343.28 ADMINISTRATIVE PER SE ORDER OF SUSPENSION.

343.30 ARRESTING OFFICER'S RESPONSIBILITY. An officer making an arrest for driving-under-the-influence (DUI) shall complete a DUI arrest report in the usual manner and confiscate the California driver's license of the arrestee when the arrestee:

• Refuses to submit to and complete a chemical test; or

Note: The Chemical Test Admonition portion must be read to the arrestee in its entirety, even when the arrestee refuses to submit to or complete a chemical test.

• Takes a breath test which shows a blood alcohol concentration (BAC) level of .08 percent or more; or,

• Takes a urine or blood test and the officer believes that subsequent test results will show that the driver is at or above a blood alcohol concentration of .08 percent.

Note: Out-of-state/foreign licenses are not included under California law and cannot be confiscated.

Upon completion of the DUI arrest report and confiscation of the arrestee's California driver's license, the arresting officer shall complete:

• A Department of Motor Vehicles (DMV) Officer's Statement, Form DS367, and write the arrestee's booking number in the upper right corner; and,

• A DMV Administrative Per Se Order Of Suspension/Revocation Temporary License Endorsement, Form DS360.

Upon approval of the DUI arrest report and Administrative Per Se documentation, officers shall:

• Attach page two of the DMV Form DS360 to the DUI arrest report;

• Issue page three of the DMV Form DS360 to the arrestee; and,

• Mail the original Form DS367; page one of the Form DS360; the arrestee's original California Driver License; and Intoxicator EC/IR Operator Checklist, Form 05.20.07, to the DMV location which corresponds with the geographic bureau of arrest.

Note: The law requires that all reports and forms be received by DMV within five working days of the date of arrest.

Page two of the DMV Form DS360, issued to the arrestee, will serve as a temporary driver's license for 45 days from the date of arrest for an arrestee with a valid California Driver License in his or her possession. Once the arrestee's driver's license has been confiscated, the arrestee will have 10 days to request a DMV hearing. Failure by the arrestee to request a hearing will result in an automatic suspension of the arrestee's California Driver License.

Exception: The arresting officer shall check the "No Temporary License Issued" box on the DMV Form DS360, and complete the explanation why no temporary license was issued, if:

• The arrestee has an out-of-state/foreign driver license; or,

• The arrestee has not been issued a valid California Driver License; or,

• The arrestee's California Driver License is suspended, revoked, or not in possession.

Packaging Blood or Urine Samples. If an arrestee chooses a blood or urine test, the arresting officer shall follow procedures described in Manual Sections 4/343.40 or 4/343.42. Additionally, the arresting officer shall complete the top half of the DMV Form, DS367A, and mail all three copies of the form to Scientific Investigation Division.

Supervisor's Responsibility. Supervisors approving DUI arrest reports shall ensure that arresting officers have complied with Administrative Per Se procedures (23158.5 VC), when applicable.

343.33 INDEPENDENT TEST BY QUALIFIED PERSON. When qualified persons appear at the place of confinement by requests of the prisoner (Manual Sections 4/658.12 and 4/658.17) or other person, for the purpose of obtaining a breath, blood, or urine sample, they shall be permitted to do so upon consent of the prisoner.

• Only a duly licensed doctor, laboratory technologist, bioanalyst, or registered nurse shall be permitted to withdraw a sample of the arrestee's blood. This limitation shall not apply to the taking of breath or urine specimens;

• The doctor must be a physician or surgeon (M.D. or osteopath) licensed to practice in the State of California. If there is a question as to the identification of the doctor, Detective Support and Vice Division shall be called to see if the doctor is listed in the Directory of the State Board of Osteopathic Examiners;

• The laboratory technologists or bio‑analysts must be licensed to practice in the State of California. If there is a question as to their identification, Detective Support and Vice Division shall be called to see if they are listed in the Department of Public Health directory for licensed laboratory technologists and bioanalysts; and,

• The registered nurse must be licensed to practice in the State of California and must perform the blood extraction under the supervision or at the immediate direction, of a doctor.

A Follow‑Up Report, Form 03.14.00, shall be used, by the officer having custody of the prisoner, to record:

• The time the telephone call was made by or for the prisoner;

• The time the person arrived at the place of confinement and requested to see the prisoner;

• The person's name, address, and telephone number, including business office address and telephone number;

• The time the sample was taken;

• The amount of blood taken as stated by the person;

• The names and serial numbers of the officers witnessing the telephone call and the taking of the breath, blood, or urine sample;

• The name of the doctor employing or supervising the registered nurse; and,

• Any other appropriate information.

343.36 CHEMICAL TEST ADMONITIONS. Prior to administering a chemical test to a driving‑under‑the‑influence arrestee, the Chemical Test Admonition (23157 VC) section of the Driving‑Under‑ The‑Influence Arrest Report, Form 05.02.05, shall be read to the arrestee. The name and serial number of the admonishing officer shall be entered in the space provided in this section.

Note: The Chemical Test Admonition (23157VC) (Spanish) contained in the Los Angeles Police Department Citation Guide, Form 16.65.00, shall be read to Spanish speaking driving‑under‑the‑influence arrestees, by an officer fluent in, and capable of, testifying in Spanish.

After a breath test, if the arrestee is suspected of driving under the influence of alcohol, the Additional Chemical Test Admonition (23157.5 VC) section of the Driving‑Under‑The‑Influence Arrest Report shall be read to the arrestee. The name and serial number of the admonishing officer shall be entered in the space provided in this section. If drug use is suspected, the Drug Admonition of the Driving‑Under‑The‑Influence Arrest Report shall be read to the arrestee instead of the Additional Chemical Test Admonition. The name and serial number of the admonishing officer shall be entered in the space provided in this section.

343.38 BREATH TEST.

Use of Equipment. Breath‑testing equipment is located at Metropolitan Jail Section (Parker Center), Valley Headquarters Building, 77th Street Jail Section, and all geographic Areas except Central, Newton Street, Hollenbeck, and Rampart Areas. Operation of the breath‑testing equipment shall be restricted to personnel who have been trained in its use. Arresting officers not trained in the use of the breath‑testing equipment shall ensure that the examination is administered by an officer trained in its use.

An Intoximeter EC/IR Operator Check List, Form 05.20.07, shall be completed each time the Intoximeter EC/IR is set up for a test and for each subject to whom a test is administered.

Note: Breath‑testing equipment may be used as an investigative aid in driving‑under‑ the‑influence arrests involving narcotics, non‑narcotic drugs, or dangerous drugs, or for other purposes at the discretion of the concerned watch commander.

Watch commanders shall ensure that breath‑testing equipment receives timely calibration by qualified personnel.

Administering Test. Prior to administering the test, the testing officer shall observe the subject for a 15‑minute period, during which the subject shall not have eaten, drunk, smoked, regurgitated, or vomited.

Note: If the subject regurgitates, vomits, eats, drinks, or smokes between samplings, the pre-testing observation shall be repeated.

At least two breath samples shall be collected. (No waiting period is required between samples.) If the readings of the two samples vary more than .02 percentage points, additional samples shall be collected until the results of any two samples are within .02 percentage points. If five samples have been collected and the test is not complete (two samples, within .02 percentage points), the officer shall direct the subject to submit to either a blood or urine test. Failure to complete a test shall be deemed a "refusal."

Note: Arrestees who obtain a EC/IR reading of .30 percent or higher shall be examined by medical personnel pursuant to Manual Section 4/648.17

Recording Results. The EC/IR test tape shall be separated from the machine only when:

• The test is completed (two samples, within .02 percentage points); or,

• Five samples have been collected and the test is not completed.

The date/time stamp shall be applied on the front of the test tape with each sample, and the time of each sampling shall be recorded.

Note: The date/time stamp and the required entries shall not cover any portion of the test results.

The EC/IR test tape shall be stapled to the EC/IR Check List on the space provided. The staple shall be positioned in a manner that will not interfere with reading the test results. When the test tape is longer than the Check List, the tape shall be folded in a manner that will not interfere with reading the test results.

The Intoximeter EC/IR Operator Check List shall be completed by the administering officer and:

• Attached to the Arrest Report; or,

• Submitted with the officer's DFAR and a DUI Arrest Report, Form 05.02.05, when no arrest report is completed.

343.40 BLOOD TEST.

Criteria for Requesting. A blood sample may be requested in the following situations:

• The arrestee indicates a willingness to submit to a blood test incidental to the arrest; or,

• The arrestee is in custody for a felony and the level of intoxication would be an essential element in the alleged violation; or,

• The arrestee is unconscious or is so impaired and is unable to consent to a chemical test. When such a condition exists, the following steps shall be taken in order to determine if the arrestee is a hemophiliac or a heart patient possibly using anticoagulant medication:

  • Check for medical information on the arrestee's person such as a "Medic Alert" bracelet or necklace, or any other item indicative of the arrestee's medical background;

  • If a relative or a friend of the arrestee is present who can provide information about the arrestee's medical condition, record the name, the relationship to the arrestee, and the statements of that person in the arrest report; and,

  • Inform the attending physician of all information in the officer's possession which may have a bearing on the arrestee's physical condition.

Requesting Forced Blood Sample Withdrawal.  A forced blood sample may be obtained from an arrestee only when all of the following conditions have been met:

• The arrestee is in custody for a felony traffic offense where the injury occurred to a person other than the arrestee; and,

• Intoxication is an essential element of the alleged violation; and,

• The arrestee refuses to voluntarily submit to any of the available chemical tests; and,

• Prior approval from a traffic supervisor has been obtained; and,

• A traffic or patrol supervisor is present at the medical facility (e.g., jail dispensary, contract hospital, etc.) to witness the withdrawal of blood from the suspect.

Note:  The name and serial number of the approving supervisor and the supervisor present during the forced blood withdrawal, if different from the approving supervisor, shall be written in the arrest report.

Exception:  An arrestee whose medical condition prohibits a blood sample from being taken shall not be forced to submit to a blood test.

Traffic Division Supervisor’s Responsibility. Upon being advised of a request for a forced blood withdrawal, the concerned traffic division supervisor shall determine if the criteria for forced blood withdrawal is met.  The approving supervisor, if readily available, should be the supervisor present during the procedure.

The supervisor who is present at the scene of a forced blood withdrawal where the use of force becomes necessary shall ensure that the use-of-force investigation is conducted by a non-involved supervisor.

Requesting Withdrawal. Whenever a blood sample is to be obtained from an arrestee, the arresting officer shall direct a Request for Withdrawal of Blood, Form 04.35.00, to any of the following hospital personnel:

• Physician.

• Registered nurse.

• Licensed clinical laboratory technologist.

• Licensed clinical bio‑analyst.

Physician or Hospital Employee Refusal. When a physician or hospital employee authorized by Vehicle Code Section 23158 VC refuses to withdraw a blood sample, the officers having custody of the arrestee shall request a supervisor to respond to their location. Upon arrival, the responding supervisor shall:

• Become familiarized with the situation including a determination that the arrest and officer's actions conformed with Department policy;

• Verify the refusal by the hospital employee to withdraw blood; and,

• Attempt to contact an administrator of the hospital who may advise the refusing employee as to responsibilities according to the contract provisions of the hospital, to the City.

When the employee still refuses to withdraw a blood sample, the supervisor shall then request the arrestee to submit to one of the other two remaining chemical tests. When the arrestee refuses the other tests, the supervisor shall advise the officers to complete the appropriate arrest report, including a notation regarding the absence of a chemical test.

Note: If a hospital employee refuses to withdraw a blood sample and the arrestee declines the remaining tests, the arrestee may be transported to a Jail Division Dispensary to obtain the blood sample.

After the arrestee is booked and all appropriate reports are completed, the concerned supervisor and officers shall each complete an Employee's Report, Form 15.07.00, recording all pertinent information regarding the refusal to withdraw blood. The completed Employee's Reports shall be forwarded through channels to Detective Support and Vice Division-Attention Medical Evaluation Unit.

Obtaining and Packaging. The withdrawal of all blood samples shall be witnessed by the requesting officer. Officers obtaining blood samples for alcohol or drug analysis shall, in addition to following the procedures outlined on the Analyzed Evidence To Be Refrigerated Envelope, Form 12.51.01, place the defendant's booking number above the officer's serial number when completing the Sealed Evidence Label. If there is no arrestee, the DR number shall be placed in the space above the booking officer's serial number. When there is more than one suspect and a DR number is used, both the DR number and the last name of the suspect shall be used.

Officers obtaining whole blood samples from hospital employees for other than alcohol or drug analysis shall:

• Tilt the vial slowly and gently for approximately twenty seconds to ensure the preservative in the vial mixes with the blood;

• Complete the label on the vial with the suspect's name, the DR number, and the booking officer's initials;

• Check the "Blood Grouping" box on the Analyzed Evidence To Be Refrigerated Envelope, and complete all other applicable reports;

• Place the vial in the Analyzed Evidence Envelope and seal the envelope with a Sealed Evidence Label bearing the date and DR number and the officer's payroll signature and serial number signed in ink; and,

• Affix the Biohazard Label to the upper left corner of the front of the Analyzed Evidence To Be Refrigerated Envelope.

Supervisor Approving. The supervisor approving the booking of the sample shall inspect the sample vial or container label to ensure that the required identifying information is included.

Booking. Whole blood samples shall be booked in the SID courier refrigerated temporary storage locker most convenient for the booking employee. The SID courier shall be responsible for transporting items to be analyzed to SID.

343.42 URINE TEST.

Location Obtained. A urine sample shall be obtained from a male arrestee at the booking location, and from a female at:

• Female Jail Unit, Valley Section, when arrested in West Los Angeles, Pacific, or the Valley Areas; and,

• The Area of arrest, when arrested in the metropolitan area.

Administering Test. An officer or detention officer of the same sex as the arrestee shall:

• Escort the arrestee to an appropriate restroom facility;

• Instruct the arrestee that he/she must empty his/her bladder;

• Remain present while the arrestee empties his/her bladder;

• Wait twenty minutes, or as soon as possible thereafter, before attempting to collect a urine sample;

• Provide the arrestee with a pretreated urine sample container;

• Ensure that the container is not rinsed prior to sample collection;

• Remain present while the arrestee provides a urine sample; and,

• Ensure that the label identifying the chemist responsible for preparation of the container is not removed.

Note: A protective glove shall be worn when handling a urine sample.

The Driving‑Under‑the‑Influence Arrest Report (Continuation), Form 05.02.05, shall indicate:

• The time the bladder of the arrestee was first emptied,

• The time the urine sample was collected, and,

• The name of the employee who administered the urine test.

Note: When an arresting officer becomes aware that an arrestee has emptied his/her bladder after coming into the custody of the officer, the twenty‑minute waiting period shall begin at the time the bladder was first emptied. The time and circumstances of the emptying shall be recorded on the Driving‑Under‑the‑Influence Arrest Report (Continuation), Form 05.02.05.

Booking Sample. The officer booking a urine sample shall:

• Ensure that the lid is placed tightly on the container;

• Place a completed Sealed‑Evidence Label on the side of the container, and place the defendant's booking number above the officer's serial number when completing the Sealed‑Evidence Label. If there is no arrestee, the DR number shall be placed in the space above the booking officer's serial number. When there is more than one suspect and a DR number is used, both the DR number and the last name of the suspect shall be used;

• Complete the Analyzed Evidence To Be Refrigerated Envelope, Form 12.51.01, and check the appropriate box, "Alcohol Analysis" or "Drug Analysis;"

• Place the container in the Analyzed Evidence Envelope;

• Seal the flap of the envelope with a completed Sealed Evidence Label; and,

• Affix the Biohazard Label to the upper left corner of the front of the Analyzed Evidence Envelope.

Alcohol and/or opiate urine samples shall be booked in the SID courier refrigerated temporary storage locker most convenient for the booking employee. The SID courier shall be responsible for transporting items to be analyzed to SID.

Supervisor Approving. The supervisor approving the booking of the sample shall inspect the sample vial or container label to ensure that the required identifying information is included.

343.57 REFUSAL TO SUBMIT TO OR COMPLETE CHEMICAL TEST - NOTIFICATION TO DMV. When a person who has been arrested for operating a motor vehicle while under the influence of intoxicating liquor and/or drugs refuses to submit to or complete a chemical test, the arresting officer shall mark the left margin of the related Driving‑Under‑The‑Influence Arrest Report, "Copy to Bureau Traffic Division Auditor."

343.60 DRIVING ‑ UNDER ‑ THE ‑ INFLUENCE ARREST-OFFICER REPORTING. When an arrest is made for any offense committed while driving a vehicle under the influence of alcohol and/or drugs, one officer shall normally complete the report and be prepared to testify regarding all phases of the arrest. That officer's name shall be placed in the upper portion of the "Reporting Officer's" box on page 1 of the Arrest Report and in the appropriate boxes of Form 05.02.05.

343.65 MISDEMEANOR TRAFFIC COLLISION RELATED DRIVING ‑ UNDER ‑ THE ‑ INFLUENCE BOOKINGS. When an arrestee involved in a traffic collision is booked for driving under the influence (23152(a) VC) the officer responsible for completing the arrest and traffic collision reports shall cause the arrest report and a copy of the traffic collision report to be submitted together at the location of booking for processing and distribution.

Exception: When the arrestee is booked into the Los Angeles County‑USC Medical Center jail ward or Los Angeles County Jail, the reports shall be submitted to the approving supervisor at the Communications Division Telephonic Report Counter, Parker Center.

Note: Records unit personnel shall ensure that one copy of the Traffic Collision Report is forwarded, with the copies of the DUI arrest report, to the appropriate custodial detention officer. The original reports and subsequent copies shall be processed and distributed according to current procedures.

343.70 DRIVING - UNDER - THE - INFLUENCE BOOKINGS. A teletype request shall be sent to DMV concerning each arrestee booked for 23152(a) VC. This request shall be teletyped by divisional record clerks immediately upon receipt of the Booking and Identification Record, Form 05.01.00, from the location of the arrestee's detention. Requests may be sent using either the driver's license number or the full name of the arrestee.

When using the driver's license number, the teletype shall be sent in the following form:

• ID.

• (Information code, driver's license number.)

When no driver's license number is available, the teletype shall contain: (Manual Section 4/155.15)

• STATUS AND RECORD.

• Arrestee's full name.

• Arrestee's address.

• Arrestee's birthdate (if unknown, give age).

Teletype requests shall originate from the division at which the arrest reports are completed for distribution. The employee shall use the appropriate teletype code to ensure that the docket number and the court of prior conviction, if applicable, appear on the reply from DMV. The employee making the inquiry shall attach the return teletype information to the court copy of the arrest report and forward them to the detention officer having custody of the arrestee.