Los Angeles County Criminal Lawyer Blog

As our Los Angeles DUI defense lawyers warned readers in November about the likelihood of stepped-up patrols during Thanksgiving, we are now warning you about the time before the Christmas holiday through New Year's.

Our lawyers wish you and your family a safe and healthy holiday season, but we warn that officers will be out in full force attempting to make as many DUI arrests in Los Angeles as possible. While the best option would be to not drink and drive, if you are arrested, it doesn't necessarily mean you will be convicted if errors were made.

In many cases of DUI in Los Angeles, improperly working breathalyzers can lead to dropped charges. Earlier this year, thousands of California DUI charges were dropped because breath test machines used around the San Jose area were faulty.

While there's no guarantee that a breath test has malfunctioned in a particular person's case, it is certainly an area of the state's case that must be considered. Whether poorly manufactured by the company or poorly maintained, these machines play a major role in DUI enforcement. In order for a person to be convicted, jurors like to see test results.

Most would prefer to know that if a driver's blood alcohol level was 0.08 or higher, the police will produce a test to show that. But if the testing is flawed, that creates debate, or doubt, whether the prosecution has enough evidence to convict. Simply saying a person was drunk based on actions doesn't necessarily prove he or she was drunk.

As we recently reported on our Los Angeles County Criminal Lawyer Blog, news outlets reported after the Thanksgiving holiday that DUI arrests in Los Angeles County were up, while statewide numbers were down from a year ago. Could that be because officers specifically targeted the Los Angeles area? If so, can it happen again this month?

Law enforcement likely will be attempting to match last year's numbers, as reported by the California Office of Traffic Safety.

In 2010, officers made 1,923 DUI arrests between Dec. 17 and Dec. 31. That was down slightly from 2009, when officers made 2,622 DUI arrests -- but the time period was Dec. 18 to Jan. 3, an additional two days. Still, there were more arrests per day in 2009 than 2010. The numbers were on the decline further from 2008, when officers made 2,713 DUI arrests.

While there's no quantifiable proof, it appears that drinking and driving is on the decline, which supports studies that have shown the act is down from decades ago, when it peaked.

Law enforcement will be stretched this holiday season, as the AAA Automobile Club of Southern California estimates that 7.13 million local residents will be traveling and 90 percent via their vehicles. Statewide, 11.4 million Californians are expected to travel 50 miles or more from their homes. The top destinations are expected to be Las Vegas, San Diego, San Francisco, the Grand Canyon and Disneyland.