Councilmember Dodges DUI
By Gold & Witham
Feb. 16, 2011 10:53a
Oakland Council Member Ignacio De La Fuente was arrested when he failed a field sobriety test administered by an officer on December 23. After receiving the results of his blood test, however, the district attorney's office decided not to charge him with a
DUI.
The arresting officer's suspicion was first aroused when he noticed De La Fuente's vehicle making an unsafe lane change on Interstate 580. He then proceeded to clock the councilmember's speed at about 15 miles over the speed limit. Once he had pulled been pulled over, De La Fuente was considered "noticeably impaired." The officer then placed him under arrest, and detained him so that a blood test could be administered. The initial results showed a blood alcohol level above .08%.
Rising Blood Alcohol Levels Make Conviction Difficult
According to a spokesperson for the district attorney's office, Teresa Drenick, the results of the blood test, along with the rest of the available evidence, did not provide proof of impairment at the time the arrest was made. Drenick claims his BAC level was 'on the rise', meaning that despite the results of the blood test being over the limit, it would not necessarily have been at an illegal level when De La Fuente was pulled over.
When asked to disclose the results of his blood test, the district attorney's office refused, citing confidentiality. No charges have been filed. When asked about the decision, one prominent lawyer who specializes in DUI cases said the results were not atypical. Police officers need very little evidence to arrest a suspect on DUI charges, and it is not unusual to fail a field sobriety test and not be charged.
Defense Attorneys Can Help You
In the event that yourself or a loved one is arrested on suspicion of a DUI offense, you deserve an aggressive and vigorous defense. At Gold and Witham, our clients benefit from our experience and expertise in DUI cases. For this reason, do not hesitate to contact an aggressive DUI attorney from our firm at once to receive the legal assistance that you truly deserve.
Contact a Los Angeles DUI Lawyer to receive a free consultation!
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