When police officers arrest a person for DUI, the manner in which evidence is gathered can make or break the prosecution's argument. As California residents may know, police reports are generally written to suggest guilt, even in cases in which the charges are eventually dropped. What defendants most often need is a criminal defense that calls into question the typically cut-and-dry perspective of the prosecution.

One person who will need just such a defense was arrested recently in Los Angeles. Police officers charged the driver of a black BMW with felony DUI after the car crashed into a church van near Koreatown.

Usually, local news reports about DUI arrests are informed largely by the related police report, and that seems to be the case here. It wasn't made clear exactly why the police suspected the driver of being drunk. A car accident alone can make a person disoriented, and there was no word of whether the arresting officer administered a field sobriety test or a breath test to determine if alcohol was indeed a factor in the crash.

Eleven passengers in the van reportedly sustained minor injuries, though none of the injuries was life-threatening. Whether the driver of the BMW suffered injuries was not reported.

In California, the penalties for felony DUI are very serious. That is why people who are facing such a charge should do everything legally in their power to protect their personal freedom and their driving privileges. Moreover, a DUI conviction could result in jail time and heavy fines. Even so, many people who are accused of DUI essentially throw up their hands and let the prosecutors have their way. But that is a serious mistake. A strong criminal defense can prevent a bad situation from turning into a worse one, and the reduction or dismissal of charges is often a real possibility.

Source: mercurynews.com, "Church van struck by allegedly drunk driver in LA," Feb. 11, 2012