How Can I Beat My Ventura DUI?
The first question most people ask when facing a DUI charge in Ventura County is, “How can I beat my DUI?” While there is no set formula for beating a Ventura DUI charge, there are a number of recognized defenses that may be available in your case. For many of these defenses, the information we need in order to present them lies with you.
At The Law Offices of David Lehr, we work closely with our clients to help them recall all of the facts leading up to and surrounding their Ventura DUI arrest. Many times facts that may initially seem irrelevant can actually play a significant role in your case, so this is actually an extremely important part of the process.
Possible Defenses to a Ventura DUI
With the foregoing in mind, the following are some examples of defenses our Ventura drunk driving lawyers may be able to raise in order to fight or reduce the punishment for your Ventura DUI:
- Lack of Reasonable Suspicion for Your Traffic Stop – In order to pull you over, the police must have a “reasonable suspicion” that you are guilty of some criminal activity. The courts have discredited many purported bases for police traffic stops, including minor weaving. If your traffic stop was unjustified, you are entitled to have your entire DUI case dismissed.
- Lack of Probable Cause for your Arrest – Similarly, the police must have “probable cause” to arrest you. If the police report states invalid justifications for your arrest (such as an “odor of alcohol”), then much of the prosecution’s evidence will have to be excluded from your case. Although, in cases involving serious DUI in Ventura, the police will generally have probable cause.
- Alternate Explanations for Your Driving Pattern – Just because you swerve, drift or weave a bit while you are driving, this does not establish that you either (a) are intoxicated, or (b) are impaired as a result of intoxication. There are often other reasons (such as fatigue) for these types of driving patterns.
- Alternate Explanations for Your Failure of FSTs, and Other False Cues – Likewise, you may have bad balance due to a medical condition, or there may be other reasons why you cannot successfully perform a field sobriety test. Additionally, maybe your voice is always slurred, or perhaps your eyes are red because you smoke. There can be any number of reasons besides intoxication for many of these so-called “cues” for alcohol impairment.
- FSTs were Improperly Administered or were Not Standardized – Police officers often fail to properly administer field sobriety tests (FSTs), and many still use outdated FSTs that are no longer considered reliable. This too can lead to evidence being excluded from your case.
- Faulty Administration of Your Chemical BAC Test (Breath or Blood) – There are established procedures for administration of chemical BAC tests. If these procedures were not followed, the test results can be excluded from the evidence against you.
- Unmaintained or Un-calibrated Testing Equipment – Similarly, if the records for the equipment used for your chemical BAC test show that it was not properly maintained, this too can be used to discredit your test results. There is also a known standard rate of error even for properly-administered breath and blood tests.
- Your BAC Rose After You Were Pulled Over – If it takes the arresting officer some time to administer your breath test, or if you elect to take a blood test at the local hospital, it is very possible that your BAC will rise over the legal limit in between the time that you are pulled over and the time the test is performed.
- Faulty Breath Test Result Due to Acid Reflux, Heartburn or GERD – If you live with GERD, or if you were suffering from acid reflux or heartburn when you took your breath test, your BAC reading could have increased artificially as a result of your condition.
- Faulty Breath Test Result Due to Other Reasons – Belches, hiccups and vomiting can all cause alcohol to travel from your stomach back to your mouth. When this occurs, a breath test will register an exaggerated BAC. Your breath temperature, breath pattern, and even your diet can also alter your BAC reading.
- No Reading of Miranda Rights – If you were placed in custody or subjected to interrogation, the police were required to read you your Miranda rights. If they failed to do so, any statements you made should be excluded from your case.
These are just a sampling of the many defenses our Ventura DUI lawyers may be able to raise on your behalf to fight your Ventura DUI.
Learn About Possible Defenses to Your Ventura DUI
To schedule a free consultation and learn how The Law Offices of David Lehr may be able to help you beat your Ventura DUI charges, please contact us today.