Ventura DUI Attorney Experienced in Challenging DUI Evidence
In most Ventura DUI cases, the defendant will face a charge of impaired driving under California Vehicle Code Section 23152(a). If your BAC was at or above 0.08%, you will likely also face a charge under California Vehicle Code Section 23152(b) (which establishes a per se violation for driving with a BAC of 0.08% or above). However, the Ventura County District Attorney’s Office frequently charges people with DUI under Section 23152(a) even when their BAC comes in below 0.08%.
In order to prove a case under Section 23152(a), the District Attorney must establish that your ingestion of alcohol or other drugs impaired your ability to drive. To do this, he or she must present evidence demonstrating that both (a) you were in fact intoxicated at the time of your arrest, and (b) your intoxication actually impaired your driving ability. If the District Attorney does not have sufficient evidence to prove that you are guilty of DUI, your case must be dismissed.
Types of Evidence in Ventura DUI Cases
There are a limited number of types of evidence that the District Attorney’s Office can try to use to convict you for DUI. Possible evidence the prosecutor may try to use in your high profile DUI or other drunk driving case includes:
- Your driving pattern (e.g., swerving), as allegedly observed by the arresting officer;
- Any symptoms of intoxication (e.g., “red and watery eyes,” “slurred speech,” an “odor of an alcoholic beverage,” or an “unsteady gait”) allegedly observed by the arresting officer;
- Any statements you may have made to the arresting officer;
- Your performance on field sobriety tests (FSTs);
- The results of any Preliminary Alcohol Screening (PAS) test; and
- The results of your BAC test (either breath or blood).
Challenging Evidence in Ventura DUI cases
Often, a driving pattern and other supposed symptoms of intoxication can be explained by a perfectly innocent circumstance or personality trait. Likewise, in many cases FSTs are improperly performed, and PAS and chemical BAC tests are often incorrectly administered and/or deliver illegitimate results. Our Ventura DUI attorney has been certified by the Ventura County Sheriff in Standardized FSTs, and he has helped countless clients avoid conviction for DUI by successfully challenging the prosecution’s purported DUI evidence.
Getting Evidence Thrown Out in Your Ventura DUI Case
Even if the prosecutor has legitimate evidence from your arrest, if the police lacked reasonable suspicion to pull you over all of the evidence must be excluded from your case, and the prosecution will be forced to dismiss your Ventura DUI. Additionally, if you were arrested for a DUI in Ventura without probable cause, then much of the above evidence will have to be excluded, and this also often leads to dismissal. At The Law Offices of David Lehr, we have substantial experience helping our clients avoid conviction by establishing lack of reasonable suspicion and probable cause.
Trust Your Case to an Experienced Ventura DUI Lawyer
DUI convictions in Ventura County carry significant penalties – some of the stiffest in the nation. If you are facing a Southern California DUI charge, you need an experienced Simi Valley DUI attorney who knows how to challenge DUI evidence and deliver positive results for his clients. This is what you get with The Law Offices of David Lehr. To schedule a free consultation, please contact us today.
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