Drunk driving is a serious criminal charge, but many DUI arrests are based on faulty evidence, false arrests, and shady investigation techniques. This doesn't mean that combatting a DUI allegation in California is easy, though. In fact, our DUI defense attorneys have spent more than 50 combined years working to perfect our legal strategies. Today, we want to help people like you understand the importance of a strong DUI defense case along with some of the most common defense techniques used by lawyers in California.
"DUI breath tests are not always accurate." Breath testing is not always an accurate way to determine the level of alcohol in a driver's system. In fact, many variables can result in an improper reading. Technical malfunctions, incorrect handling of the breathalyzer device, the motorist's physical condition, and outside environmental factors can tamper with BAC test results. For example, drivers who use mouth wash may exhibit a high BAC because of residual alcohol (mouth alcohol) on their breath. Radio frequencies can also cause the breathalyzer test to fail.
"The driver's BAC was on the rise." This means that, although the driver consumed alcohol before driving, his/her blood had not absorbed the alcohol yet. By the time police officers conducted the investigation, the driver's BAC could rise to the legal limit, resulting in a DUI arrest - even though the motorist drove while his/her BAC was still under the legal limit. After a drink, your body needs time to absorb the alcohol into your system. During this time, you may not feel the effects of the alcohol. Thus, you may not be guilty of actually driving under the influence
"Police didn't have probable cause to make an arrest." Law enforcement officers cannot arrest you for any crime without probable cause. This means that, if an officer conducts a traffic stop or DUI investigation without a good cause, he/she cannot make a legal DUI arrest. Probable cause can refer to virtually any form of empirical evidence that indicates DUI. For instance, a police officer could have probable cause to launch a DUI investigation if the driver had an open container of alcohol in the car. Without this evidence, the arrest is unlawful.
"Symptoms of intoxication are not always caused by alcohol." Many DUI arrests hinge on the claim that a driver exhibited signs of intoxication. However, few sighs of alcohol impairment are exclusively caused by alcohol. For example, red eyes and a flushed completion could be the result of environmental factors, allergies, or tiredness. Similarly, watery eyes are not always caused by drunkenness – even slurred speech can be the result of fatigue. Symptoms of illness and physical injury can also overlap with the signs of DUI.
"Bad driving is always linked to drunk driving." Like the physical signs of DUI, erratic driving is not always linked to intoxication. Sometimes, law enforcement conducts a traffic stop because a motorist was speeding, drifting to the side of the road, or driving unpredictably. While a drunk driver might exhibit similar behavior, a multitude of other situations could be responsible for these same actions. A driver could easily exhibit the same evidence while adjusting the radio, eating, or reaching for something on the floor.
Learn More About DUI Defense from our Ventura DUI Attorneys
Contact Lessem, Newstat & Tooson, LLP to learn more about your rights during a DUI investigation, arrest, or trial. Our team of Ventura DUI defense lawyers has served clients in a wide-variety of practice areas for more than five decades. Let us put this knowledge to work for your case. Our representation is characterized by commitment, experience, and a passion for criminal defense litigation. Call today!