Common DUI Evidence
DUI Defense Lawyers in Ventura, California
Are you facing a DUI arrested in Ventura, CA? You don't have to look any farther than Lessem, Newstat & Tooson, LLP for an aggressive DUI defense attorney. With more than five decades of legal experience behind us, we are confident in our ability to combat virtually any type of DUI charge, regardless of the evidence held against you. We are well-versed in all types of DUI cases and know that, depending on the circumstances surrounding your arrests, proving your innocence can seem like an overwhelming task.
When you work with our Ventura DUI defense lawyers, you can rest assured that a member of our legal team will work with you through every step of the legal process.
DUI Evidence Used by Prosecutors & Defense Attorneys
DUI prosecutors use many different forms of evident to obtain DUI convictions. Some of the most common types of DUI evidence include:
Blood Alcohol Content
The term "blood alcohol content" refers to the volume of alcohol in your bloodstream. Generally speaking, intoxication is directly related to the percentage of alcohol in your blood. According to California Vehicle Code § 23152(b), it is unlawful to operate a car if your BAC is .08% or more. Thus, proving BAC is one of the key evidences used by California prosecutors to convict drivers of DUI. At Lessem, Newstat & Tooson, LLP we can help you avoid a DUI conviction based on BAC. Faulty tests, improper investigation procedures, rising blood alcohol content, and probable cause are all methods of defense against BAC evidence.
Breath & Blood Tests
Breath and blood tests are used to determine an individual's BAC. However, many substances can interfere with the accuracy of these tests. For instance, cough syrup and mouth was can lead to unrealistically high BAC readings. Additionally, breathalyzers are in indirect method of BAC testing. Similarly, blood tests are not always an accurate reflection of your BAC. Blood tests do not take rising BAC into consideration; it is entirely possible to legally drive a car before your bloodstream absorbs the alcohol. If you were arrested on the grounds of a blood or breath test, speak with an attorney from our firm to learn more about your defense options with our firm.
Field Sobriety Testing
Field sobriety testing refers to a set of simple tests that police officers administer to determine whether or not a driver is under the influence of alcohol. Each test involves a simple task that should be easy for a sober person to complete, but difficult for an intoxicated person to execute correctly. There are three primary field sobriety tests used in California: the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus (HGN) test. While these tests may be difficult to perform while under the influence of alcohol, a clumsy sober person could fail as well. Additionally, the HGN test is subject to false results if the motorist is taking seizure medications.
The term "probable cause" refers to any evidence used by a police officer to conduct a traffic stop, DUI investigation, or drunk driving arrest. Without probable cause, law enforcement cannot conduct a lawful investigation or arrest. For example, the arresting officer might pull you over for speeding, notice the smell of alcohol on your breath and initiate a DUI investigation. Without any symptoms of intoxication, like the smell of alcohol, the officer would not have probable cause to conduct the investigation. Similarly, if the investigation does not product additional evidence of intoxication, the officer cannot conduct a lawful arrest.