Regardless of the facts of a case, chemical tests are mandatory. For drivers who refuse to take a test, the law of implied consent will subject them to automatic driver's license penalties, including driver's license suspensions. In cases where drivers do submit to a breath or blood test, there are a number of defense strategies that can be used to challenge the evidence.
- Breath Tests - Although breathalyzer tests have become the go-to method for testing BAC levels, they are far from perfect. In fact, there is a great deal of data that shows how inaccurate breath tests can be. When defending clients charged with DUI, our Ventura DUI attorneys work to highlight the margin of error inherent to these tests. We also secure calibration records for testing devices used by officers to ensure that they were regularly maintained. If there is evidence that breathalyzers were not routinely calibrated, for example, it can be used to show that the results of a breath test were inaccurate.
- Blood Tests - Blood tests also have a certain margin of error that can be highlighted during the defense process. Rising BAC levels and improper blood draws are common defense strategies. Just as with breathalyzer tests, blood tests are in no way perfect.
Ultimately, your defense strategy will depend on the unique facts of your case, especially the arresting protocol of officers and the recorded BAC level. At Lessem, Newstat & Tooson, LLP, our Ventura DUI lawyers have represented many clients charged with DUI and have accumulated the experience and resources to make personalized defense strategies that provide the best chance for protecting our clients' freedoms and futures. Among all other forms of evidence in DUI cases, our team focuses intently on breath and blood tests.This includes efforts to conduct blood splits and our own tests of chemical samples.
In addition to looking into the testing protocol, chain of custody, and other elements of testing blood or breath samples, our legal team also analyzes the protocol used by arresting officers to determine if they have probable cause to obtain a sample. Without probable cause, evidence obtained in a breath or blood test would be considered an unlawful search and seizure, and therefore inadmissible as evidence in a case. By taking a comprehensive approach when looking at chemical tests, we aim to find holes in the government’s case.
If you or your loved one has recently been arrested and charged with a DUI in Ventura or any of the surrounding communities in Ventura County, you can learn more about your charges and defense by speaking with a member of our legal team. Contact us for a free consultation.