DUI Defenses
Defenses to a Ventura County DUI case generally fall into 3 categories: Driving, officer observations/field sobriety tests and chemical testing. Remember that 12 jurors must agree on the guilt of the accused in order to convict. A skilled DUI defense lawyer is your best hope for creating doubt in these areas, thereby attacking the prosecution’s evidence. Similarly, a skillful DMV attorney increases the odds to win your DMV hearing, and prevent the DMV from suspending your license.
Driving
According to the National Highway Traffic Safety Administration, the following driving patterns indicate that the driver may be driving under the influence:
- Turning with wide radius
- Straddling center of lane marker
- Almost striking an object or vehicle
- Weaving
- Driving on other than designated roadway
- Swerving
- Speed more than 10 miles below legal limit
- Stopping without cause in traffic lane
- Following too closely
- Drifting
- Tires on center or lane marker
- Braking erratically
- Driving into opposing or crossing traffic
- Signaling inconsistent with driving actions
- Slow response to traffic signals
- Stopping inappropriately
- Turning abruptly or illegally
- Accelerating or decelerating rapidly
- Headlights off
A skilled DUI defense attorney can highlight those areas where the defendant’s driving was actually consistent with sobriety. For example, using proper signals, turning normally, and parking properly are driving patterns that are consistent with sobriety, which can help rebut the evidence the prosecution will present. In addition, many cases involving drinking after driving, before the police contact the accused, are defensible.
Links for More Information
- Officer Observations / Field Sobriety Tests (FSTs)
- Chemical DUI Testing
- A DUI Arrest Does Not Mean You Are Guilty
- DUI Arrestees Have 10 Days
- Frequently Asked Questions Regarding DUI
- Penalty Chart For DUI In Ventura County (If Convicted)
There are many ways for an experienced attorney to whittle away at the trustworthiness of the prosecution’s evidence and prevent them from meeting their burden of proof beyond a reasonable doubt.
DUI Resource Links
Below are some recommended links and resources for DUI and Drunk Driving:
- Ventura County Superior Court
- California Department of Motor Vehicles
- Alcohol and Drug Rehabilitation Centers
- Blood Alcohol Level – How to Calculate
- Breathalyzers – How They Work
- Alcoholics Anonymous
- California Courts – Information and locations
- California Department of Motor Vehicles – DUI chart
- California State Bar
- National Highway Transportation Safety Association
