DUI Defense Strategies
We Provide Effective DUI Defense in Ventura!
At Wilfert Law, P.C., our Ventura DUI lawyer has been fighting aggressively for to protect the rights of all those who have been arrested for driving under the influence (DUI). As former law enforcement professionals, we understand the many tactics that officers use to arrest someone for drunk driving. Our goal is to protect your rights and your future from being ruined due to a DUI charge.
If you have any questions about what the next steps to take are in your DUI case, please contact our Ventura DUI lawyer as soon as possible!
Put Experience in Your Corner
We know that criminal matters may not always be straightforward, but we can keep our clients informed about the laws and what options they have moving forward. Just because you are arrested, it does not automatically equate to guilt.
Immediately after being arrested, you will have a hearing to petition to have your license reinstated. This is a separate process from the criminal justice system, as it is handled exclusively by the DMV. However, your Ventura DUI lawyer can assist you through every phase of the process. If your DMV hearing is successful, you retain the privilege of driving. However, note that if convicted, this can also lead to an automatic license suspension.
Common DUI Defense Strategies
Defending DUI cases is most effective by locating the weaknesses in the evidence and various other points of contention.
Here are some of the other ways having a good attorney assists your case:
Improper stop by law enforcement
According to the U.S. Constitution, police are not allowed to stop or pull over private citizens without establishing “reasonable suspicion.” In other words, law enforcement officers must have more than a hunch that specific person is committing or has committed a crime. So if you were obeying the speed limit and all traffic laws, and didn't do anything out of the ordinary such as swerving, it may be possible to assert that police did not have reasonable suspicion to pull you over, and any evidence gained thereafter is inadmissible in court.
Objective symptoms of intoxication do not mean drunk driving.
The prosecution may use the defendant's physical symptoms of intoxication to argue that you were under the influence. Signs include reddened eyes, slurred speech, or an “unsteady gait.” A knowledgeable DUI attorney can defend you by addressing the “innocent” explanations that could have led to those signs, such as allergies, fatigue, or eye irritation.
Field sobriety tests are not accurate.
If the prosecution's evidence includes the results of field sobriety tests (FSTs), you and your lawyer may be able to challenge those results. Police officers are required to administer and grade FSTs according to certain guidelines outlined by the National Highway Traffic Safety Administration. An FST that is improperly administered or inadequately graded can be challenged in DUI court.
The police officer failed to conduct a proper 15-minute observation period.
The arresting officer is required to observe you for 15 complete minutes before administering a DUI breath test. However, many officers do not actually observe during this time. Rather, they fill out paperwork or set up the breath test device. Demonstrating that the officer failed to properly conduct the observation calls into question not only the breath test results, but the entire case.
Improper blood testing and storage of blood samples.
Police must first arrange for a proper blood-alcohol analysis by a trained and licensed phlebotomist following an arrest. Prolonged wait times or inadequate testing by an untrained laboratory technician could be potential defenses against blood test results. Furthermore, law enforcement is required to ensure that blood samples are maintained in a proper manner after testing to avoid contamination, fermentation, or mislabeling. If the integrity of the sample is questioned, it could be inadmissible in court.
Fight DUI Charges Now—Call Us!
It would be a mistake to think that the criminal justice system is too much of a mountain to climb and do not want to bother with an attorney for any number of reasons. That is when it becomes all the more important to retain legal representation. We offer aggressive, tenacious, and hard-hitting defense for those who might be facing serious DUI charges.
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