Your DUI Arrest in Ventura
When you are first stopped for a DUI in Ventura, the officer will either stop you based on something called reasonable suspicion to believe you are driving under the influence or with an illegal blood alcohol level or the officer will stop you for a traffic infraction. This reasonable suspicion must be based on specific and articulable facts that the officer can explain that supported his belief that you were then under the influence or driving with an excessive blood alcohol level. It can never be based merely on an officers hunch, his feeling about a specific car or driver, or a persons appearance. In a DUI stop, this reasonable suspicion is often obtained through observing a driving pattern that leads the officer to suspect, based on specific and articulable facts, that the person may be either driving under the influence or driving with .08% or greater blood alcohol level. For a charge of driving under the influence in Ventura County, it must be shown that your ability to drive was, at the time of driving, actually impaired. For a charge of driving with .08% or greater blood alcohol level in Ventura County, no actual impairment is required; the crime is committed merely by driving with a blood alcohol level that is allegedly in excess of the legal limit. A stop can also be justified if an officer observes you committing a traffic infraction, such as speeding. Even in the case of a traffic infraction, the officer often uses his contact with you to attempt to make observations as to your condition and to gather information which can then be used to develop a Ventura DUI case against you.
After the stop, the officer will attempt to build up information to use against you in a DUI in Ventura. He will ask you to provide information, submit to tests including field sobriety tests, and provide a breath sample for a preliminary alcohol screening test. After the officer has gathered information against you which he believes rises to the level of probable cause to believe that you are driving either under the influence in Ventura county or driving with an illegal blood alcohol level in Ventura County, he will arrest you and ask that you submit to a final breath or blood test. You can refuse this test. However, if you choose to do so, the DMV will suspend your license for one year and evidence of your alleged refusal can be used against you in court.
Your DUI Tests In Ventura
In addition to the information and observations obtained by the officer in your DUI in Ventura, the officer will require you to submit to field sobriety tests which are designed to gauge your alleged level of impairment and a preliminary alcohol screening breath test which is intended to evaluate your blood alcohol level.
Although field sobriety tests are presented as reliable and scientific indicators of a drivers state of intoxication, they are in fact open to errors in both the administration and interpretation of the tests. These errors mean that the results are not in fact accurate indicators of either excessive blood alcohol level or state of intoxication. As with the field sobriety tests, the breath and blood tests are open to errors ranging from inability to separate out other substances (so-called interfering substances) that may falsely register as alcohol, inability to detect mouth alcohol and to distinguish that from alcohol found in a persons blood, problems with calibration and maintenance of the devices, margin for error, operator error, and potential contamination/ degradation issues. All these issues call into question the validity of the field sobriety tests, the preliminary alcohol screening test, and the final breath or blood tests as reliable or accurate indicators of either blood alcohol level or impairment when used against you in your Ventura DUI.
At the Law Office of Jennifer Zide, we are committed to fully analyzing your Ventura DUI and exploring all the issues involved in your case and your alleged test results. We retain an experienced forensic toxicology expert to fully evaluate all the potential issues involved with your breath or blood sample. We are committed to protecting your rights and making sure that you have the best defense possible when you are charged with a DUI in Ventura.
Your DUI Attorney Ventura
At the Law Office of Jennifer Zide, we are YOUR DUI attorney Ventura. REMEMBER: YOU ARE IN THE DRIVERS SEAT. At the Law Office of Jennifer Zide, we are on your side helping you navigate the Ventura DUI system and get the best possible results in your Ventura DUI! Call us today at 805-477-0327 to discuss the details of your Ventura DUI case and all your options.
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