DUI Defense in Ventura County since 1976
At the Law Offices of Steve Pell in Ventura we’ve had numerous jury trials where we’ve had not guilty verdicts in DUI cases. We’ve handled DUI charges in Ventura County since 1976 and genuinely enjoy helping our clients avoid DUI convictions. Law enforcement in Ventura County strictly enforces DUI and makes concentrated efforts to patrol roads during peak DUI days, times, events, and holidays.
As an expert in DUI defense, we’ve tried cases which have helped to shape California State Laws pertaining to DUI and the use of BAC. This long history of DUI defense and close association with DUI experts allows our firm to expertly defend you with an advanced knowledge of DUI law.
There are three parts to a Driving Under the Influence (DUI) case.
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The alcohol level results.
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Alcohol level tests are performed on individuals arrested on DUI charges to determine the ratio of blood to alcohol (also knows as blood alcohol level, blood alcohol concentration, BAC, and Blood Alcohol Content). A person operating a motor vehicle with a BAC 8% or greater are considered to be Driving Under the Influence (DUI). For cases in which the BAC is very close to the 8% we’ll often seek the assistance of a specialist to help with your case.
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Alcohol level tests used to evaluate possible DUI may be performed using either a breath sample or a blood sample.
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DUI breath tests attempt to determine BAC according to the amount of alcohol found in air exhaled from the lungs. DUI breath tests are considered less accurate than blood tests because of the potential for interferences which may obscure test results.
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DUI blood tests use a blood sample to measure BAC. DUI blood tests can also be inaccurate or provide false results if they are improperly extracted or stored.
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If outside factors are determined to have obscured your test results it may be possible to have your case dismissed on the grounds of improper blood alcohol content testing.
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The driving pattern.
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Great effort and research has been made by government and law enforcement to determine warning signs of drunk driving as indicated by a person’s driving pattern. An arresting officer will typically attend a DUI case to provide testimony regarding the driving pattern which either caused the officer to stop you or suspect a possible DUI. You will often be cited any moving violations in addition to the DUI charges. Law enforcement officers have been well trained in how to identify these driving patterns which include:
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Abrupt acceleration of braking
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Driving significantly slower than the posted speed limit
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Driving without headlights after dark
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Inability to remain within lane lines
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Sudden weaving, swerving, turning, and lane changing
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Speeding is NOT identified as a driving pattern consistent with DUI
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The field sobriety tests (FST’s).
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These are tasks which an officer may ask you to perform in an attempt to assess or determine your sobriety according to your ability to perform the task or test to the officers satisfaction.
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Field sobriety tests – although developed by the NHTSA – are often criticized for their reliance on the arresting officer’s ability to score and objectively interpret your test performance according to specific guidelines.
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There are several variables in how the tests are conducted which could be grounds for dismissal of the case against you.
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How we use Indications and Tests in your DUI case
By meticulously analyzing each aspect of your field test, arrest, and BAC, we’ll determine if any mishandling or misinterpretation has occurred during your DUI arrest and (if applicable) use that information to reduce or remove the charges brought against you. We address every aspect of the DUI case against and attempt to identify areas of the DUI which will cause the case to be dismissed, either because of improper testing, non-conclusive results, or other factors not consistent with a successful DUI conviction.
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Following a DUI arrest, a DMV hearing may be requested separate from the criminal trial.
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The DMV hearing is used to determine if your driver’s license will be suspended. Based on the circumstances surrounding your case and the criminal court’s findings the DMV may allow you to retain your driver’s license if it determines that the court’s decision equates to an acquittal of charges.
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Even if we’ve represented you at your DUI criminal trial, you aren’t required to have us represent you at your DMV hearing.
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Factors such as the courts initial charges, reduction of charges, and final decision may all affect the possible outcome of your DMV hearing. For this reason, we recommend that you retain us for any DMV hearing so that we may assist you in achieving the best possible outcome.
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In some instances, the DMV decision may occur independently of the criminal court. In other words, you may be found guilty of charges in criminal court but retain your driver’s license (depending on the criminal court’s charges), or you may have some charges dropped or reduced in criminal court but still have your license suspended.
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We recommend you consult with us to discuss each possible scenario. Based on the information we gather during our interviewing process we’ll be able to properly represent you during your DMV hearing.
Regardless of the circumstances surrounding your DUI case, without legal counsel having great experience in DUI cases obtaining the best possible result may not be possible. Ventura County law enforcement [http://www.vcsd.org/] carefully patrols for DUI and Ventura legislators have implemented strict policies regarding DUI offenses.