The charge of Driving Under the Influence under Vehicle Code Section 23152(a) or (b) requires one of two things: that, at the time you are driving, you are either (1 ) driving while your ability to drive is impaired or (2) driving with .08% or greater blood alcohol content. For the offense of driving while your ability to drive is impaired under VC 23152(a), a blood alcohol test of .08% is not required ({although it is an important piece of evidence in your case). Even if you are tested at a level lower than .08%, you can be charged with DUI- impaired driving if there is other evidence which the officer believes supports impairment.

Common evidence of impairment is found by officers in four different areas: ( 1 ) the observed driving pattern, ( 2 ) observed symptoms, ( 3 ) the alleged results of roadside exercises labeled “field sobriety tests” by law enforcement, and ( 4 ) the preliminary alcohol screening (PAS) and final breath test result.       To the extent that you answer the officers questions as to how much you had to drink, when your last drink was, and what you had to drink, you also provide information which can bolster the case against you.

Your DUI Defense in Santa Barbara or Ventura County

When it comes to your DUI Defense, we look first at the observed driving. Were you stopped for a common traffic infraction such as speeding which does not in itself indicate impairment or for a driving pattern such as weaving which could suggest impairment? Even in a situation where you are stopped for a mere traffic infraction, your stop can quickly escalate into an investigation for possible DUI if the officer believes he observes some of the common symptoms he is trained to look for in DUI investigations, such as red watery eyes, an odor of alcohol, or speech which he believes is impaired. None of these symptoms, in and of themselves or taken together, prove that a driver is, at that moment, driving while impaired or driving with .08% BAC (blood alcohol content). Similarly,

When it comes to “field sobriety tests” the label itself is misleading, as these exercises are not objective “tests” or reliable indicators of impairment for a number of reasons. They are usually attempted under the most difficult of conditions, often by the side of the road, in poor lighting and/ or late at night, on an uneven surface and in footwear that could further compromise the results. Further, every person naturally has a different ability to perform these exercises, even with no alcohol in his or her system. Without the officer knowing how an individual would perform with no alcohol in his or her system, there is no “baseline performance” for comparison. In addition, the results of some of these “tests” can also be compromised by the errors or inattention of the officer administering the exercise.  Some of the “tests” approved by the National Highway Traffic Safety Administration (NHTSA) and given by law enforcement agencies have proven error rates of 1/3. In other words, they will incorrectly identify one in every three drivers as being either impaired or having a BAC above the legal limit.  

Similarly, the results of either a breath or a blood test are open to question. There are a number of issues in the area of test results, including drinking pattern defenses, potential sample contamination/ preservation issues, whether the machine is erroneously reading mouth alcohol or interfering substances as opposed to alcohol in your system, the margin for error that affects every test result, and potential problems with the machine itself. A forensic toxicology specialist, often with extensive experience as a scientist in law enforcement agency crime labs, can provide the detailed insight you need into the scientific issues in your case, from critically examining the machine itself, to evaluating drinking pattern defenses such as “rising blood alcohol”, to exposing issues with your breath or blood test result, to dismantling the field sobriety “test” results.

Your DUI Lawyer in Santa Barbara or Ventura County

At the Law Office of Jennifer Zide, we partner with an experienced forensic toxicology specialist to evaluate all the scientific issues in your DUI case. We thoroughly review the unique facts of your case, guide you through the court process and the legal issues, and make sure you get the best defense possible. Depending on your goals, we work to give you the most effective defense at trial, to get your charges reduced, or to get you the reduced sentence you deserve.  We do what it takes to ease the burden imposed on you by a DUI charge in Santa Barbara or Ventura County. Through expert investigation, scientific defense, and unrelenting, impassioned advocacy, we have been able to get clients excellent results including: