Ventura DUI Defense Lawyer Will Fight Your DUI Charge
As with the rest of the country, drivers 21 and up may not drive with a BAC of 0.08% or higher. The state of California has a zero tolerance policy for drivers under 21. It is illegal for them to drive with a BAC of even 0.01%. If you have been arrested for a DUI, regardless of age, contact a Ventura DUI defense lawyer immediately.
DUIs don’t only refer to alcohol. Medications can also result in a DUI conviction. You are not legally permitted to drive if you have consumed illegal drugs or any of the following:
- Excessive amounts of drugs with alcohol in them, such as cough syrup
- Prescription medication that alters your ability to operate a vehicle
- Over-the-counter medication that alters your ability to operate a vehicle
Drivers under the age of 21 are not permitted to have alcohol in the vehicle unless it is fully sealed, and unopened. Additionally, a parent or legal guardian must be present unless the driver works for someone with an off-site liquor license.
If you have been charged with a DUI in Ventura County, contact Ventura DUI Attorney at Rose Law APC for free consultation about your case.
Problems with Breath Machines In General
Proper breathalyzer testing involves a 20 minute observation period in which the driver must not eat, drink, vomit, belch, smoke, etc. as any of these activities can affect the result of the test. Further events that may affect the validity of the breathalyzer test include:
- A failure to calibrate to ambient temperature
- Holding in breath or hyperventilating
- Acid reflux
- A lapse in maintenance of the equipment
- A low-carbohydrate diet
Given the general problem and inefficiencies of breathalyzers, there are instances in which a DUI conviction is not really true. As such, having an experienced Ventura DUI defense lawyer by your side defending you can help lower your penalties.
Roadside Breath (PAS) Tests
A PAS, or preliminary alcohol screening, is a breathalyzer test given on a handheld device. If the driver is 21 years of age, not on probation, and is not under arrest, they may refuse to take a PAS test. Police are required by law to tell you that a roadside PAS test is optional, but they often present it as if it’s not a choice. This is because the results can be held against you in court. A post-arrest DUI breath test is usually given on a desktop device at a police station and is not optional unless blood testing is requested and available.
Refusal to take a post-arrest DUI chemical test may result in the following:
- A year or more of driver’s license suspension
- Enhanced penalties if convicted of a DUI
Everyone should be aware of their rights. If you have been arrested for a DUI, contact a Ventura DUI defense lawyer immediately for legal advice.
Rising Blood Alcohol
The process of being pulled over for a DUI can take a long time. Most people have experienced having their license taken back to the police car and run through the database and understand it can feel like a lifetime. During this period and the 20 minute observation period required before a breathalyzer test may validly be performed, an individual’s blood alcohol may rise. If a person took a drink just before they got in their car, the body is processing it as they drive. By the time the officer actually gets around to giving the driver the breathalyzer test, the alcohol content of that person’s blood may be significantly higher than when he or she was actually behind the wheel.
Acid Reflux and Breath Machines
Acid reflux and other related conditions, such as GERD and a hiatal hernia, cause acid from the stomach to be regurgitated back into the esophagus of the individual. This can cause a phenomenon called “mouth alcohol,” where alcohol that has already been consumed returns to the mouth, and thus breath, of the individual.
When taking a breathalyzer test during a DUI investigation, this condition can cause serious problems. An acid reflux flare-up can be difficult to detect by police at the scene and can skew the breathalyzer results. Though there is a 20 minute observation period during which the officers on the scene are to watch the driver to be sure he or she does not eat, drink, belch, or do anything else that could affect the breath test, they often are not watching too closely and may not be able to detect acid reflux even if they were.
For this reason, it is much preferable for a driver suspected of a DUI to submit to a blood test, which is not affected by acid reflux or GERD. Whatever situation you may have experienced when arrested, it’s imperative you consult with a skilled Ventura DUI defense lawyer at Rose Law APC.
Diabetes and Breath Tests
Individuals with diabetes may often enter a metabolic state called ketosis. This is when the body is burning fat for energy and produces a molecule called a ketone. Ketones are a waste product of the burning of fats that are excreted in the urine and the breath. A buildup of ketones can result in a very dangerous medical condition as well as symptoms similar to drunkenness, such as:
- Flushed face
- Frequent urination
- Dry mouth
- Decreased coordination
- Fruity-smelling breath that may be mistaken for alcohol
Additionally, high levels of ketones can fool a breathalyzer into detecting more alcohol that is actually present in a person’s blood, as the molecule is similar to alcohol in molecular structure.
Additionally, diabetic individuals may suffer from hypoglycemia when their blood sugar gets too low. Blood sugar can reach significantly low levels if the person skips a meal, takes too much insulin, of exercises excessively. The symptoms of hypoglycemia can be very similar to that of drunkenness, including:
- Slurred speech
As you can see, there are many variables and factors that go into play when someone is arrested for drunk driving. Regardless of your situation, having an experienced Ventura DUI defense lawyer can make all the difference in how your case is handled.
Call a Ventura DUI Defense Lawyer for Your Legal Needs
Getting arrested for a DUI can have serious repercussions on your life. At Rose Law APC, we understand how the legal system works and what defenses can be used. You can trust our team with any situation you may be in. Call us to learn how a Ventura DUI defense lawyer can help you get the best outcomes for your case.