California DUI Attorneys Call Toll Free 1-877-212-2090
If you or a loved one has been arrested for DUI in Lancaster California Matthew can help. First, understand that a drunk driving case is not like a regular ticket in that you will not receive a courtesy notice in the mail. The paperwork you got when you were released has the Court date in the Antelope Valley Courthouse and that is all the notice you will be given. The good news is Matthew has over 25 years experience fighting DWI and can help you in your case.
Many DUI cases in Lancaster are by the CHP, however a fair number of arrests come from LASD. Our firm knows the way both agencies are trained and where the weaknesses are in their cases. For example, with field sobriety tests there are a myriad of ways to challenge the conclusion the officer makes after completion of the tests.
If you have been arrested for a DUI in Lancaster California call Matt Direct at 310-686-1533 for a discreet consultation about your options and an attorney viewpoint about your case. Surprisingly, California laws allow for those accused of drunk driving to challenge the breath or blood results by showing the testing was not accomplished in a manner approved by regulatory requirements. For example, if it can be shown that the officer failed to follow any of the written protocol set forth in Title 17 of the California Code of Regulations then a jury instruction is warranted advising the jurors that they may disregard the test result. In one recent case Matt convinced the jury his client was innocent by proving the arresting officer failed to proper observe his client continuously for 15 minutes prior to administration of the breathalyzer. If you are looking for a Lancaster DUI Lawyer call Matt today.
When done correctly breath testing can be a moderately accurate method to measure BAC in drunk driving cases. The major problem is there is a wide variation of error rates based on a number of reasons. The principal cause of error in breath testing is administration error meaning the officer fails to perform the necessary steps to ensure a reliable sample is collected. For example, California law requires the officer to continuously observe the subject for a minimum of 15 minutes prior to sample collection in order to rule out potential mouth alcohol contamination from a belch, burp or hiccup. This vital step is very often omitted and it can cause unreliable test results.
Interestingly, people with certain esophageal diseases such as GERD and chronic heart may not be good candidates for breath testing according to experts in the scientific community. The issue relates to the backward flow of stomach contents up into the throat which can be confused as coming from the deep recesses of the lungs where the sample is intended to be taken. In one case Matt obtained a not guilty at trial by showing his client fell into that category and his .15 BAC on the breath machine was faulty. Call Top Lancaster DUI Attorney Matt Ruff if you believe your breath results were not a proper reflection of your true blood alcohol level.