Myth #1: It is illegal to drink and drive.:The Truth: It is NOT illegal to drink and then drive in California. It IS illegal to drive a vehicle while “under the influence” of alcohol and/or drugs (Vehicle Code 23152(a)). It is also illegal to drive a vehicle while having a blood alcohol concentration of .08 percent or more. (Vehicle Code 23152(b)).
Being”under the influence” is a legal conclusion that the government must prove with reliable evidence. Driving with a “blood alcohol concentration of .08 percent or more” is also a legal conclusion that the government must prove with reliable evidence.
However – because the real world is not “CSI” – often times the government’s “evidence” is not reliable because of errors and sloppy work.
Remember, it is always the government’s burden to prove guilt beyond a reasonable doubt in any criminal case. Reasonable doubt arises when an arresting officer fails to follow proper procedures when having a driver perform field sobriety tests; reasonable doubt arises when chemical test procedures are not followed; reasonable doubt arises when the chemical test analysis process is flawed, resulting in unreliable results.
Myth #2: Nothing can be done to defend against a DUI charge.
The Truth: DUI cases are NOT “open and shut.” Although DUI cases are complex, they are very defensible. That is why it is essential to have an expert DUI defense attorney represent you to protect your rights, preserve your driving privileges, analyze the DUI investigation, as well as the chemical analysis process.
Although it is the government’s burden to prove your guilt, it is your burden to defend yourself.
Attorney Manuel J. Barba is an expert in DUI defense and has the expertise to defend your DUI case. Defending people accused of DUI is the only type of case that the Law Offices of Manuel J. Barba handles. Period.
Myth #3: Alcohol tests (breath and blood) are always accurate.
The Truth: Breath testing and Blood testing are both very complex procedures. It is not as simple as just blowing into a machine or having a blood sample taken from a driver.
The science of breath alcohol testing and blood alcohol analysis are very complex; there are many factors that affect the accuracy of the results of both tests.
Many lawyers that pretend to defend people accused of DUI do not have the knowledge and expertise to challenge the test results; they simply plead their clients guilty in court.
DUI Defense Attorney Manuel J. Barba is an expert in the science of breath alcohol testing and blood alcohol analysis. It is essential to have a defense attorney that is an expert in the field to represent you and protect your rights.
Call DUI Defense Attorney Manuel J. Barba today at (760) 770-3377 to discuss your DUI case.