DUIs are unique among California misdemeanors in how expensive and disruptive a conviction can be on someone’s life. Even a first time conviction can result in fines over $2000, mandatory alcohol education, jail time, and a suspension of one’s driver’s license. As a collateral consequence, insurance companies penalize those convicted of DUI with significantly higher insurance rates for years following the conviction. Subsequent convictions within a ten-year time period escalate both the length of jail time imposed and the length of the mandatory education classes.
Santa Barbara DUI lawyer Hogan Ganschow Knows How to Beat a DUI Charge
In order to prove a charge of DUI, the prosecutor does not need to prove that you actually drove poorly or even committed a traffic violation and if you are charged with DUI alcohol, the prosecutor only needs to prove that your blood alcohol concentration was at or above .08 grams per 100 milliliters of blood at the time of driving, not that you were in fact under the influence.
So how do you beat a DUI when all the rules are set up to help the prosecutor get a conviction?
Each case presents different opportunities to challenge the evidence and show that the prosecutor’s case isn’t as strong as it seems on paper. As with any case, the evidence in a DUI case is only as good and reliable as the law enforcement officers who gathered it, and even a slight deviation from the proper procedures can topple the prosecutor’s case like a house of cards. Knowing how to challenge the field sobriety tests, the chemical tests, and eyewitness evidence is a skill that comes with lots of study and practice.
Mr. Ganschow has won DUI cases in Santa Barbara and Ventura Counties using the following strategies:
- filing a motion to get the evidence of driving thrown out
- filing a motion to get the blood and breath evidence thrown out
- filing a motion to get the field sobriety test evidence thrown out
- creating reasonable doubt at trial that the defendant was driving
- creating reasonable doubt at trial as to the accuracy of chemical test results
- creating reasonable doubt at trial that the defendant was impaired while driving
- creating reasonable doubt at trial that the chemical test results are a reliable indicator of the condition of the defendant at the time of driving
- creating reasonable doubt that the scientific studies relied on by the prosecution are, in fact, reliable
If you have been charged with DUI, you need an attorney that understands that there is almost always the opportunity to find reasonable doubt. If you have been charged with a DUI where drugs or cannabis intoxication is alleged, you need an attorney who understands how to challenge the studies that the prosecution’s expert will rely on at trial. Even if you don’t think you have a defense, it can’t hurt to get a free consultation from an experienced attorney. Call Mr. Ganschow today at (805) 966-0812.