Consult with Sanford & Christy Horowitz, experienced DUI defense attorneys in Santa Barbara, CA
You thought you could handle one more drink, but the next thing you remember is seeing blue lights in your mirror. A DUI charge could result in a variety of penalties, including:
- Jail time
- Loss of driving privileges
- A criminal record
- Mandatory installation of an ignition interlock device (IID)
- Community service
- Substantial fines and costs
It can also affect your ability to gain employment or a place to live. Sanford & Christy Horowitz Criminal Defense has the experience you want when it comes to DUI defense. Call 805-452-7214 today to schedule a consultation about your DUI case in Santa Barbara, CA.
We’ll fight for the best outcome in your case
Our main goal when meeting with you is to help you understand the charges you face. We want you to become more aware of what your rights are under the law. By hearing about the circumstances surrounding your arrest, we can determine if there were any illegal police actions, such as an illegal road stop or lack of probable cause. From there, we’ll determine the best defense for your case. Contact Sanford & Christy Horowitz Criminal Defense today to hire a criminal defense attorney to fight your DUI charge in Santa Barbara, CA.
Understanding the DUI Process in Santa Barbara
At some point, the officer probably will ask you to participate in field sobriety tests (FSTs) and to submit to a portable breath test. These preliminary forms of alcohol or drug screening are administered to support probable cause for a DUI arrest. A driver is not obligated to submit to either of these forms of screening, so it is usually not in your interest to do so unless you have not ingested any drugs or alcohol. While the officer might still arrest you for DUI, you will have limited the evidence available to the prosecutor. Consequently, it is important to understand the penalties of refusing formal chemical testing under VC Section 23612. A refusal following a lawful arrest will result in additional penalties, depending on previous offenses. For a first offense, these additional penalties include: 2 extra days in jail, an administrative license suspension of one year, and nine months in DUI school. A prosecutor may also comment on the refusal as consciousness of guilt and continue to pursue a criminal case based on the officer’s observations.
DUI Defense Based on Proven Strategies
– Exposing an Improper Stop: If the officer does not have sufficient basis for the initial stop, Horowitz Law will seek to suppress all evidence obtained following the stop.
– Demonstrating Unreliability of FSTs: Even when conducted, demonstrated and scored perfectly, FSTs can be fairly inaccurate. Further, many officers lack sufficient training and experience in administering these highly subjective tests. FSTs also are as likely to
reveal injury, illness, obesity or lack of coordination as alcohol impairment. Horowitz Law attorneys have the same training police officers receive in FST’s and make sure a jury understands the inherent unreliability of FSTs.
– Failure to Observe Mandatory Waiting Period: When a police officer administers a breath test, the officer is required to observe a 15-minute continuous observation period. This waiting period is to mitigate the risk of an inaccurate breath test because of mouth alcohol. While the officer is supposed to carefully watch for belching or other factors that could interfere with an accurate result, many officers take this time to write reports or handle other tasks.
– Rising Blood Alcohol Defense: A driver can be convicted while operating a motor vehicle with a BAC of .08 percent or higher. Depending on when a driver consumed alcohol and the delay before administering a formal breath or blood test, an individual’s BAC can rise over the legal limit after the stop.
– Challenging Breath Test Results: There are many factors that can compromise the accuracy of a breath test, including low-carb diets, diabetes, mouthwash, gender, improper calibration of the device and other factors. The attorneys at Horowitz Law carefully investigate chemical testing procedures and results that compromise the test’s
accuracy or reliability.