Schwartz & Powell

VPD Arrests Four at DUI Checkpoint: Friday Night In Jail

by Steven D. Powell Attorney at Law



Four motorists went to jail this last Friday night on charges of driving under the influence with Blood Alcohol Concentration breath tests of .14, .11, .08 and one on probation for DUI with a BAC of .07.  All of these motorists were arrested at a DUI checkpoint on Eastbound Thompson Blvd. at Sanjon Drive between the hours of 8:30 p.m. to 2:30 p.m.

DUI defense requires knowledge and training your ordinary family lawyer may not have.  For example, the validity of BAC tests is not necessarily shown by the results shown on breath testing devices. These individuals need the services of the best Ventura criminal defense lawyer they can find. 

Breath testing devices are every bit as susceptible to mechanical malfunction as any other machine.  Even the manufacturers of the machines acknowledge there may be a .02 variance between the stated test results and the suspect’s actual Blood Alcohol Concentration.  That means what looks like an .08 BAC test result very well could be an .06 blood alcohol, well within the legal limit.  Some people believe the breath testing results are inherently suspect so that only an actual blood test should be used as evidence of BAC.

There are many other issues regarding breath testing results that need be examined before arriving at any mature conclusion—let alone proof beyond a reasonable doubt—that any given test is accurate and fair. The proof of the accuracy of blood alcohol breath testing depends on the testimony of expert witnesses and expert witness opinions frequently if not almost always differ.  Just because the State says so doesn’t make it true. 

For many years the Ventura County Law Partnership of Schwartz & Powell has successfully defended DUI charges and cases turning on issues of intoxication.  If you or a family member need representation for DUI  or any alcohol related charges contact Schwartz & Powell.