I have a DUI in Van Nuys with .08 BAC Should I fight it?

DUI in Van Nuys with a .08 BAC

Question:  I have a DUI in Van Nuys, CA with 0.08 BAC Should I fight it?  I was arrested on the 405 freeway.  The officer never told me why I was pulled over though, and I didn’t think to ask at the time.  Not sure why I was pulled over.  I was really nervous when I saw the lights on and didn’t think that in may be important at the time.  I had a couple of drinks before driving, but I weigh almost 200 pounds and don’t think I was at that high.  I also don’t think I was under the influence at all.  The officer asked me if I had been drinking and I told him that I was.  Did field sorbriety tests.

Also, I have no other DUI’s or any other convictions.  I have a speeding ticket from about 8 years ago.  It was a regular speeding ticket that was 1 point on my DMV record.  How will that play out in this case?

Answer: This definitely sounds like a case worth fighting. There are a lot of potential defenses that mac include the marginal BAC for starters, margin of error with the Breath machine, GERD (if that is applicable to you), Rising alcohol argument etc.  Further, while in the absorption period, the breath machines can read inaccurately high, in some cases up to twice or more of the subjects actual Blood Alcohol Content level.

Also, the officer needs (…or should be required) to have probable cause to pull you over in the first place.  CHP patrol vehicles are usually equipped with Video camera’s which can be helpful in establishing that the officer lacked probable cause to pull over the subject vehicle.  IF that can be established, the charges can be completely dismissed without even getting into the .08 BAC issue.

To answer your other question, the infraction speeding ticket from 8 years ago will not have any effect on your current DUI case.

Call me at 818-336-1384 to discuss your DUI case further. I regularly get DUI charges in Van Nuys similar to this and have a strong track record getting charges dismissed.  In the meantime, click on the following link for more information on DUI’s: DUI Info



Phil Hache
DUI & Criminal Defense Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks