Ventura DUI Defense Attorney

Driving under the influence (DUI) of drugs or alcohol in Ventura County is a criminal act prosecuted through the criminal justice system, rather than through traffic court or the DMV. A record of your DUI persists for ten years and the penalties for those convicted of one or more DUIs in a decade can be quite severe.

Once you are stopped for suspected drunk driving, a police officer measures your “BAC” or blood alcohol content through breath, urine, or blood tests. Failure to submit to a test after you are arrested can have penalties. The legal limit for most drivers is .08% BAC. The legal limits are more stringent for commercial drivers and drivers under 21 years of age.

Even if you don’t meet the legal limit to be charged with a DUI, you can still be charged with reckless driving in Ventura. The District Attorney will charge a high blood alcohol allegation if a defendant’s blood alcohol level is .15 percent or greater. Such a charge will bring you increased penalties such as a longer DUI program and a longer jail sentence. If you have been charged with a DUI in Ventura County, contact Ventura DUI lawyer at Rose Law APC for free consultation about your case.

Ventura County DUI Convictions Are Expensive

Drivers in Ventura County who face a first-time DUI charge have the potential to receive several harsh criminal penalties. A driver convicted for the first time of a DUI may receive a 30-day to 10-month suspension of driving privileges.

First offenders convicted of misdemeanor DUIs face the following:

  • fines that run from $390-$1,000;
  • jail time from 4 days up to 6 months;
  • a requirement of participation in a first-offender DUI program;
  • and a license conditioned on IID installation
  • these consequences are more severe if you also injured someone while driving under the influence of alcohol.

If these penalties do not deter them, second and third offenders face even harsher penalties than first time offenders do.

A second offender has the following potential punishments:

  • revocation of driver’s license for one to two years;
  • 90 days to one year in jails;
  • fines of $390- $1000.

The sentencing of third-time offenders may include:

  • 120 days-1 year jail time;
  • fines of $390-$1,000;
  • mandated 18 or 30-month program;
  • revocation of driver’s license for 3 years.

Ventura DUI Defense Attorney

An Experienced Ventura DUI Defense Attorney Can Help

If you have been arrested and charged for DUI or an alcohol-related offense, contact a Ventura DUI defense lawyer at Rose Law APC today. Never sign a waiver or give a written statement without consulting an attorney first. You should have an experienced advocate at your side from the beginning. Rose Law APC will protect your rights and ensure that no unlawfully obtained evidence can be used against you. We have challenged numerous blood, urine, and breath tests and had the results thrown out. Our track record shows strong success in having many DUI charges dismissed or diminished so that you can drive again.

Whether you are a first-time or repeat offender, we are dedicated to defending your rights and helping you get back on your feet. For a confidential consultation, call (805) 512-9510 or contact us online.

Breathalyzers Measure BAC

Breath tests are the most popular means of testing blood alcohol concentration (BAC) or grams of alcohol per 210 liters of breath. The legal limits for BAC in California are:

  • 0.08% or above for most drivers
  • 0.04% for commercial driver license (CDL) holders
  • 0.01% for underage drivers (younger than 21) and motorists on probation for DUI

Remember that DUI charges are not based on how drunk or intoxicated you feel, but by any impairment caused by consumption of alcohol or drugs. Even a small sip of alcohol or minor side effect of medication could impair your reaction time, leading to a DUI arrest.

Driving While Impaired by Drugs

Officers may also pull over drivers they suspect are on drugs. Driving under the influence of any medication, even if legal, is a crime. Drugs that can affect your ability to operate a car include:

  • Cough syrup, Nyquil
  • Narcotics, anticonvulsants
  • Medical marijuana and edibles
  • Prescription anxiety medication
  • Herbal relaxation, sleep remedies
  • Over-the-counter allergy medication

Drivers who are suspected of operating a motor vehicle while under the influence of drugs may have to undergo a more intrusive blood or urine test. Having a prescription for medicine or medical marijuana license is not a defense to DUI.

DMV Hearings

California Department of Motor Vehicles, Administrative hearing, and the criminal court are independent entities, and actions taken by the criminal court are separate from actions taken by the DMV. A DMV Administrative hearing allows a person that received notification of an action taken against their driving privilege to contest the action.

Motorists charged with for example, a DUI, driving under the influence of drugs, or reckless driving generally receive such notifications from the DMV. If you have received a notice from the DMV of actions taken against your driving privileges and you wish to contest the judgement, you must request an administrative hearing within 10 days of receiving personal service or 14 days from the date the DMV notice is mailed. If you do not make the request within this time period, your right to a hearing is forfeited.
At the hearing, you have the right to:

  • Be represented by an attorney or other representative, at your own expense.
  • Review the evidence and cross examine the testimony of any witness for DMV.
  • Testify on your own behalf.
  • Cross–examine opposing witnesses.
  • Subpoena witnesses and/or documents.
  • Introduce evidence on your behalf.
  • A full and fair consideration of the facts by an impartial person.
  • A Department Review and/or judicial appeal of any adverse decision.

Additionally, though you may review the evidence regarding your case, known as discovery, you must call to request or submit a written request to review and obtain a copy of DMV’s evidence at least 10 days prior to the date of your hearing. It is recommended that you speak with an experienced criminal defense attorney regarding your case. An experienced criminal defense attorney may limit the consequences set forth by the DMV.

The California DMV Administrative hearing officer will present the departments case. The officer is responsible for both evaluating the evidence against you and is the judge, meaning he or she decides who wins the case. Even though the hearing officer has little or no legal training, they are permitted by law to have the dual role, established by Vinson v. Snyder 75 Cal.App.4th 182, 89 Cal.Rptr.2d 44 (5th Dist.1999).

An experienced criminal defense attorney may successfully argue the evidence that the arresting officer had, is insufficient to prove your guilt. For example, say you were charged with a DUI and your blood alcohol level was below a .08, the legal limit, you cannot lawfully be convicted of a DUI by the hearing officer. The hearing officer must prove by a preponderance of evidence that you are guilty, but having a BAC below a .08 is lawful, and thus the officer cannot rule that you are guilty.

There are many defense strategies that an experienced DUI or DWI attorney may utilize to protect your legal rights. If you have received a notification from the DMV of an action taken against your driving privilege, contact our office today. We will contest the action, and limit the repercussions set forth by the DMV. The initial consultation is free. Get your question and concerns resolved, call now.

Appearance & Demeanor

It is most universally accepted that the indicators of intoxication are fatally flawed because sober individuals can be characterized as drunk drivers. According to legislative findings, there are approximately 60 pathological conditions that exhibit symptoms of alcohol consumption, despite the lack of alcohol being present. Alcohol symptoms may be the product of illness or medication, insulin overdose or deficiency, nervous system injuries, concussions, or hypoglycemia. Nevertheless, officers are adamant that their observations conclusively prove intoxication.

The following is a list of the most frequently cited activities that indicate intoxicated behavior:

  • Odor of alcohol
  • Fumbling with wallet
  • Bloodshot, watery, or glassy eyes
  • Slurred or thick speech
  • Flushed complexion
  • Staggering or stumbling
  • Clothing in disarray or poor grooming
  • Rambling or despondent

To rebut this evidence, it is important to give a reasonable explanation for the “intoxicated” behavior. Since each indicator of intoxication can be refuted with legitimate sober behavior, the defendant can create reasonable doubt to gain an acquittal.

If You Need Help Challenging a DUI Charge in Ventura County, contact the DUI Lawyers at Rose Law APC.

The penalties for a DUI can be severe.

Rose Law APC can help you fight a DUI charge. We have extensive experience handling criminal defense cases, and we have helped many clients get DUI charges dropped or reduced based on faulty tests, improper procedures, unlawfully acquired evidence, and many other reasons. For a confidential consultation, call Rose Law APC at our Ventura, CA office at (415) 946-4020.

Hire an Experienced Ventura DUI Defense Attorney

When someone is injured as a result of a DUI or in the case of felony DUIs, all of the foregoing penalties are increased. Someone convicted of a felony DUI with an injury may face 16 months to 10 years in prison. They will also receive a sentence based on how many people they injured and how badly. This additional sentence can range between $1015-5000 in fines, mandatory treatment in an alcohol or drug program, habitual traffic offender status for three years, and payment of restitution to anybody they injured.

On top of criminal penalties assessed at sentencing, people who are convicted of a DUI must also pay court fees and DMV fees. Their records last a decade. This means that if you are arrested for a DUI, and you were convicted of one or more DUIs within the last 10 years, you face charges as a second or third-time offender. Under these circumstances where the stakes for a conviction are so high, if you are charged with drunk driving, you need the best attorneys on your side. Hire an experienced and accomplished Ventura DUI defense attorney to mount a vigorous defense.

If You Need Help Challenging a DUI Charge in Ventura, CA contact the DUI Attorneys at Rose Law APC.

As described above, the penalties for a DUI can be severe, but the Ventura DUI Defense Attorneys at Rose Law APC can help you fight a DUI charge. As experienced criminal defense attorneys, we have helped many clients get their DUI charges dropped or reduced based on faulty tests, improper procedures, unlawfully acquired evidence, and many other reasons.

For a confidential consultation, call us at our Ventura County office at (805) 512-9510.

Rose Law APC

1500 Palma Dr.
Ventura, CA 93003

Tel: (805) 512-9510
Fax: (805) 830-0443

EMAIL US TO SCHEDULE A CONFIDENTIAL DUI CASE CONSULTATION WITH A DUI DEFENSE ATTORNEY

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Ventura DUI Defense Attorney