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Ventura DUI Lawyers

1. Greenfield, Allen: Family Law: Divorce Custody & Visitation Support Modification Restraining Orders Guardianship Personal Injury (No Recovery, No Fee): All Accidents Auto Motorcycle Slip & Fall Wrongful Death Criminal Law: DUI Drugs Theft Probation Violation All Misdemeanors & Felonies
2. Price, Deborah: criminal defense
3. Lehr, David: DRIVING OFFENSES The most common charge related to driving is driving under the influence of alcohol. If your test showed that your blood alcohol content was .08% or higher, then the DMV will suspend your driverÕs license if you do not request a hearing within ten days from the date that you were arrested.For more information you can click on the DMVÕs link. http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl35.htm How do I schedule a hearing? Check the notice you received advising you of the action against your driving privilege. If the notice indicates you have the right to a hearing, you have ten days following receipt of the notice to request a hearing.You may do so by writing to or telephoning one of the departmentÕs Driver Safety Offices. Be sure to identify yourself by your full name, your driver license number, and your date of birth. You will also be asked to verify your correct mailing address.You should not try to handle a DMV hearing by yourself. Contact the Law Offices of David Lehr so that we can help you fight to keep your drivers license.Generally speaking, DUI is charged in two different ways. You may be charged with driving under the influence of alcohol or drugs if the officer thought that you could not operate your car Òwith the caution characteristic of a sober person under the same or similar circumstances.Ó You may be charged with this crime even if your blood alcohol content was below the legal limit.You can also be charged with a separate but similar charge of driving while your blood alcohol content was .08% or higher. You can be convicted of this crime even if the government cannot prove that your driving was impaired. Felony DUI California Penal Code ¤ 23153 Ð DUI causing bodily injury to another. You may be charged with a wobbler if you injury someone while you were driving under the influence even if the injured person was in your car. If the injuries are very serious, you could be sentenced to state prison.You may also be charged with felony DUI if you have been convicted of felony DUI within the last ten years or if you have been convicted of a misdemeanor DUI three previous times in the last ten years. If you are facing felony DUI charges, you need an experienced DUI attorney to assist you. Misdemeanor DUI If no one was injured by your driving, you will be charged with misdemeanor DUI for the first three offenses within ten years. The minimum penalties increase with each additional DUI offense. (See DMV) http://www.dmv.ca.gov/pubs/vctop/vc/tocd11_5c2a2.htm Other Driving Offenses Hit and Run Driving, Driving on a Suspended License, and Driving Without a License are misdemeanors. You can be sentenced to jail time if you are convicted of one of these offenses and so you need to contact an experienced defense attorney who can help you resolve your case.
4. Mitnick, Stephen: Felonies Misdemeanors Juvenile Offenses DUI DMV Hearings Drunk Driving Domestic Violence Drug Offenses
5. Zide, Jennifer: When you are charged with a DUI in Ventura County, you face serious penalties including jail time, license restrictions, costly fines and programs. For only a first time DUI charge in Ventura County, you face: (1) 48 hours of jail or 5 days of work release, (2) 3 years of probation (3) a costly First Offender Alcohol Education class and (4) fines and fees totaling over $2,000. When you are charged with a second time DUI in Ventura County, you face even more jail time, more probation, and a longer and more costly DUI education class to regain your license.
6. Morgan Law Firm: Driving Under the Influence (DUI) in California In California in 2007, over 200,000 people were arrested for Driving Under the Influence of drugs or alcohol, also known as a "DUI" offense. A DUI offense can result in serious and severe penalties that may have a significant impact on your day-to-day life; as a result, it is critical that you understand what rights you have when suspected of driving under the influence. PAS and Chemical Blood or Breath Tests If a police officer pulls you over, the officer may ask you to breathe into a Preliminary Alcohol Screening (PAS) device to detect the blood alcohol content of your breath. If you are 21 years of age or older, you can refuse to breathe into this device. However, if you are under the age of 21 or on probation for a prior DUI conviction, you must submit to the PAS test or face suspension of driving privileges for up to one year, or revocation for up to three years. Although you can refuse the PAS if you are 21 or older, be aware that if you do refuse, the California Vehicle Code allows the Department of Motor Vehicles (DMV) to suspend your driving privileges for a year, or revoke them for two years if your refusal occurred within a decade of a previous DUI conviction. If you are 21 or older and do submit to the PAS, you are considered to be driving illegally if your blood alcohol level is .08 or higher. If you are under 21 or on probation for a previous DUI charge, your blood alcohol level may not exceed .01. In California, a person who has been lawfully arrested for a DUI offense is deemed to have given his or her implied consent to have his or her blood, breath, or urine chemically tested for alcohol content. Accordingly, if you are arrested and refuse to submit to a breath, blood, or urine test, you face strict consequences. Under California Vehicle Code section 23612, if a person refuses to submit to a breath test, it may result in a longer suspension of the person's driving privileges and mandatory jail time if that person is later convicted. Additionally, the fact that you refused a chemical test can be used against you at trial. DMV Administrative Hearing Process If you are arrested for a DUI, the arresting officer will issue you an Order of Suspension/Revocation, which serves as a temporary driver's license for a 30 day period, at the end of which your license will be suspended. The DMV allows you to request an administrative hearing to contest the suspension of your license, and also allows you to request to see the DMV's evidence prior to the hearing. You must request an administrative hearing within 10 daysof your arrest or you forfeit your right to a hearing. If you do not request a hearing, your license will be suspended for four months for a first-time DUI offense. Guilty Pleas If you are charged with a DUI, consult with an attorney before you decide to plead guilty. If you are convicted, you may face jail time, substantial fines, probation, or driver's license suspension or revocation. There are also adverse consequences that can result from a DUI conviction, such as increased car insurance rates and potential difficulty in getting hired or continuing in your current profession. If you are not a U.S. citizen, a guilty plea to a DUI charge may also affect your immigration status. Seek Experienced DUI Attorneys
7. Loftus, Richard: California DUI Penalties and Criminal Charges In general, the crime of DUI occurs whenever a person drives any vehicle with a blood alcohol level of 0.08% or greater, or whenever a person drives a vehicle while Òunder the influenceÓ of alcohol (and/or drugs). The prosecution must prove the charges beyond a reasonable doubt. If the person is under 21 years of age at the time of the offense, there are several different charges available to prosecutors; in California, the law forbids persons under 21 from driving with any measurable amount of alcohol in the blood. The penalties are more severe for underage defendants in DUI cases, both from the courts and the DMV. In most cases DUI is a misdemeanor, which means an offense punishable by up to one year in county jail. Minimum jail sentences are established by law, but punishment may be increased in certain circumstances, for example where there is a child present in the vehicle, where the BAC is especially high, and where the defendant has suffered prior convictions for DUI. If the DUI defendant has caused an accident with injuries while under the influence, or has been previously convicted of three or more alcohol-related driving offenses within the preceding 10 years, then the DUI may be charged as a felony, which means an offense punishable by at least 16 months in state prison. In addition to a jail sentence, DUI punishment generally includes probation, fines and penalty fees costing thousands of dollars, substance abuse education classes, community service, and court-imposed license suspension on top of the DMV suspension. In some cases the court can even order the installation of ignition interlock devices, and impoundment of the vehicle.
8. Farley & Cassy: The California State law applicable to drunk driving is Vehicle Code section 23152 which reads as follows: "(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath." In California, as in most states, there are two separate ways by which a person can be convicted of drunk driving. The first is based on a violation of Vehicle Code section 23152 (a), driving under the influence of alcohol or drugs. To convict a person of driving under the influence it must be proven that they were physically or mentally impaired by alcohol or drugs at the time of driving. To determine whether a person was driving under the influence, the state primarily looks to the driving pattern and field sobriety tests to see if there is evidence of impairment. However, there may be other explanations for your driving pattern and performance on the field sobriety tests such physical injuries, etc., that have nothing to do with alcohol caused impairment. The second way by which a person can be convicted of drunk driving is pursuant to Vehicle Code section 23152 (b). To establish a violation of this law it must be proven that the person had a blood/breath alcohol level of .08% or greater at the time of driving. To determine whether a person was .08% or higher at the time of driving, the focus is on your test results, how close they were taken to the time of driving, when you finished drinking, last ate, and other factors that can help determine what your blood alcohol level was at the time of driving. Even though your test result may have been above the legal limit, this does not necessarily mean that you were above the legal limit at the time of driving which is what the law is concerned with. Various factors could have caused your blood alcohol level to fluctuate between when you were stopped by the officer and when you were tested. The best way to evaluate the merits of a DUI case is to apply the exact legal standard a judge or jury would use if you took your case to trial. The law does not allow a judge or jury to apply their own definition of what it means to be "under the influence" or above the legal limit. For purposes of determining whether a person has violated section 23152(a), the law defines Òunder the influenceÓ as follows: "A person is under the influence of an alcoholic beverage or drug when as a result of drinking such alcoholic beverage or using a drug his or her physical or mental abilities are impaired to such a degree that he or she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances." In order to prove that a person violated section 23152(b), the following elements must be established beyond a reasonable doubt: 1. A person drove a vehicle; and 2. At the time, the driver had 0.08 percent or more, by weight, of alcohol in his or her blood. The DUI laws in California also allow a judge or jury to make two inferences regarding whether a person may have been under the influence or .08% or higher at the time of driving. If the evidence establishes beyond a reasonable doubt that a person provided a chemical test within three hours of driving that was 0.08 percent or more, the judge or jury may, but is not required to, infer that the person was under the influence of an alcoholic beverage and .08% or more at the time of driving. Despite these permissible inferences, the defense is allowed to present evidence and argue that even though an accused provided a chemical test within three hours of driving which was a .08% or more, the blood alcohol level at the time of driving was under .08% and thus the accused is not guilty of violating section 23152(b). Breath and blood testing instruments are regulated by Title 17 of the California Code of Regulations. Among other things, these regulations require that breath testing instruments be calibrated, i.e., checked for accuracy every ten days, that two breath test readings be obtained within .02% of each other, that the person be under continuous observation for fifteen minutes prior to the breath test, etc. Occasionally, these regulations are not followed. The law provides that the failure to follow these regulations may be considered in determining the accuracy of the test results. In order to determine whether these regulations were complied with in your case, discovery beyond the basic police reports would have to be obtained.
9. Bromund, Max: DUI defense is very important for your future employability and financial future. The consequences of a DUI conviction are far-reaching and long-lasting, including thousands of dollars in increased insurance premiums, court costs, fines, and time spent without a valid license.
10. Bahmieh & Erickson: (The) goal in all cases is to minimize your criminal exposure by working toward the elimination or reduction of the charges against you from the beginning of the case through trial and sentencing.
11. Vogel, Brian: It is the solemn duty of the criminal defense attorney to protect the Constitutional rights of those being investigated or prosecuted by the government. We take this oath very seriously by thoroughly investigating the charges and then mounting the best defense possible.
12. Tim Quinn: Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. In a criminal case the state, through a prosecutor, initiates the suit. Persons convicted of a crime may be incarcerated, fined, or both. Hiring the right lawyer promptly makes a huge difference in criminal cases. An attorney is an important investment in protecting your rights. An experienced criminal defense lawyer can help you lower your bond/bail, tell your side of the story, negotiate for a favorable plea/sentence, protect your rights, and inform you of all your options. If you have been arrested, selecting a lawyer is one of your most important tasks.
13. Adam Pearlman:

    
    Many people charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in California have a particularly difficult time dealing with their criminal charge, often because it is the first crime they have ever been charged with. DUI charges are made against approximately 1.5 million drivers every year. These arrests can result in serious consequences. A person who is convicted of a DUI can face heavy fees and penalties, a loss of driving privileges, and may be sentenced to serve jail time.

    Given that so much is at stake in a DUI case, it is important to hire an experienced criminal defense attorney who has handled many DUI and DWI cases in California, and who will guide you through the legal maze of the California criminal justice system and Department of Motor Vehicles (DMV).

    Adam L. Pearlman has represents individuals in Ventura and Santa Barbara Counties who have been charged with driving under the influence or driving while intoxicated. He will work aggressively to protect your rights before the municipal or criminal courts. In addition, he provides representation before the California DMV to help you obtain a provisional driver's license while you await trial. Sometimes it is possible to drop your DUI or DWI charge to a lesser offense that will allow you to preserve your California driving privileges as well. Mr. Pearlman can explain all of the options to you.

    Cases Involved with DUI Arrests

    There are essentially two different cases that are brought against you when you are arrested for a DUI. First, there is the DMV case (Department of Motor Vehicles case) - this is where your driver's license may be taken away from you. Second, there is the criminal case - this can result in jail time, fines, classes for alcohol education, community service, impounding your vehicle, getting an ignition interlock device installed in your vehicle, or a combination of these things. It all depends on the facts of your individual case.

    California DMV Hearing

    If you have been arrested for a DUI, you must request a DMV hearing within 10 days of the arrest. If you do not do so, your license will be automatically suspended or it will be revoked 30 days after your arrest.

    The DMV proceeding is very different from the criminal courtroom proceeding. These hearings are much more informal, and they are run by a Driver Safety Office (DSO) Hearing Officer, who is an employee of the Department of Motor Vehicles (this hearing is not run by a lawyer or a judge). The standard of proof in DMV hearings is a "preponderance" of the evidence, which is a much lower standard than what is used in criminal court.

    DMV hearings can be very technical, and the chances of a person winning without legal help are very low. Unfortunately, the DMV does not care about your personal life, and it makes no difference to them if you need to drive to work or school. Additionally, the DMV will sometimes discourage individuals from seeking a hearing, telling them that they "can't win". The documentation that is given to a person who is arrested for DUI can be confusing, and it does not clearly explain that a hearing must be requested in a very short period of time. Contrary to what it says on the form, you do not have to show that the suspension is not justified - rather, the DMV must show that the suspension is justified. According to the DMV's statistics for a recent year, 34% of all people who were suspended for DUI at the time of their arrest kept their driver's license by simply requesting a hearing to fight the suspension.

    Important Factors for California DUI Criminal Cases

    After the DMV hearing, the accused person must face the criminal proceeding. The Drunk Driving penalties in the state of California are set forth by statute and can be very complicated. The basic statute allows for a range of possible DUI sentences, but there may be modifications to the sentence based on the following factors:

    1. Having a prior conviction within the last seven (7) years
    2. Speeding 20 mph (or more) over the speed limit at the time of the DUI
    3. Having a child under the age of 14 in the car at the time of the DUI
    4. Having a blood-alcohol reading of over .20%
    5. Refusing to submit yourself to chemical testing

    Within the range that is set forth by statute, the sentence in a DUI case will be affected by such factors as:

    1. The various facts of the case
    2. The policies of the prosecutors and local courthouse
    3. The weaknesses or "holes" in the case, as uncovered by the defense attorney
    4. The reputation of the defense attorney

    It is important to note that the results of the breath, blood or urine test will be a factor in determining the charges that will be brought against you and the possible sentences. If you were driving with a blood-alcohol level of over .08%, then there has been a DUI offense. Please remember, however, that the DUI laws relate to the blood-alcohol level at the time of the driving , and not at the time of the test. This is a very important difference that may be used in your favor. It is also important to understand that the tests - particularly the breath tests -- are unreliable and therefore susceptible to attack by an experienced DUI attorney.

14. Bamish & Erickson: Being accused of a crime is a frightening and stressful event. Even in the most minor cases, it makes sense to secure competent and knowledgeable counsel who can help streamline the criminal justice process, provide zealous representation, and minimize the impact on the criminal defendant's life. If you or someone you know has been charged with committing a crime, do not delay in contacting an experienced criminal defense attorney.
15. Monty Gill: In California, if you have refused to submit to a chemical test, your license will likely be suspended for a period of one year for a first refusal, or for eighteen months if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will likely be suspended for four months for a first offense, and one year for a second offense. It is possible to obtain a restricted license allowing you to drive to and from work after an initial 30 day suspension.
16. Kevin DeNoce: The fact that your breath or blood test result may appear to be over the legal limit does not necessarily mean that you are guilty of drunk driving. With respect to the .08% legal limit, the law is concerned with what your blood alcohol level was at the time of driving -- not when tested. Depending upon what your test results are and when you finished drinking, your blood alcohol level may have been below the legal limit at the time you were driving even though your test results are above the legal limit.
17. Ronald Jackson: It takes an experienced attorney who understands the science related to DUI cases to properly analyze your situation. Each day someone is forced to confront the serious consequences of Drinking and Driving. They could be facing a license suspension, heavy fines, or coping with serious injuries caused to themselves or others. But face it, our daily lives will often present us with social drinking situations, and many of us make choices about whether or not we should drive simply based on how we "feel" at a given moment. Can you afford to be wrong? The Average DUI conviction can result in serious fines! Jail Time is a real possibility... More than 20,000 people are injured in DUI accidents each year. The Solution People come in all sizes, and shapes... and they all hold their liquor differently! There are many factors like body type, time, absorption rates, burnoff, and other factors that can combine to determine a person's Blood Alcohol Concentration. Until now, it has been difficult, if not impossible to determine what your BAC is before driving. But the BAC Calculator Wheel now gives you a good indication of what your BAC is, and allows you to make an informed judgment about driving if you have had something to drink.
18. Randall A. Smith: Being arrested for DUI does not automatically result in a conviction or a loss of your driver's license. With the help of a good attorney, there are steps you can take to minimize your risk of a conviction or severe penalties.
19. Paul B. Tyler: In Ventura County, however, even a first offense DUI carries a mandatory jail sentence of two days. Fortunately, it is possible to do five days of work release in lieu of the jail time.
20. Monique Hill: There are numerous defenses available to DUI cases. The State must prove that you were driving a vehicle, on a public road, while you were intoxicated and or had a blood level at .08 or above. This is not as easy as it may seem. Depending on the facts of your case, we can make motions to supress the evidence of your blood alcohol level, present expert testimony that your blood alcohol level while you were driving was not what it was when you were tested, determine whether the machine was properly cared for or was miscalibrated., etc.