DUI Lawyer Ventura. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and the consequences you face might be even worse than a DUI conviction. And DUIs involving drugs are treated differently than those involving alcohol.
If the Ventura, CA, district attorney is coming after you, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
If you wait too long to build a defense, it could become too late. Get a hold of us without delay at (800) 755-5174 or tell us how we can help online to start preparing your defense strategy today.
Ventura, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Ventura, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent during any form of questioning. Even just saying "I only had two drinks" can work against you.
Tip #3: Identify the Test Being Requested
A roadside exercise, a preliminary alcohol screening (PAS) breath test and a post-arrest chemical test are different requests. Age, DUI probation, the circumstances of the arrest and the test requested affect the applicable rules. The California DMV explains license consequences for refusing or failing to complete a required PAS or chemical test. Do not assume that declining one test lets you decline every other test without consequences. Tell counsel exactly what the officer requested and what warnings were given.
Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Ventura?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally via field sobriety tests, then make arrests based on that.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: The officer may take your regular license and issue an order of suspension with a temporary license. For an otherwise valid California license that is not suspended or revoked for another reason, the temporary license permits driving for 30 days from the date the order was issued. Check the order and your current driving status. A license suspension proceeding is separate from the criminal case, and the DMV hearing request deadline is generally 10 days from receipt of the order.
- Arraignment: At this court hearing, the judge explains the charges and your rights, and you enter a plea. Some defendants attend after release; others remain in custody. If you are still in custody, the judge addresses bail or release conditions. Follow the date and location on your current court papers.
- DMV Hearing: Separate from the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Ventura DUI defense lawyer will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will work directly with the Ventura district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Most DUI cases won't go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the outcome of your case, you may face sanctions. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and license side. Whatever stage in the process you're at, you can start with a call to our offices!
Defending Against Ventura DUIs: Criminal Cases vs. DMV Hearings
Ventura, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and insights into how we protect your freedom and ability to drive:
Ventura, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Ventura, CA, legal system.
Criminal cases, including DUIs, all follow the same basic process – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we provide expert defense and discredit the criminal accusations. We'll examine the lawfulness of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and hunt for other evidence that can tell a different story.
With our defense strategies, we are almost always successful at protecting our Ventura, CA, clients from jail time. Frequently, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Ventura, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension goes into effect automatically, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, the entire DMV hearing is about whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. When you hire us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's critical to contact a Ventura DUI defense attorney immediately after the traffic stop.
DUI Punishments in Ventura
Ventura, CA, DUI criminal penalties are intimidating – though you could 'only' be facing misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be fighting against, depending on what your charges are:
| Alleged DUI Offense | Jail/Prison Time | Fine |
|---|---|---|
| First Time DUI | 48 Hours to 6 Months | Up to $1,000 |
| Second Time DUI | 96 Hours to 1 Year | Up to $1,000 |
| Third Time DUI | 120 Days to 1 Year | Up to $1,000 |
| Fourth Time DUI (Felony) | 16 Months to 3 Years | Up to $1,000 |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 |
On top of whatever sentence you receive in Ventura court, you have to endure several collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences depend on the charged offense, the conviction record, immigration status and the benefit or proceeding involved. Criminal charges, removal grounds and eligibility for citizenship require separate analysis. USCIS guidance says two or more DUI convictions during the relevant statutory period can create a rebuttable presumption of a lack of good moral character; that is not a universal rule of permanent ineligibility. H.R. 875 concerns proposed changes to DUI-related immigration grounds. Check current official legislative status and any enacted text rather than treating a proposal as an automatic outcome. Have qualified immigration counsel review a proposed plea and your individual record.
These accusations can be intimidating, but they are not the end. Your Ventura, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs that can protect you from a conviction, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Ventura, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI allegations you've been charged with, it's crucial to pick the right lawyer to defend you. Your team needs the skills, preparation, and relationships to give you opportunities for a positive outcome for your case. When you speak with Ventura, CA, DUI attorneys about your case, ask them about the following:
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Local procedure: Ask who will handle your case, how counsel will confirm the assigned court and hearing dates, and how the evidence and applicable law will guide negotiations with the prosecutor.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
Our recent DUI Case results speak for themselves. We're ready to add you to our list of success stories.
DUI Case Types We Defend in Ventura
Whatever type of DUI charge you need help with in Ventura, CA – our DUI defense team is prepared stand by you against the charges.
Below are some of the DUI allegations we typically defend:
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- Disorderly Conduct
- Disturbing the Peace
- DMV Hearing Defense
- Driving with a Suspended License
- Driving Without a License
- Driving Without Insurance
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI Accident Defense
- DUI and Professional Licenses in California
- DUI Blood Test Defense
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- DUI Penalties
- DUI with Child Passenger
- Evasion
- Exhibition of Speed
- Felony DUI
- Field Sobriety Tests
- First-Time DUI
- Fourth DUI Felony Escalation
- Hit and Run
- Hit and Run DUI
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in Ventura, CA
When you work with the Law Offices of David S. Chesley, your Ventura, CA, DUI attorney will draw from years of experience with effective defense strategies. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, your case could be thrown out on legal grounds. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With Chemical Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will look into any potential procedural errors, retest in some cases, using a "blood-split" motion, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. We will examine the evidence and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. While this is can be difficult to overcome, our lawyers have more defense strategies we can pull from. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Talk To Our Ventura DUI Defense Lawyers NOW
If you've been arrested or accused of a DUI in Ventura, CA, things move pretty fast. You lose your right to drive, law enforcement might try to do additional tests, you get a court date…it's easy to be stressed out. With everything going on, your best way out is to contact a DUI defense attorney now.
Don't let the state decide how your case will go. Don't lose your ability to drive without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Ventura, CA DUI charges. We can promptly review your DMV notice, evidence and custody status, then discuss available defense and release options. The outcome depends on your case. Get a hold of us now at (800) 755-5174 or let us know what you need online for a no strings attached consultation.
We also provide the following legal services in Ventura, CA:
