DUI Lawyer Ventura. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and the consequences you face might be even worse than a DUI conviction. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you've been accused of a DUI in Ventura, CA, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's top DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you work with us, you're getting a team of DUI defense experts who know how to protect you in the Ventura, CA, judicial system and find the best result for your case.
If you want to build an effective defense, you need to act now. Call as soon as possible at (800) 755-5174 or contact us online to start putting together your case's defense 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. Here are four tips from a Ventura, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections at all points in the legal process. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it will likely be something you regret. This isn't just something you're doing out of courtesy, though; it also helps your defense: If you try to talk back or argue with the officer, 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 blow below the legal limit, or even if you don't undergo any tests at all. This is because the officer can make a subjective judgment about whether you are impaired or not, typically with field sobriety tests, then make arrests based on that.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension effective immediately after your arrest – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, the police are providing a record of the arrest to the Ventura, CA, DMV, which updates their records to show your license as suspended.
- Arraignment: Before you are released, you will attend a hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Separate from the criminal charges, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the meantime, your Ventura DUI defense attorney will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will communicate with the Ventura prosecutor to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: It's rare that a DUI case will 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, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and bureaucratic side. If you're facing a potential conviction, call now and we'll be happy to assist!
Ventura, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Ventura, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. This will always require two separate defenses, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and ways we defend your justice and license:
Ventura, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Your DUI case will typically go through the same process as any other criminal charge – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we listen to your side of the story and dissect the charges. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in Ventura do not receive any jail sentence. For several cases, 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 doesn't wait for your criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, this administrative hearing is focused on if you were legitimately 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 work with us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you're out of options. Outside of rare cases, you don't get an extra chance to set up that hearing. This is why it's vital to contact a Ventura DUI defense lawyer promptly after the traffic stop.
Punishments After a DUI Conviction in Ventura, CA
Ventura, CA, DUI criminal penalties are a lot to face – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be trying to avoid, depending on how exactly your charged and your history:
| DUI Criminal Charge | 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 barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. If this is your first DUI, the good news is that you will likely be able to stay in the country. The bad news is that if certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI can result in removal from the country. For individuals working on the naturalization process, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Ventura, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs that will protect you from the harshest outcomes, fight to keep you in the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, odds are, you'll want to leave it in the past and move forward with your life. However, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you could have an avenue 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 chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's essential to pick the right lawyer to represent you. Your team needs the proficiency, background, and connections to provide the optimal outcome for your case. Here are the main things to look for in your Ventura, CA, DUI defense lawyer:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police officers, totalling more than five decades of experience with the law.
- Availability: So that you can get help right away when you need it. You can speak with one of our team members 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We have experience working with the prosecutors in Ventura and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Defend Against in Ventura
Whatever type of DUI charge you need help with in Ventura, CA – our DUI defense lawyers are prepared for the charges.
This is a list of the DUI case types we commonly 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 Tactics in Ventura, CA
Whatever type of charge you're facing, our Ventura, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legitimacy of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, then the evidence arising from that traffic stop could be invalid. This defense could be used if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are often used by officers to evaluate whether someone is impaired or not. But ultimately, these are judgment calls on the part of the officer. We will audit the test records and show whether or not you were fairly judged.
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, we won't give up yet. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Timing is Critical – Speak With Our Ventura DUI Defense Lawyers RIGHT AWAY
Ventura, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. You lose your right to drive, you might be interrogated, you're assigned a court date…it's easy to feel overwhelmed. With everything going on, your best way out is to hire an attorney as soon as possible.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Ventura, CA DUI charges. We're standing by to answer your call right now and will can fight for your license and your rights as soon as you call. Talk to one of our team members now at (800) 755-5174 or tell us about your charges online for a no-obligation case review.
We also provide the following legal services in Ventura, CA:
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