DUI Lawyer Ventura. If you're up against a DUI in Ventura, it can feel overwhelming. This isn't just an administrative issue; you're also facing jail time, fines, and other penalties. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If the Ventura, CA, district attorney is coming after you, you don't want to be alone. Trying to defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is at your service.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of former prosecutors who know how to operate the Ventura, CA, justice system and get you the best outcome possible.
If you wait too long to build a defense, it could become too late. Speak with one of our attorneys 24/7 at (800) 755-5174 or tell us about your charges online to start preparing your defense strategy today.
Ventura, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but it's still important to know how to handle a traffic stop. Here are four tips from a Ventura, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
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 aren't tested at all. The police can use other methods to determine whether or not you were safe to drive, typically utilizing field sobriety tests, then decide whether or not to arrest you based on that.
Once you've been arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension effective immediately after your arrest – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, they are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the meantime, your Ventura DUI defense lawyer will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will work directly with the Ventura prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if you end up on trial in front of a judge, your attorney should be preparing now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face penalties. 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 fight any allegation, on both the criminal defense and bureaucratic side. No matter where you are in your case, you can start with a call to our offices!
DUIs in Ventura, CA and Criminal Cases vs. DMV Hearings
Ventura, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.
Here are important factors for both case types, 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, which will involve legal proceedings in CA court.
Your DUI case will typically go through the same process as any other criminal charge – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we present reasonable doubt and discredit the allegations. We'll question whether or not the traffic stop was legitimate, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can present an alternate narrative.
We know what it takes to keep DUI defense clients out of jail in Ventura, CA. Often, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Ventura, CA, DUI License Suspension
On the other side of a Ventura DUI charge is the DMV and your license suspension. This suspension goes into effect automatically, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the entire DMV hearing is about whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's crucial to contact a Ventura DUI defense lawyer right away after an arrest.
DUI Punishments in Ventura
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.
On this table, you can review the different penalties you could be fighting against, depending on the nature of the allegations:
| Formal DUI 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 elevated insurance costs and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be incredibly 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 conviction will qualify an immigrant for deportation. For immigrants seeking citizenship, even if you aren't deported, it can set your efforts back by several years.
If any of the above situations apply to you, don't panic: Call one of our Ventura, CA, immigration lawyers to get immediate help. 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 and plea deals that can keep a DUI off your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Ventura, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
Top DUI Defense Attorneys in Ventura: What You Need to Know
Accused of a DUI in Ventura? It is essential to pick the right lawyer to fight for you. Your team needs the expertise, experience, and contacts to provide the optimal outcome for your case. When you speak with Ventura, CA, DUI attorneys about your case, ask them about the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and law enforcement, totalling over 50 years of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Ventura and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud of our reputation with former clients 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. We're ready to add you to our list of success stories.
DUI Case Types We Defend Against in Ventura
It doesn't matter what kind of DUI you're facing in Ventura, CA – all of our DUI defense attorneys are prepared for the charges.
Below are some of the DUI charges we have experience defending:
- 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 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 License Reinstatement
- DUI Probation Violation
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- 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
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Street Racing
- Second Time DUI
- Third DUI California
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies 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.
Contest the Legitimacy of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, your case could be thrown out on legal grounds. This defense is a good option if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in Chemical Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. We will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a typical part of any traffic stop that turns into a DUI investigation. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will audit the test records and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. Even though this is harder to fight, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Immediate Help – Talk To Our Ventura DUI Defense Lawyers RIGHT AWAY
Ventura, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. The police officer takes your license, you might be interrogated, you're informed of a court date…it's easy to feel overwhelmed. In order to find a way out of all that, you need to get in touch with a lawyer as soon as possible.
Don't let the state decide how your case will go. Don't let your license go without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Ventura, CA DUI charges. We're standing by to answer your call today and will start safeguarding your license and keep you out of jail now. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a free, confidential consultation.
We also provide the following legal services in Ventura, CA:
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