If you’ve been arrested for a DUI in Ventura, you are facing substantial penalties that could alter your life for the foreseeable future. Depending on the severity of your offense, you could be facing tens of thousands of dollars in fines, a permanent license revocation, and even multiple years in state prison. Even if you’re being charged at the misdemeanor level, you face thousands in fines, a temporary loss of your license, and months in a local prison.
Rather than facing the prospect of fighting your DUI charge alone, you can talk with a skilled DUI attorney today. Simply call us at (310) 971-9045 or enter your contact information into the form on the right side of this very page. One of our representatives will help you schedule a free consultation with one of our DUI attorneys, who can show you that any drunk driving case can have a strong defense.
Basics of a Drunk Driving Defense
California Vehicle Code Section 23153 makes it a crime for any individual to have a blood alcohol content (BAC) of 0.08% or more and operate a motor vehicle. More clearly, a prosecutor must be able to prove to a jury that:
- You were legally drunk AND
- You were driving your vehicle under the influence of alcohol
Therefore, any defense against a drunk driving charge will rely on contesting the evidence that you met one or both of these conditions.
Contesting Your BAC Level
One focus for your drunk driving defense will revolve around contesting the evidence suggesting you had a BAC of 0.08% or higher. The particulars of the defense will depend heavily on the circumstances of your case.
Many lawyers start by evaluating the chemical test used to determine your BAC. Breathalyzers aren’t always properly calibrated or maintained, leading to erroneously high readings. Even blood or urine tests have a margin of error, sometimes made worse by human error, that can make your BAC look much higher than it was.
There may also be alternate explanations for a high BAC. The use of mouthwash and certain diets can lead to a breath test detecting high levels of alcohol. Similarly, your BAC rises over time, meaning that you may have been driving with a lower BAC than you would have with a later chemical test.
You Can’t Get a DUI if You Weren’t Driving
If you are found in your car with alcohol in your system, an officer could arrest you for a DUI. However, this can be difficult ground for a prosecutor to prove if the officer didn’t see you driving. Your DUI attorney may be able to negotiate for a lesser charge, such as a drunk in public charge, instead of pleading to a DUI charge in these sorts of situations.
Facing the DMV
You can beat the criminal DUI charges against you, and yet still end up losing your license for several months. This has to do with the administrative actions taken by the DMV once you’ve been arrested for a DUI. Before you’ve even stepped into court for trial, the DMV can have your license suspended for four months on a first DUI offense and a year for subsequent charges within a 10-year period.
In order to fight this administrative process, you must request a hearing within 10 days of your arrest. If you fail to request this hearing, the DMV is very likely to have your license suspended 30 days after your arrest.
If you hire a DUI attorney early on, you can have your attorney represent you at the requested administrative hearing. This can help prevent you from losing your license well before your trial and could be an important opportunity to evaluate the evidence against you.
Fight Your Drunk Driving Charge with a Ventura DUI Attorney by Your Side
Prosecutors in California can be aggressive in pursuit of a DUI conviction. They may pressure you to take a plea deal early on, suggesting that it’ll help you put the situation behind you. However, no matter how you feel about your situation, you should consider discussing your case with a knowledgeable DUI attorney before making a decision that will impact you for a decade or more.
By calling (310) 971-9045 or using the form on this website, you can arrange a meeting with one of our experienced DUI attorneys to evaluate your case. They can provide you with an idea of what sorts of defenses you might be able to raise against your drunk driving charges. While no one can guarantee a particular outcome, our attorneys can explain how people in similar situations were able to have charges reduced or dismissed outright.
So, take the first step and reach out to our DUI attorneys and start crafting a solid drunk driving defense today!
