The latest report released by the California DUI Management Information System says that Ventura witnessed over 3000 DUI arrests in 2018. On average, the county’s Sheriff’s Department makes about 1,000 arrests annually. Drinking under the influence of alcohol is considered a severe offense in California.
You might have been driving the car after drinking accidentally. Or there could have been an emergency. However, the law will not take any of that into account. What you need to do in such situations is find the right Ventura DUI Lawyer who has dealt with numerous DUI cases over the years.
They will know how to proceed, the kinds of documents required, how to negotiate with parties, and ultimately, make sure you get a fair deal. Cases like these are incredibly complex and take a lot of time to be settled.
How does the California law define DUI?
According to the California Department of Motor Vehicles (DMV), operating a vehicle with a BAC of 0.08% is illegal if the person is 21 years old. If the person is under 21 years old, drivers will be considered drunk if they have a BAC of 0.01% or higher. For commercial drivers, including school bus drivers, the permissible alcohol level is below 0.04%.
Penalties for drinking and driving in California
The kind of punishment you receive will depend on whether it’s your first, second, third, fourth, or fifth DUI.
If it’s your first arrest, you could be imprisoned in a county jail for 96 hours or fined $390-1000. When the second arrest is made within ten years of the first one, you will be jailed for 90 days and pay a maximum fine of $1000. The third conviction will require you to stay in the county jail for 120 days and attract a penalty of $1000. For the fourth and fifth DUI charges, the offense can be treated as a felony, and penalties may include jail time of up to 3 years, fines of up to $1000, and a 4-year revocation of the offender’s driving privileges.
How can your attorney help you?
A DUI case is always wrapped in layers of intricacies. It takes an experienced attorney to figure out the ways of dealing with them. They will be acquainted with the court procedures and steps involved. Your Ventura DUI lawyer will visit the site of the arrest, cross-examine officers at DMV hearings, issue a subpoena and ensure you receive a fair trial. These are some other ways they will help you out.
During the DMV hearing
Before you are arrested, the officer will conduct a variety of field sobriety tests with a breathalyzer. After the arrest, they will have you take a blood test at the police station, hospital, or jail. You might either be released immediately with bail or released later, without bail. However, you will have to face a court trial at a later date.
When the authorities let you go, they will provide you with a citation to attend court along with a temporary license. Your driving license will be suspended if you don’t win the DMV hearing. Your lawyer will request a hearing for you at the earliest time by contacting them within ten days of your arrest. They will convince the agency not to suspend your license. Your lawyer could also point to mistakes during the investigation process.
During the court trial
If you plead to the DUI, it has to be finalized either of two ways. You could arrive in person and plead before the judge. Or, your lawyer could ask you to sign notarized documents known as a Thal waiver outside the court. They could make the plea on your behalf. If no settlement is reached between you and the DMV, the case will go to trial.
Your lawyer will represent you in the proceedings. They will let you know if you are required to testify. DUI cases may stretch over a long period, during which they will gather evidence, file motions, and negotiate with various parties involved. Ultimately, they will try to minimize the damage and try to get you the best outcome.
A DUI case can be much more complicated than you might think. You will require the help of your Ventura DUI Lawyerto tackle the legal complexities and represent you at the various court proceedings. If you are ever involved in these cases, call your lawyer immediately.