DUI DWI INVOLVING SERIOUS INJURY

       

VC Section 23153 provides as follows:

(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug . . . to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

Penalties for DUIs Involving Serious Injury

Click here for information about the possible penalties for “DUI with injury” convictions under VC Section 23153.

Speak to a criminal DUI lawyer as soon as possible after the arrest. It is in your best interest not to answer any questions without an attorney present, because anything you say can be held against you in court. Do not face the system alone.

We help people successfully fight drunk driving charges in California. We understand there are many circumstances involved in a case. The only way to know is to have your case evaluated by a lawyer who specializes in this type of case. Many people can and do successfully fight driving under the influence charges.

DUI DMV 10 DAY RULE

 

THE DWI DUI DMV TEN DAY RULE


"ask for a DMV hearing within ten days following the arrest"

Call a California DUI lawyer and request your DMV hearing in a timely manner. In some cases, your attorney can attempt to have the order of suspension thrown out altogether. However, inaction or procrastination is your worst enemy. Failure to secure a hearing means that your driver’s license will be suspended automatically at the end of 30 days from the arrest. Once you ask for a hearing, you will receive an extension of your driving privilege – allowing you the ability to earn a living and take care of your daily business for as long as possible.

Not only will our criminal DUI lawyer help with the court case but the legal expertise that they bring to the table will be indispensable when dealing with the DMV.

After being charged with driving under influence of drugs or alcohol in the state of California, you need to understand your rights. It is also advisable not to go to court or to the DMV without legal representation. It is your right to remain silent, so it is in your best interest to discuss the case with your attorney to avoid any problems.

Hire a lawyer for DUI if you are faced with violations of:

• Statute 23152(a) VC states that driving under the influence of drugs or alcohol is a misdemeanor in the state.
• Statute 23152(b) VC states that driving with blood alcohol content of 0.08 percent or higher is also a misdemeanor.

DWI DUI DMV LAWYER

DUI DEFENSE ATTORNEY

SERIOUS DUI DWI - THE PENALTIES

DMV DEFENSE - CRIMINAL DEFENSE

          

DWI DUI and the DMV - Driving under the influence of alcohol or drugs is a serious offense in California. The penalties that come with a DUI conviction depend on many aspects of the case as well as whether this is your first or subsequent offense. Penalties may include:

• Suspension or loss of driving privileges
• Jail terms
• Fines
• Mandatory educational programs
• Installation of an ignition interlock device in your car.
• Drastic increases in insurance premium rates and issues in obtaining credit

          

Remember that criminal charges are only one aspect of a DUI. When you are pulled over on suspicion of DUI and have a blood alcohol content (BAC) of 0.08 percent and above or refuse to take the test, the arresting officer will take away your license immediately and hand you a pink slip. This works as a formal notice of a possible license suspension. While the sheet allows you temporary driving privileges, you will need to ask for a DMV hearing within ten days following the arrest.  We can help

DMV LAWYER

DWI ATTORNEY

HIGH AND HIGH PROFILE DUI DWI

High Profile DUIs - The People, The Cars, The Movie Stars

If you are facing DUI charges, choosing the right DUI defense attorney can be the most important decision you make about your case. For high-profile individuals, not only do you need someone with the knowledge and experience to help you beat your charges or minimize your penalties, you also need someone who can help you keep your case out of the public eye.

At The Law Offices of David Lehr, we pride ourselves in always putting our clients’ interests first, fighting for the best possible outcome in every single case we handle, and counting ourselves among the most experienced and passionate California DUI attorneys out there. If you are facing a DUI in Camarillo, Thousand Oaks, Simi Valley, Oxnard or Ventura County, you need an attorney who is willing and able to fight to protect your rights, your driver’s license, and your freedom. This is what you get with The Law Offices of David Lehr.

Free Initial Consultation

For more information, please click here to schedule your free initial consultation with Ventura DUI attorney David Lehr. We are conveniently located across the street from the Ventura County courthouse, and evening and weekend appointments are available upon request.

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FIRST DUI

 Facing a First DUI Charge - Information 

Pleading guilty to a first DUI offense can have very serious repercussions. A DUI conviction will cost you thousands of dollars, and can have numerous other short-term and long-term consequences. These include:

• Jail time or work release
• Probation
• Loss of your driver’s license
• Mandatory attendance of the Drinking Driver Program (alcohol school)
• Increased insurance costs
• Impeded ability to maintain your employment (or find new employment) and provide for your family
• A “prior” record for purposes of subsequent DUI convictions

No matter what else that you do, make sure that you request a DMV hearing within ten days of your arrest.

If facing charges for a first DUI, there are numerous moving parts and interrelated issues that need to be properly managed and considered. Here are some things you should know about facing a first DUI:

• Your DUI Rights – learn about your rights when facing first-time charges for drunk driving.
• The DMV Hearing – learn about how to protect your license at the initial DMV hearing  (important: this requires action within ten days of your arrest)
•  DUI Court Process – learn about what to expect in court for a first DUI offense.
• Ways to Beat Your DUI – learn about what to expect in court for a first DUI offense.
• Selecting Your DUI Lawyer –learn how to choose between DUI attorneys and what makes a good lawyer for first DUI offenses.
• DUI Penalties – learn about the possible penalties for first DUI convictions

RIGHTS WHEN ARRESTED FOR DUI DWI

By working with an experienced  DUI defense attorney, you can ensure that your rights are protected, and that any past violations do not result in an unjust conviction for your alleged DUI.

• Right Not to Be Stopped Without Reasonable Suspicion – You have the right not to be stopped unless the police have “reasonable suspicion” to pull you over. Officers frequently cite invalid bases for making traffic stops, and when this happens the entire case should be dismissed.
• Right Not to Be Arrested Without Probable Cause – You have the right to not be placed into custody unless the police have sufficient “probable cause” to make an arrest.
• Right to Refuse to Take Field Sobriety Tests (FSTs) – You have the right to refuse to take FSTs. However, if you refuse to take a chemical BAC test, this refusal can be taken into consideration during your sentencing and at the DMV administrative hearing for suspension of your driver’s license.
• Right to Remain Silent – You have the right to remain silent during the DUI arrest process. Aside from providing personally identifying information, you are not required to make any statements to the police or respond to any of their questions.
• Right to Speak with an Attorney – You have the right to speak with an attorney and to have an attorney represent you at all stages of your Ventura DUI case. If you cannot afford to pay a private attorney, you have the right be represented by a public defender.
• Right to Access Police Reports and Other Evidence – You have the right to obtain copies of the police reports from your DUI arrest and to review any other evidence the prosecutor intends to use against you should your case go to trial.
• Right to Present Your Own Evidence and Witnesses – You have the right to perform investigations, interview witnesses, and subpoena witnesses to testify at trial. You also have the right to present other evidence (such as independent analysis of your blood sample) to help your defense.
• Right to a Fair Trial – You have the right to a fair trial under the California DUI laws. This includes an impartial jury, appropriate court procedures (such as jury instructions), and presentation of admissible evidence.
• Right to Expungement of Your DUI Conviction – If you plead guilty or get convicted at trial, you have the right to have your criminal record expunged after you complete your sentence.

Ventura drunk driving lawyer if you have been arrested on DUI charges. Your driving privilege, standing in the community, employment and freedom depend upon your timely action. We have years of experience handling local cases and are known and respected by the players in the judicial system. Call our offices today for a free case review. 
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DRUNK DRIVING VENTURA COUNTY

Driving Drunk in Ventura County? 

Drunk driving in Oxnard, Camarillo and other parts of Ventura County is typically established one of two ways.

1, you can face D.U.I. charges for drunk driving in Ventura County if, as a result of alcohol consumption, you are physically or mentally disabled to such an extent that you cannot exercise normal caution while driving your car. 

2, you can also face DUI charges in Ventura County if you are caught driving with a blood alcohol content     ( BAC ) level of 0.08 % or above. This is what is known as a per se violation, meaning that you can be found guilty of DUI regardless of whether or not you were actually impaired behind the wheel.

Drunk driving in Ventura County is not inherently illegal. It is illegal only if your driving is impaired or if your BAC rises above the legal limit. DUI DWI

Drunk Driving in Ventura County - Facing Charges? 

Unfortunately, this does not stop Ventura County sheriff / police officers and prosecutors from arresting and convicting people for unimpaired drunk driving in Simi Valley, Oxnard, Camarillo, Thousand Oaks, and other parts of Ventura County.

In fact, Ventura County is notorious for being one of the harshest counties in the entire nation when it comes to bringing and prosecuting charges for DUI.

If you have been arrested for a Ventura DUI, you need a savvy and experienced Ventura drunk driving defense attorney on your side. As a long-time former prosecutor with the Ventura County District Attorney's Office, David Lehr is one of the most experienced drunk driving lawyers in Ventura County.

David Lehr Law offers DUI Defense for Ventura County DUI, Ventura DUI, Thousand Oaks DUI, Simi Valley DUI, Oxnard DUI, Santa Paula DUI, Fillmore DUI, Port Hueneme DUI, and Moorpark DUI.

DMV DUI FELONY

California DUI Felony Charges

    

In order to preserve all possible defenses for your DUI felony charge, it is best to start working immediately with David Lehr the experienced Ventura DUI felony lawyer who can quickly gather evidence and speak with police officers and the prosecutor about your case. The longer you wait, the more likely it becomes that a possible defense will slip through the cracks.

Some possible defenses to Ventura DUI felony charges include:

• Your alcohol level rose between the time of the accident and the time you took the field sobriety test,
• The field sobriety test was faulty, unreliable or improper,
• Lack of reasonable suspicion for your stop or probable cause for your arrest,
• Someone else caused the accident (in accident cases), and
• The police failed to read your Miranda rights.

Click to read more about Ventura DUI defense and ways to beat your DUI.



Facing a DUI Felony in Ventura County?

Ventura County, there are three different types of DUI felony charges in Ventura County. All three carry serious penalties, including loss of your driver’s license and possible incarceration for three years or longer.

California law provides that a DUI will be charged as a felony if:

• The DUI involves an accident resulting in serious personal injury or death to someone other than the driver charged;
• The driver has three prior California DUI misdemeanor charges within the past ten years; or
• The driver has at least one prior felony DUI charge within the past ten years.

Ventura DUI Felony Charges? Reduced or Dismissed

Ventura County police and Ventura County District Attorney's office the prosecutors are notorious for overcharging DUI as a felony when only a misdemeanor charge is warranted by the circumstances. In addition, in many cases a lack of evidence or questions about the credibility of evidence can lead prosecutors to agree to reduce a Ventura DUI felony charge to a misdemeanor. In many cases, we are able to have our clients’ DUI charges dismissed entirely.

DMV DUI Resources

Attorney At Law 



"if you have been arrested on DUI charges. Your driving privilege, standing in the community, employment and freedom depend upon your timely action" and our Help    David Lehr Law

Helpful DMV California Department of Motor Vehicles Resources

California DMV DUI Resources

• DUI FAQs from the California DMV – Useful resource providing information on temporary licenses, DMV hearings, and administrative driver’s license suspensions.
• Information About Administrative License Suspension Hearings from the California DMV – FAQs about DMV administrative hearings and how they relate to DUI court cases
• Drinking Driver Program (Alcohol School) – Information on the California Drinking Driver Program provided by the National Traffic Safety Institute

California DMV DUI Statutes

• California Vehicle Code (“VC”) Section 23152 – The California statute that defines and prohibits “driving under the influence” (DUI) and driving with a BAC of 0.08% or above
• California VC Section 23153 – The California statute that applies to DUIs that result in personal injury
• California VC Section 23536 – Penalties for First-Time DUIs under Section 23152
• California VC Section 23540 – Penalties for a Second DUI Conviction under Section 23152 within ten Years
• California VC Section 23546 – Penalties for a Third DUI Conviction under Section 23152 within ten Years
• California VC Section 23554 – Penalties for a First Conviction under Section 23153
• California VC Section 23560 – Penalties for a Second Conviction under Section 23153 within ten Years
• California VC Section 23566 – Penalties for a Second Conviction under Section 23153 within ten Years

California Alcohol Treatment and Recovery

• California Department of Alcohol and Drug Programs – Provides prevention, treatment and recovery services for individuals struggling with alcohol or drugs
• Alcoholics Anonymous – Local support groups for individuals with a desire to stop drinking

Ventura California DUI Resources

• Ventura County Superior Court Website – Information about the court that tries Ventura County DUIs (located across the street from The Law Offices of David Lehr)
• Ventura County District Attorney’s Office – Information about the Ventura County prosecutor
• Ventura County Detention Services – Information about Ventura County jails
• Ventura County Adult Facilities – Information on work furlough and work release

To speak with a DUI criminal defense lawyer, 
call the Law Offices of David Lehr at 805-477-0070. 
We give free consultations.

Department of Motor Vehicles DMV and Driving Under the Influence DUI DWI

Protect your Rights at the DMV

DMV Hearings - The process and procedures 


David Lehr Law

No matter what else that you do, make sure that you request a DMV hearing within ten days of your arrest. We have had clients who called us after their ten-day period was up. We won their court cases, but they still lost their driver’s licenses to the DMV.

When you are arrested for DUI , the arresting officer will nearly always take your permanent driver’s license and give you a “pink sheet” for a temporary license. This temporary license will expire thirty days after the date of your arrest, leaving you unable to lawfully drive. It is possible to avoid suspension of your driver’s license, but only if you request a DMV hearing within ten days of your arrest – and only if you present a successful defense at the DMV hearing.

Once you request a DMV hearing, the DMV will send you a “white sheet” that replaces your “pink sheet” temporary driver’s license. Your white sheet will allow you to continue to drive pending the outcome of your DMV hearing. During the hearing, the DUI defense attorney will present all available arguments for restoring your permanent driver’s license. 

A drunk driving charge can result in the loss of your license, financial ruin, family problems and even termination of your employment. It is important not to give up hope or try to fight the charges alone.

Going it alone is never recommended. There are many legal and technical aspects to DUI that require legal training to navigate. 

A lawyer for DUI can challenge the cause of arrest, the procedures involved, and any mitigating circumstances. 

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California Lawyer David Lehr DUI DWI DMV Driving Drugs Impaired

California  LAW FIRM  DAVID LEHR LAW

David explains some of the details of how a DUI can affect you and how the process works.

Driving under the influence of drugs or alcohol is dangerous. It is responsible for a large number of accidents every year, often involving serious injuries, significant property damage, and death. As a result, the associated criminal charges can be severe.

Of course, not all DUI cases involve significant harm, and not all DUI cases actually involve DUI. Moreover, even when individuals may have engaged in conduct classifiable as DUI, they are entitled to a vigorous defense, and they are entitled to protection from unjustified and unlawful actions by prosecutors and police. 

Your driving privilege, standing in the community, employment and freedom depend upon your timely action.

The stakes are high in DUI offenses. California's penalties are more severe than in many other states. Arrests have increased 14 percent in recent years due to increased awareness and patrols. However, conviction is far from automatic in most cases.

An arrest on a DUI felony or misdemeanor charge is a traumatic experience that can send shockwaves through many areas of your life. The embarrassment, shame and repercussions to job and social standing are the same no matter whether this is your first or subsequent arrest. 

 
 

Whenever such a situation arises and you are facing a DUI felony charge, do not hesitate to get someone on your side that is willing to fight hard for your rights.

DUI is typically classified as a misdemeanor with several important exceptions.

If a driver is convicted for the fourth time for driving under the influence charges within a span of ten years, it is considered a felony DUI. A felony is punishable by imprisonment in a California prison, with sentencing depending on a number of factors.

• If a driver has other DUI convictions from one or more states, then additional drunk driving charges can end up result a DUI felony. This is especially true if someone is killed or injured by a drunken driver who already has DUI convictions inked into their record.
• If the driver of a vehicle is under the influence of alcohol and drugs and violates traffic laws, commits an illegal act while driving, or causes an accident with injuries, then this act bumps the DUI over to the felony column. On the other hand, if an accident occurred, but was not due to the fault of the drunk driver, then only misdemeanor charges may be applicable.
• When the driver of a commercial vehicle, which requires a class A or B license, has a blood alcohol content (BAC) of 0.04 percent or more and consequently causes an injury or injuries by neglecting any duty which has been imposed by the law then the crime becomes ratcheted up to a felony.
• If a driver is convicted of a felony drunk driving, subsequent convictions face stiffer penalties. The state of California shows little mercy for these offenses and a highly experienced criminal defense lawyer is a must.

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