DUI Defense Lawyer Ventura - David Lehr
A DUI, or driving under the influence charge, can happen when you least expect it. Possible scenarios include driving home from a restaurant, a family gathering or an office function, or from a bar where you just had a couple of drinks but then made a traffic maneuver that aroused the suspicion of law enforcement and caused you to be stopped, detained and questioned.
Accused of driving under the influence? In California, a DUI charge is a serious legal matter. Never assume that you have no hope of avoiding a conviction. Your case must be fully evaluated to identify any rights violations, police procedural errors, or faulty testing procedures or units, as well as lab results errors that could open the door to a full case dismissal. Let our outstanding legal team at Lehr Lemmon & Associates investigate the facts in your case. Our team includes a former prosecuting attorney that knows the inside story on where DUI cases can go wrong, and how to craft a winning strategy. Call now.
If you are facing drunk driving charges, you will need experienced legal representation to defend you and to ensure protection of your legal rights. In a DUI case, you face loss of your driving privileges unless you file a timely request (10 days) for a per se administrative hearing before the Department of Motor Vehicles. Our office handles this proceeding in conjunction with your criminal charges.
Under California law, it is illegal to drive under the influence pursuant to CVC Section 23152, which sets the blood alcohol content (BAC) limit at 0.08%. Should your BAC be at this level or higher, you are legally presumed to be under the influence. Even if you have a BAC that is under the legal limit of 0.08%, you may still be charged if the arresting officer felt you were nonetheless driving while impaired.
Reasons for Stopping Your Vehicle
A law enforcement officer may stop your vehicle if your driving conduct elicits suspicion or if you violate a traffic law. Common reasons for stopping and detaining a driver include:
- Speeding
- Traveling the wrong way on a one-way street
- Non-functioning tail light
- No headlights on at night
- Becoming involved in an accident
- Weaving in your traffic lane
- Traveling well below the speed limit
- Failure to completely stop at a stop sign
- Entering an intersection on a red traffic signal
- DUI traffic stop
Any of these justify stopping you and leading to further investigation by the officer if you are suspected of drinking.
Field Sobriety and Chemical Testing
If the officer feels you may be under the influence, he or she will likely ask you to perform certain coordination or sobriety tests. People who are fatigued, have a medical condition or feel under duress to perform them well regardless of whether they have been drinking often do poorly. Our attorneys often argue successfully at trial that these tests can be difficult to perform even under optimal conditions..
Signs of Impairment or Intoxication
Once you are stopped, the officer will look for these signs of intoxication:
- Watery, bloodshot eyes
- Slurred or mumbling speech
- Admission of drinking
- Odor of alcohol
- Empty alcoholic beverage cans or bottles in plain sight in your car
- Inability to understand the officer’s instructions or questions
Field Sobriety and Chemical Testing
If the officer feels you may be under the influence, he or she will likely ask you to perform certain coordination or sobriety tests. People who are fatigued, have a medical condition or feel under duress to perform them well regardless of whether they have been drinking often do poorly. Our attorneys often argue successfully at trial that these tests can be difficult to perform even under optimal conditions..
You may also be asked to blow into a hand-held preliminary alcohol screening (PAS) device. Regarding chemical testing, California has an implied consent law that requires all motorists who are suspected of being under the influence to submit to a test of their blood alcohol. If you refuse to take the test, except under very unusual circumstances, you will face these additional consequences:
- Your driving privileges will be suspended for at least one year with no restricted license availability
- You face increased jail time
- Your refusal may be used as evidence of your intoxication at trial
Consequences of a DUI Conviction
A DUI is generally a misdemeanor, though it can be charged as a felony if it is your fourth DUI in 10 years or you caused a serious injury or fatal accident. As first offender, you may spend a weekend in a facility, pay a fine of several thousand dollars and participate in a DUI class. Your license is under suspension for several months but you can obtain a restricted license for travel to and from work or the DUI classes only, unless you unreasonably refused chemical testing. Expect your insurance premiums to increase substantially too.
Subsequent offenses will result in mandatory minimum jail time, increased fines, loss of your license for a longer period and installation of an ignition interlock system on your vehicle. Also, regardless of whether this is your first DUI conviction, there are other aggravating circumstances that will result in a longer jail sentence, including:
- Having a BAC of .15% or higher
- Driving under the influence with a passenger who is 14 years of age or younger
- Causing an injury accident or fatality
- Speeding more than 20 miles over the speed limit
- Refusing to be tested
As noted, you face felony charges if you seriously injured or killed someone and felony child endangerment if you had a young passenger under these circumstances.
