If you are convicted of DUI in Ventura, the punishment you face could be very severe. A first-time DUI offense carries a sentence of up to six months in county jail and fines of up to $1,000 under VC 23152.
With penalty assessments, your actual fine could total up to $2,000. In addition, the DMV will suspend your driver’s license for up to six months pursuant to California Vehicle Code Section 13352.
Further, if you are convicted under CVC 23152 or CVC 23153 and are put on probation, it will last from 3 to 5 years. During this time you will be required not to drive with any measurable amount of alcohol in your system. You will also be required to complete a driving under the influence program.
These are harsh penalties, which is why it is important to have an experienced Ventura DUI defense attorney helping you if you are accused of DUI. Your attorney can build a solid defense to help you fight these charges.
Prosecution of a DUI in Ventura
In order to understand the defense to DUI, you need to first understand what the prosecution must prove on order to convict you of a DUI. Under California Vehicle Code Section 23152, the prosecutor must prove the following two elements:
- You drove a vehicle, and
- When you drove, you were:
- Under the influence of alcohol and/or drugs such that you were unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances VC 23152(a); OR
- When you drove your blood alcohol level was 0.08% or higher VC 23152(b)
Defenses to DUI Charges (VC 23152)
A skilled DUI defense attorney will be able to raise several defenses to help you fight DUI charges. Our Ventura DUI attorneys at Wallin & Klarich have been successfully defending people accused of DUI for over 30 years, and we know what defenses to use in your case.
One defense that we have successfully used in the past is the rising BAC defense. We may be able to argue that your blood-alcohol level (BAC) did not rise to the level of “under the influence” as defined under VC 23152. There is a rebuttable presumption that you were not under the influence if your BAC was less than 0.05%. This means that the prosecution must present evidence other than your BAC to prove that you were under the influence of alcohol. The prosecution’s job to convict you is made harder in this situation.
Additionally, an experienced Ventura DUI attorney can closely examine the results of your Breathalyzer test. If the test was not conducted properly, the test results may not be used against you in court.
Contact a Ventura DUI Attorney Today
If you or a loved one has been arrested for DUI in Ventura, you need to contact an experienced Ventura DUI attorney right away. Our skilled DUI lawyers have been successfully defending our clients accused of DUI in Ventura for over 30 years. We can help you now.
With offices in Los Angeles, Ventura, Torrance, Orange County, Riverside, San Bernardino, San Diego, Victorville and West Covina, there is an experienced Wallin & Klarich attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.