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What To Do After a Ventura DUI

Understanding Ventura DUI Charges

Ventura First Offense DUI

Ventura Second Offense DUI

Ventura Third Offense DUI

Ventura Fourth Offense DUI

Ventura Felony DUI

Ventura DUI First Offender Program

Ventura DUI Related Offenses

Ventura DUI Reduced Offenses

Ventura DUI Alcohol Programs

California Vehicle Code 23152(a)

California Vehicle Code 23152(b)

Appeal a Bad Ventura DMV Decision

Field Sobriety Tests

Enhancements for Ventura DUI

Los Angeles County Courts

Ventura County Courts

 

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FIRST OFFENSE DUI IN VENTURA

California Vehicle Code 23152(a) or (b)

A 1st offense DUI allegation in Ventura County is treated much differently than in other counties. One of the most important distinctions is that the prosecutors are not permitted to reduce a Ventura DUI to a lesser offense such as wet reckless driving, dry reckless driving, or an exhibition of speed. This is important to note because you must know at the outset that the DAs office does not reduce Ventura DUI offenses, so there is no negotiations for lesser offenses. However, there is room for negotiating a plea bargain in that an experienced Ventura DUI attorney can help reduce the amount of days of work release, the length of the ordered alcohol program, and possibly minimizing or eliminating jail time.

When you are charged with a DUI, you have to fight

 

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Someone who is convicted of a 1st offense DUI in Ventura County faces various consequences usually depending on their BAC level, whether there are separate charges aside from the DUI, or other enhancing factors that may even carry mandatory minimum jail time. We are often able to negotiate plea bargain deals where various charges get dismissed, and alternative sentencing is imposed instead of jail time.

BUYER BEWARE: When you arrested for a DUI, you have to defend yourself at BOTH court and the DMV. A good Ventura DUI attorney will handle BOTH your court and your DMV appearances. Beware of bargain-basement or less experienced Ventura DUI attorneys who only handle the court part and neglect to tell you about the responsibilities on the DMV side.

In a 1st offense DUI, where the individual has no criminal history, and their BAC is below .15%, they should be offered an option to do 5 or less days work release. We can get credit for the time served towards the work release of jail time.

In low BAC cases, meaning near .08%, the prosecutor will often offer credit for time served, no work release, a 3-month AB-541 alcohol program, a fine, and a 3-year formal probation. However, these cases will not be reduced to a lesser offense. It is important to contact an experienced Ventura attorney that has a track record of success, and has good relationships with prosecutors in Ventura County. Even though these cases do not get reduced, they can get dismissed either by the DAs office or after trial.

Standard terms and conditions for someone convicted of a 1st offense DUI in Ventura is:

36 months of formal probation - this is also known as supervised probation with a probation officer. Even though you may not have to continually report to a probation officer, you will be required to mail in a sworn checklist regarding any violations of probation. Thus, if arrested in any county during the time of probation, you will be required to report it.

Fines and various fees that total over $3,800.00 these fees are substantially higher than other counties mainly due to the probation fees.

Alcohol Program someone whos BAC is below .15%, will be offered a mandatory 3-month alcohol program. If the BAC is above .15%, the prosecutor may try to ask for a 9 month alcohol program, and an admission to an enhancement for a high BAC. If someones BAC is above .20%, the prosecutor will definitely ask for an admission to the enhancement allegation and a 9-month alcohol program. However, an experienced Ventura DUI attorney could help convince the prosecutor that the BAC was below this level at the time of driving, and have the allegation stricken. The cost of the 9-month program is double the cost than the 3 month program.

In a refusal allegation, the prosecutor will ask for 9-month program and an admission to the refusal. This is also something that can be stricken by the prosecutor, and eliminated during the course of negotiations.

Jail Someone who is charged with a Ventura DUI and a high BAC, or a refusal, or some other special allegation, may be required to do mandatory jail time. But, a good Ventura DUI attorney can negotiate to either strike the allegation, or obtain alternative sentencing instead of jail.

Work Release Some of the options instead of jail are work release, or work furlough. Work release is similar to community labor, while work furlough is a program for those who have a job during the day, but must stay in a work furlough facility located in Camarillo at 12 hours per day. You must be a resident of Ventura County to be eligible for work furlough. Usually you end up doing half time you are sentenced to in work furlough.

Drivers License Suspension there is also a 6-month drivers license suspension which you are only permitted to drive to work and to the alcohol program.

On the DMV side, someone who is convicted of a 1st offense DUI in Ventura must serve a one month no driving suspension, and a five month restricted license. Unlike some counties that have an Ignition Interlock Device (IID) requirement, Ventura County does not have this requirement for a first offense DUI. Thus, even if convicted in court, you will not be required by the DMV to install and IID.

Ben Mironer is a seasoned attorney in the Ventura County Hall of Justice courthouse, with a track record of success of getting amazing plea bargain results, cases dismissed, and jury trial acquittals.

 

Ventura Case Results

 

                     
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