Frequently Asked DUI Questions
Our Ventura DUI Lawyers Have Answers
Arrested for drunk driving in Ventura, CA? Our team of Ventura DUI lawyers can help you combat even the toughest DUI allegations. We offer aggressive, skilled, and effective legal guidance and representation to clients in a broad range of DUI-related offense, including felony DUI, underage DUI, and first-time DUI. After a DUI arrest, you probably have a lot of questions: Will I go to jail? Will I lose my driver's license? These are legitimate questions with real answers. Let an attorney from Lessem, Newstat & Tooson, LLP help you find a solution. Below, you will find the answers to some common DUI-related questions.
If you need additional information about your unique legal circumstances, call our office and speak with an attorney from Lessem, Newstat & Tooson, LLP today.
Can I be arrested for driving with a BAC that is less than .08%?
Yes. According to California Vehicle Code §23152(a), it is unlawful to operate a motor vehicle under the influence of alcohol or drugs. California Vehicle Code §23152(b) states that it is unlawful to drive with a blood alcohol concentration (BAC) that equals or exceeds .08%. This means that, in order to face a DUI arrest, you only have to drive "under the influence." However, a person's ability to safely operate a motor vehicle could be affected when his/her BAC is less than .08%. Thus, you could be arrested and convicted of drunk driving with a BAC of .07%.
My BAC was more than .08%. Can I still will my DMV hearing?
Yes. If tests indicate that your BAC was over the legal limit, you can still win your DMV license suspension hearing. During the hearing, the DMV will determine whether or not the chemical testing used to measure your BAC was administered correctly. For example, if the officer that conducted the breath test was not properly trained, the DMV may decide to set aside your mandatory license suspension. If law enforcement used a blood test to determine your BAC, the DMV may allow you to keep your license if the test was not administered properly.
Why can't I hire a public defender?
A DUI conviction can easily cost $10,000. With this in mind, you might be tempted to seek the help of a public defender. However, you must be able to demonstrate that you are financially unable to hire an attorney. Although many public defenders are dedicated to their work, they do not restrict their case loads to provide each client with the car and attention to detail that each case deserves. When you work with DUI defense attorney, you can have peace of mind knowing that your case is in good hands. When you work with an experienced DUI defense lawyer, you don't have to worry about your case getting lost in the crowd.
My BAC was more than .08%, should I plead guilty?
No, you do not have to enter a guilty plea, even if your BAC exceeded the legal limit. Our team can help you establish a strong case to combat virtually any DUI charge, even if you feel like the evidence is stacked against you. For instance, you may not be convicted of drunk driving if law enforcement failed to conduct the chemical testing correctly. If you were arrested for failing a field sobriety test, a skilled defense lawyer can help you demonstrate that the test was inaccurate. Other common factors include faulty machinery and procedural errors.
How long do I have to request a driver's license hearing after my arrest?
You only have ten day sot request a driver's license suspension hearing. After your arrest, the DMV will automatically suspend your driver's license for thirty days unless you schedule a driver's license hearing. At the hearing, an attorney can help you demonstrate that your license should not be suspended. After an arrest, you should not wait to schedule a hearing, even if you have a good case.
What is "wet reckless driving?"
Wet reckless driving is a criminal charge that can only be used as a plea bargain. In other words, you cannot be initially charged with wet reckless driving. Generally speaking, we reckless driving can be offered as a plea bargain after you are arrested and charged with drunk driving. The term "wet reckless" driving implies that you committed a traffic offense that involved alcohol or drugs. Wet reckless driving can also involve drug impairment. Although the penalties for wet reckless driving are usually less severe than drunk driving, it can still result in probation, fines, and other consequences. Additionally, your insurance company may treat a wet reckless offense like a DUI.
Law enforcement did not read my Miranda rights; will the judge dismiss my case?
Not necessarily. The police are only obligated to read your Miranda rights if you are in custody and being interrogated. In other words, law enforcement does not have to read your rights if they do not ask you questions about the DUI. Even if police neglected to read your rights, your case will not be automatically dismissed. Instead, the court may deem anything that you said after you were taken into custody as inadmissible in court as evidence against you.