Ventura DUI Attorneys

A History of California’s Drunk Driving Laws

California legislature introduced the first drunk driving law in 1911. At the time, the law simply stated that it was unlawful to “drive under the influence.” The law was somewhat vague, and lobbyists quickly began to seek more severe DUI regulations.

By the 1980s, an organization called Mothers Against Drunk Driving (MADD) persuaded California to rewrite its DUI laws, which opened the door for significant changes in the way that DUI charges were defended and prosecuted.

By 1981, California modified its laws to prohibit driving under the influence with a BAC that exceeded .10%. In 1989, the threshold was lowered to .08% and the state introduced DUI causing injury laws.

BAC and Alcohol Impairment

Each person is uniquely affected by alcohol. It is impossible to predict the level of alcohol impairment. For example, your body weight, diet, and metabolism can determine how alcohol will affect your ability to function.

Generally speaking, the percentage of alcohol in your bloodstream will influence your ability to drive in the following ways:

• 0.010%–0.029% – Low BAC levels can only be detected with special testing. The average person will not exhibit signs of impairment at this level.
• 0.030%–%0.059% – At this BAC level, the individual may exhibit fewer inhibitions, mild euphoria, relaxation, and talkativeness. Although a BAC of .059% is below the legal driving limit, it can result in impaired concentration behind the wheel.
• 0.06%–0.09% – Reasoning, visual perception, peripheral vision, glare recovery, and depth perception may be impaired at this level of intoxication. Individuals with a BAC that exceeds .06% may show uninhibited behavior, extroversion, and blunt feelings.
• 0.10%–0.19% – It is illegal to drive at this level of impairment. If your BAC reaches .10%, you may become over-expressive, angry, emotional, or sad. Additionally, your reflexes, gross motor skills, reaction time, and ability to speak clearly could be impaired.
• 0.20%–0.29% – a BAC that exceeds .20% can be dangerous. At this level, individuals may lose their ability to understand or lose consciousness. Stupor, memory blackouts, and alcohol poisoning are common at this level of impairment.

How Do Police Determine BAC?

BAC can be determined using field sobriety tests or chemical testing. Field sobriety testing involves a series of instructions and physical tasks. These tasks are easy for most unimpaired drivers to complete but may be difficult for an impaired driver to execute properly. Law enforcement may also use chemical testing to determine a driver’s BAC. Chemical tests include breathalyzer tests, blood tests, and urine tests.

Is a DUI a Misdemeanor or a Felony in California?

Drunk driving can be charged as a misdemeanor or felony offense, depending on the unique circumstances surrounding each case. In most cases, drunk driving is considered a misdemeanor offense. However, extenuating circumstances can result in a felony accusation instead.

Generally speaking, there are three reasons that a California drunk driving accusation could be enhanced to a felony:

• The driver caused an injury or death
• The driver has three or more prior DUI convictions
• The driver has a previous felony DUI conviction

First-Time DUI

Ventura County is regarded as one of the toughest jurisdictions on drunk and drugged driving in the state of California. This means that if you stand accused of DUI, you can expect aggressive prosecution and serious criminal penalties. In addition, DUI convictions can result in numerous other consequences in your personal, professional, and financial life – including an impact on your ability to find gainful employment.

What Can Cause Enhanced Charges?

According to the California Vehicle Code, you could face enhanced charges if law enforcement believes that you drove under the influence of drugs or alcohol and harmed another person. If convicted, you may be subject to stiffer fines, longer periods of incarceration, and restitution to all injured parties. In other words, you could owe financial compensation to any person who suffered an injury as a result of the DUI.

Other factors can result in heightened charges as well.

• If your blood alcohol content (BAC) exceeds .15% – about twice the legal limit – you could face additional penalties.
• If you refuse to submit to submit to chemical testing, such as blood or breath testing, the court may decide to increase the penalties associated with your charge.
• Excessive speeding can also affect the penalties connected to a first-time DUI conviction.
• If you are convicted of driving under the influence with a child passenger in the car, you could face child endangerment charges with the DUI charges.

First-Time DUI Penalties in California

A standard, first-time DUI offense in California is punishable by:

• Informal probation (between three and five years)
• Incarceration (up to six months in a county jail)
• Fines (ranging from $390 to $1,000)
• Alcohol/Drug Education Program (three months)
• Driver’s License Suspension (up to six months)

If you are unable to pay the fine, this penalty can be exchanged for 13 days in jail or 13 days of Cal-Trans roadside work. The penalties for a first DUI in California may vary by county and are not restricted to these consequences; certain variables can trigger heightened penalties, depending on the level of property damage and injury related to your arrest. Every case is different, and the penalties you face will depend on the unique circumstances of your case – especially if you have prior DUI convictions. Get defense from our DUI lawyers in Ventura County.

You Can Lose Your Driver’s License after a First-Time DUI Arrest

When law enforcement arrests you for suspicion of drunk driving, the DMV will automatically suspend your driver’s license unless you schedule an administrative license suspension hearing within ten days. In other words, the DMV can suspend your driver’s license even if the court hasn’t found you guilty of DUI. If you lose the administrative license hearing, you could face a license suspension. Additionally, the court could take away your driving privilege if you are convicted of driving under the influence.

Second DUI

A second DUI offense within 10 years of a previous DUI conviction will result in increased penalties. Typically, a second offense will subject a convicted offender to longer terms of imprisonment, longer alcohol education classes, and steeper fines. Second DUIs also lead to enhanced license penalties, including longer license suspension terms and longer periods of restricted driving. In Ventura County and Los Angeles County, individuals may also be required to install an ignition interlock device (IID) on their vehicle in order to drive.

Second DUI offenses are punishable by:

• Probation (three to five years)
• Jail (minimum of 96 hours to one year)
• Fines (between $390 and $1,000)
• Education Program (18- to 30-month)
• Driver’s License Suspension (two years)
• Restricted Driver’s License (available after six months)

Third DUI

​After your third DUI offense, the DMV may label you as a “habitual offender.” You may be sentenced to the following:

• Probation (three years and five years)
• Jail (between 120 days and one year)
• Fine ($1,000)
• DUI Education Program (30-months)
• Driver’s License Revocation (up to three years)

Fourth DUI

In California, a fourth DUI is a felony offense. As such, the penalties are harsh and may include steep fines and up to four years in state prison. A fourth DUI is an extremely serious offense, and anyone facing these allegations should make retaining experienced legal representation their first priority.

As a state that poses some of the harshest DUI laws in the nation, California comes down hard on multiple offenders. Individuals with a prior DUI conviction within the 10-year look-back period must be aware that they face aggressive prosecution and potentially life-altering penalties.

At Lessem, Newstat & Tooson, LLP our Ventura DUI lawyers do everything in our power to preserve our clients’ freedoms and work relentlessly to have charges dismissed or reduced or to fight for alternative sentencing options that keep them from behind bars.

DUI Causing Injury or Death

Under California Vehicle Code §23153, DUI causing injury or death can be charged as a felony criminal offense.

To face a conviction, the prosecution must demonstrate two things:

• The defendant drove under the influence of alcohol or drugs;
• The defendant committed an additional act of negligence or traffic violation that caused the injury or death of another person.

For example, a driver could face charges of DUI causing injury if he/she ran a red light and caused an accident while driving drunk. If the driver stopped at the light and another motorist rear-ended the drunk driver, the intoxicated driver could face standard DUI charges instead.

According to California law, there are three different types of injury-related felony DUI charges:

• DUI causing injury
• DUI vehicular manslaughter
• DUI second-degree murder

California DUI Causing Injury Penalties

DUI with injury may result in a felony or misdemeanor charge. If convicted of misdemeanor DUI with injury, you may be subject to the following penalties:

• Three to five years of informal probation
• Incarceration in a county jail for five days to one year
• A $390 to $1,000 fine
• An 18-month or 30-month alcohol program
• License restriction for one to three years
• Restitution for injured persons

Felony DUI is punishable by at least 16 months in state prison. You may be sentenced to ten years in a California state prison with an additional six years of incarceration, depending on the severity and number of injuries. Felony DUI with injury is also punishable by a $5,000 fine and enrollment in a 30-month alcohol program. The DMV may label you as a habitual traffic offender for three years and, like misdemeanor DUI with injury, you may be required to pay restitution to each person who suffered an injury.

DUI with a Minor Passenger

Not every DUI arrest is legitimate. The presence of a child in the car may cause law enforcement to make an overzealous assumption that a driver is impaired. California drunk driving laws are strict. It doesn’t matter if you didn’t intend to hurt the child; you can face enhanced penalties for driving under the influence with a minor in the car.

According to California Vehicle Code §23572, any driver convicted of a misdemeanor DUI with a child in the car may be subject to the following penalties:

• First offense – The court may order six months of incarceration and a $1,000 fine to any person convicted of misdemeanor DUI for the first time. If a child is present, the defendant can face an additional 48 consecutive hours in county jail.
• Second offense – Second offense penalties only apply if the driver is arrested for drunk driving twice within ten years. In addition to standard DUI penalties, the driver may face ten days in a county jail.
• Third offense – If convicted of drunk driving three times in ten years, the court may label you as a “habitual traffic offender.” If the third offense involved a minor passenger, the court may order an additional 30 days of incarceration.
• Subsequent offenses – Fourth and subsequent offenses (within ten years) are punishable by one year of incarceration and a $1,000 fine. You may also lose your driving privileges. If a child passenger was involved, the court can order an additional 90 days of incarceration.

Drunk Driving and the California Child Endangerment Law

California Penal Code §270-273.76 describes California’s child endangerment laws. If law enforcement believes that you drove under the influence of alcohol with a child in the car, the prosecution can elect to charge you with DUI enhanced penalties, child endangerment, or both offenses. Child endangerment can be charged as a misdemeanor or a felony offense, depending on the circumstances surrounding your case.

Misdemeanor child endangerment is punishable by one year in jail, while a felony conviction may result in six years of incarceration.

Common DUI Defense Strategies

While facing an arrest is full of uncertainty, a skilled DUI lawyer can employ effective defense strategies to help you avoid a conviction. These strategies are based on flaws in common prosecution tactics as well as our team’s ability to identify weak evidence.

Arguing That a Driving Pattern Is Not in and of Itself an Indicator of a Driver Being Drunk

Sometimes, police officers stop a motorist because he/she exhibited driving patterns that seemed consistent with the behavior of a drunk driver. These patterns usually include speeding, driving slowly, weaving in and out of traffic, and making frequent lane changes.

In reality, these characteristics do not indicate that a driver is under the influence alcohol or drugs. While these habits may not be safe, they are often committed by sober drivers too. The National Highway Traffic Safety Administration (NHTSA) does not identify speed, etc., as an indication that a driver is drunk.

A skilled DUI attorney can demonstrate the weakness of this argument if prosecutors attempt to use it against you in court.

Questioning the Accuracy of a Field Sobriety Test

Field sobriety testing was developed by the NHTSA to help law enforcement officers identify drunk drivers.

There are three basic field sobriety tests:

• The Horizontal Gaze Nystagmus (HGN) Test: HGN refers to a specific type of involuntary eye movement. This slight jerking movement usually occurs when the eyeball is rotated to the fullest peripheral. However, intoxication can make this sensation occur at other times. Additionally, the movement may be exaggerated when a driver is drunk. During the HGN test, a law enforcement officer will hold a small flashlight, pen, or other object in front of the suspect’s eyes. As the officer moves the object back and forth, he/she will observe the subject’s reaction to it. If the subject’s eye begins to jerk within 45 degrees of the eyeball center, the driver could fail the HGN test.
• The Walk and Turn: The Walk-and-Turn test is a “divided attention” test. In other words, it requires the subject to follow simple instructions while completing a task. Divided attention tests are easy for unimpaired individuals to complete. During the Walk-and-Turn, law enforcement asks the subject to take nine heel-to-toe steps on a line, turn on one foot, and take nine steps back to the beginning of the test. If the subject uses his/her arms to balance, doesn’t walk heel-to-toe, or takes the wrong number of steps, he/she may be arrested for drunk driving.
• The One-Leg Stand: The one-leg stand test is another “divided attention” test. During the test, police officers instruct the subject to stand on one leg and count out loud by the thousands until instructed to put his/her foot back on the ground. This test can be failed in several ways. If the subject puts his/her foot down, has to regain his/her balance, or sways back and forth during the test, he/she may be arrested for drunk driving. This test is 83% accurate.

Although these tests are not always accurate when used by themselves, police are able to identify drunk drivers about 91% of the time when all three sobriety tests are used. However, this means that nearly ten percent of field sobriety tests are inaccurate.

For example, a clumsy person could easily fail the “Walk and Turn” test. These inaccurate test methods could easily lead to a wrongful DUI arrest.

Questioning the Accuracy of a BAC Test

Although breathalyzer tests have become the go-to method for testing BAC levels, they are far from perfect. In fact, there is a great deal of data that shows how inaccurate breath tests can be.

The term “mouth alcohol” refers to trace amounts of alcohol that remain in your mouth for a short time after coming in contact with an alcoholic substance. Medicines, cough syrup, mouthwash, and acid reflux can cause mouth alcohol.

Breath testing is designed to measure the level of alcohol in your bloodstream by collecting air from inside your lungs. However, breathalyzer tests can be affected by mouth alcohol as well. For example, breath testing may indicate alcohol in your system if you just used mouthwash or cough syrup. Thus, breath testing can easily lead to false BAC readings.

When defending clients charged with DUI, we work to highlight the margin of error inherent to these tests. We also secure calibration records for testing devices used by officers to ensure that they are regularly maintained. If there is evidence that breathalyzers were not routinely calibrated, for example, it can be used to show that the results of a breath test were inaccurate.

Blood tests also have a certain margin of error that can be highlighted during the defense process. Rising BAC levels and improper blood draws are common defense strategies. Just as with breathalyzer tests, blood tests are in no way perfect.

Proving Proper Arrest Procedures Were Not Followed

During an arrest, officers are required to follow proper DUI investigation and arrest procedures. If the DUI process is not followed correctly, the arrest could be considered wrongful.

For instance, officers must have probable cause to believe that you drove under the influence of alcohol or drugs. An officer might mention the smell or alcohol emanating from the driver’s person or an empty alcoholic container as “probable cause” for DUI.

The arresting officer must be able to articulate the specific reasons that he/she believes you were under the influence of drugs or alcohol at the time of your arrest. Without probable cause, the prosecution should not be able to convict you of driving under the influence.

Although the law does not specify the articulable facts that constitute probable cause for a DUI investigation, police reports usually indicate one or more of the following:

• The driver had an open container or alcohol in the car
• The driver smelled like alcohol
• The driver’s eyes were watery
• The driver’s face was red
• The driver exhibited any symptom of intoxication

Without one of these facts (or similar evidence), any chemical testing or field sobriety tests conducted after the traffic stop may not be admissible in court.

Suppression of Evidence

California allows defendants the opportunity to suppress any evidence held against them that was obtained without probable cause. This law applies to DUI cases as well. Although suppression hearings are not always successful, defense lawyers often use them as part of a case strategy.

In a DUI case, you may be able to file a successful motion to suppress evidence if the arresting officer:

• Pulled you over, even though you didn’t commit a traffic infraction
• Detained you without any symptoms of intoxication
• Arrested you even though you passed field sobriety testing
• Arrested you even though you had one drink and were not intoxicated

Start Building Your Defense Today With Our Ventura DUI Lawyers

Lessem, Newstat & Tooson, LLP is a DUI law firm that offers high-quality legal representation to individuals accused of drunk driving in Ventura and the surrounding areas. We believe that a successful DUI defense strategy is founded on skill. That’s why our team has spent decades working to create effective DUI defense techniques. Today, our lawyers are prepared to use this knowledge to help clients like you avoid the consequences of any type of drunk driving charge in California.