Types of DUI Charges in Ventura, CA

Prescription Drugs

According to California’s DUI laws, it is unlawful to operate a motor vehicle under the influence of any drug or controlled substance, including prescription drugs. Sleep aids and painkillers are two of the most common prescription drugs associated with this type of DUI.

During a DUID investigation, the arresting officer will gather evidence against you with the help of a Drug Recognition Evaluator (DRE) – officers who are trained to recognize symptoms of drug impairment. If convicted of a prescription drug DUI, you will be subject to the same penalties as if you drove under the influence of alcohol. At Lessem, Newstat & Tooson, LLP, our Ventura DUI attorneys can help you avoid an unfair prescription drug conviction.

DUI Causing Injury

Drunk driving is a serious criminal charge, especially if you are convicted of DUI causing injury – a specific DUI charge delineated in CA Vehicle Code §23153 (a). According to California DUI law, it is unlawful to drive under the influence of drugs or alcohol. Additionally, it is a separate offense to drive under the influence and injure an innocent third party.

The penalties for an injury-related DUI can be significantly more severe than standard drunk driving. Depending on the circumstances surrounding your case, a DUI with injury allegation may be charged as a felony offense, resulting in even stiffer legal consequences.

DUI with Minor Passenger

According to California Vehicle Code § 23572, you could face enhanced legal penalties for driving under the influence of alcohol or drugs with a child in the car. California law defines a “minor passenger” as anyone under the age of 14.

It doesn’t matter if you intended to keep the child safe, drove safely, or were barley over the legal limit; you could face a California DUI with enhanced penalties for driving under the influence of alcohol or drugs with a child in the car. If convicted of DUI with a minor passenger, you could face additional jail time, fines, and probation. However, you cannot face enhanced penalties if convicted of child endangerment for the same incident.

Felony DUI

In California, driving under the influence can be a misdemeanor or felony charge, depending on the circumstances surrounding your arrest. These circumstances are called “aggravating circumstances” and include injuries, death, prior DUIs, and prior felony DUIs. For instance, if prosecution determines that you drove under the influence of alcohol and that your actions resulted in the injury or death of another person. If you have three or more prior DUI offenses within ten years, any subsequent DUIs could be charged as felonies. In this situation, “wet reckless offenses” can count against your criminal record as a DUI offense.

First DUI

You might assume that a first-time DUI offense will not lead to serious criminal penalties, especially if your criminal record is clean. In reality, your first DUI can lead to incarceration, probation, fines, license suspension, DUI school, and other consequences. If prosecutors believe that you drove under the influence and harmed another person, your first offense could be a felony DUI. After any DUI arrest, the DMV will automatically suspend your driver’s license unless you request a driver’s license suspension hearing with the DMV. If you were arrested for a first DUI offense, our Ventura DUI attorneys can help you avoid the consequences of a conviction.

Multiple DUI

After your first DUI conviction, it is even more important to protect your reputation and freedom from subsequent DUIs. Multiple prior DUI offenses can result in very serious legal consequences. According to California law, drunk driving is a “priorable” offense. In other words, past convictions can accumulate, leading to more severe penalties for future DUIs. After three convictions, your fourth offense will automatically be charged as a felony. Only one previous felony DUI is needed to charge subsequence drunk driving arrests as felonies. Expunged DUIs also count as prioable offenses.

Out of State DUI

If you are not a resident of California but were arrested in Ventura, CA for driving under the influence of drugs or alcohol, you are subject to the same penalties as California drivers. As experienced DUI lawyers in Ventura, we are familiar with state laws and the local legal community. If you were arrested, you may need to appear in a California court for DUI proceedings. This is not only inconvenient, but could result in financial difficulty for you and your family. Our team can help you negotiate the ins and outs of an out-of-state DUI so that you stand the best possible chance of obtaining a favorable case outcome.

Underage DUI

According to CA Vehicle Code § 23136(a), persons under the age of 21 cannot legally operate a motor vehicle with a BAC that equals or exceeds .01%. This zero-tolerance rule can result in unfair underage DUI arrests. For example, mouth wash and cough syrups can lead to inaccurate breath testing. Additionally, an underage DUI can lead to the same legal consequences as a stand drunk driving conviction, depending on the unique circumstances surrounding the arrest.