Drunk Driving Defense
Aside from steep fines and other monetary expenses, a DUI in California can also end up costing you your job, driving privileges, reputation, and your freedom. With so much at stake, you can't afford to take a chance with your case and it certainly doesn't pay to wait. The sooner you learn as much as possible about your legal rights and options for defense, the better your chances are of obtaining a successful DMV hearing and DUI criminal court outcome.
Lawyer Daniel E. Kann has extensive experience successfully resolving DUI cases throughout Ventura County. If you or someone you care about has been arrested for drunk driving, Dan can take swift action to defend your rights and preserve your reputation.
The DMV Hearing and the Criminal Court Process
10 Days to Request a Hearing
After a DUI arrest, a person only has 10 days to contact the Department of Motor Vehicles (DMV) and request a hearing. You will NOT be contacted by the DMV. It is up to you or your attorney to arrange your DMV hearing, otherwise your right to a hearing will expire after 10 days and your driver's license will be suspended automatically after 30 days.
It is certainly advisable for individuals arrested for DUI to consult with an experienced Ventura DUI lawyer as soon as possible after the arrest. An attorney will navigate the DMV hearing process for you from beginning to end, starting with submitting a request for a hearing, having any potential license suspension postponed pending the outcome of the hearing, and requesting materials and evidence essential to your defense.
The DMV hearing is separate and apart from your DUI criminal court matter. The DMV hearing is an administrative proceeding pursued by the California Department of Motor Vehicles, the outcome of which may impact your driving privileges alone. The criminal court process is of course a criminal proceeding that is pursued by a prosecuting agency such as the Ventura County District Attorney's office, the outcome of which may impact not only your driving privileges but also your freedom as jail or prison time is almost always a possibility upon a conviction for DUI in criminal court.
Taking the Steps to Defend Your Rights
Under California Vehicle Code Section 23152 (a), it is against the law for an individual to drive a vehicle if he or she is under the influence of any type of alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug. Under California Vehicle Code Section 23152(b), it is against the law for an individual to drive a vehicle with a blood alcohol level of .08 percent or higher.
Although the law seems simple enough, DUI defense is complex and resolving your case, although a demanding task, is not impossible.
A skilled defense lawyer will examine the details of your case to determine whether you have an affirmative defense to your case in order to have it dismissed or if there is the possibility of having the DUI charge reduced to a less serious charge.
One of the first things that a reliable defense attorney will do is carefully review the initial packet of evidence and information that is obtained from the prosecutor to determine what evidence that may prove your innocence is missing from the initial packet.
In obtaining that evidence from the prosecutor and the arresting law enforcement agency, such as the California Highway Patrol or the Ventura County Sheriff's Department, your attorney will help to build a strong defense on your behalf.
Some factors that your attorney will investigate are whether breath and/or blood testing administered in your case produced false or unreliable results and whether or not law enforcement officers followed the proper procedures required by law during the DUI investigation that led up to your arrest. If chemical test devices are not maintained and calibrated in accordance with California law and if the chemical test is not administered in accordance with the law, you may have a very good defense. If the investigating and arresting officers in your case did not have reasonable suspicion or probable cause to stop you, then a dedicated attorney will file a motion to have the evidence suppressed and your case dismissed.
Please see our DUI Information page for more information on California DUI defense.
Years of Experience on Your Side
To help you through this difficult time, Ventura DUI defense attorney Daniel E. Kann will work diligently to defend your rights and help you navigate the complexities of the criminal justice system. With years of experience helping those arrested for DUI, Dan knows the proper steps to take. For a free consultation, please call (805) 290-4932 today.