Penalties

Ventura DUI – Penalties

The penalties for a DUI in Ventura County are among the harshest in the state. Whereas in many counties a first time DUI will not result in jail time, the Ventura County District Attorney's Office frequently seeks jail time on first time DUI cases, even those without an accident. The form and terms of probation are also stricter, the fines and fees are higher, and the alcohol school is often longer and almost always more expensive. As a result, it is imperative that your attorney be familiar with the practices  of how Ventura DUI cases are prosecuted, so that your case can be properly defended and/or mitigated.

The following is a summary of the penalties for a DUI conviction in Ventura County in 2013. While every attempt has been made to cover the large majority of Ventura DUI cases, there are certain issues not covered below that can result in even tougher penalties, such as refusing the chemical test, causing an injury or having a child under the age of 14 in the car. Please keep in mind that these penalties will only apply if you are convicted, and do not reflect the effects of mitigating your case.

First Time Ventura DUI Penalties

If this is the first time you have ever been arrested for a DUI, you will be faced with the following penalties. If you have a prior DUI that is older than 10 years, even though is does not legally county as a prior DUI, the Ventura District Attorney will attempt to punish you even more harshly than the below.

Standard: No accident, BAC < 0.15%, No Other Enhancements

                         Jail Time                     48 Hours or 5 Days of Work Release

                         Probation:                   36 Months of Formal Probation

                         Fines and Fees:          $3800

                         Alcohol School:           3 Month Drinking Driver Program (AB 541)

                         Ignition Interlock:         No     

                         License Suspension:     6 Months

                         Alcohol Terms:            No     

Aggravated: High BAC, Accident

In aggravated first time Ventura DUI cases, the already strict Ventura DUI penalties are even tougher. For example, if your alcohol level is above 0.15%, you will have to attend the 9 month alcohol school, and you will not be able to use, possess or consume alcohol or be any place where it is the chief item of sale, such as bars or nightclubs. The prosectution will also attempt to force  you to install an Ignition Interlock Device in your car. If your case involved an accident, you will not be eligible for work release and must serve a minimum of 48 hours of jail time.

If your alcohol level is above 0.20%, in addition to the 0.15% enhancements mentioned above, you will not be eligible for Work Release and must serve 48 hours of jail time. Especially bad accidents may result in an even longer jail sentence, particularly if your alcohol level is above 0.20%.

Second Time Ventura DUI Penalties

If you have a prior DUI conviction within the last 10 years, you will be faced with the following penalties. If the prior DUI is especially recent, the below punishment will be harsher, particularly if you are still on probation for the prior DUI. In addition to the below, the DMV may also independently suspend your license, unrelated to the conviction for the second time DUI in court. Please keep in mind that these penalties will only apply if you are convicted, and do not reflect the effects of mitigating your case.

Standard: No accident, BAC < 0.15%, No Other Enhancements, No Probation Violation

                         Jail Time                     Minimum of 25 days, possibility of Work Furlough

                         Probation:                   60 Months of Formal Probation, Required Reporting.

                         Fines and Fees:          $3800

                         Alcohol School:           18 Month Drinking Driver Program

                         Ignition Interlock:         Mandatory   

                         License Suspension:     1 Year

                         Alcohol Terms:            Mandatory

Aggravated: High BAC, Accident

In aggravated second time Ventura DUI cases, the already strict Ventura DUI penalties are even tougher. If your alcohol level is above 0.15%, the amount of jail time you are facing may be as high as 45 days. If you were also involved in accident, the amount of jail time will be even higher.

If your alcohol level is above 0.20%, or if you were involved in an especially bad accident, you could be looking at as much as 90 days in jail. If you are still on probation for your prior DUI, you can expect to serve an 15 days of jail time, in addition to the jail time imposed on the current case.

 

Third Time Ventura DUI Penalties

If you have two prior DUI convictions within the last 10 years, you will be faced with the following penalties, including a state-wide mandatory minimum of 120 days in jail. If the prior DUIs are especially recent, the below punishment will be harsher, particularly if you are still on probation for the prior DUIs. In addition to the below, the DMV may also independently suspend your license, unrelated to the conviction for the third time DUI in court. Please keep in mind that these penalties will only apply if you are convicted, and do not reflect the effects of mitigating your case.

Standard: No accident, BAC < 0.15%, No Other Enhancements, No Probation Violation

                         Jail Time                     Mandatory Minimum of 120 days, possibility of Work Furlough

                         Probation:                   60 Months of Formal Probation, Required Reporting.

                         Fines and Fees:          $3800

                         Alcohol School:           18 Month Drinking Driver Program

                         Ignition Interlock:         Mandatory  

                         License Suspension:     Up to 3 Years

                         Alcohol Terms:            Mandatory

Aggravated: High BAC, Accident

In aggravated third time Ventura DUI cases, the already strict Ventura DUI penalties are even tougher. If your alcohol level is above 0.15%, the amount of jail time you are facing may be as high as 145 days. If you were also involved in accident, the amount of jail time will be even higher.

If your alcohol level is above 0.20%, or if you were involved in an especially bad accident, you could be looking at as much as 180 days in jail. If you are still on probation for your prior DUIs, you can expect to serve an 15 days of jail time for each probation violation, in addition to the jail time imposed on the current case.

Fourth Time Ventura DUI Penalties

A fourth DUI within 10 years is a felony, subjecting you to felony probation and possible prison time.

Ventura DUI Attorney Jasen Nielsen

As a former Ventura DUI Prosecutor, I know how your case will be prosecuted and what factors will be used in the penalties that are sought, including aggravating factors that may result in special allegations and even harsher penalties. As an experienced defense attorney, I have an established track record of achieving excellent results for hundreds of satisfied clients. I also have good relationships with the judges and prosecutors, and know what can be done to mitigate those cases that cannot be won. If you have been arrested for a DUI in Ventura County, please call me today at (805)564-4DUI for a free consultation.

Keep Driving

After a DUI, you only have 10 days to request a hearing with the DMV. If you don't, your license will automatically be suspended, and you won't be able to drive at all for 30 days - not even to work! Give me a call today and I'll request your hearing for you so you can keep driving.

Experience Gets Results

DUI punishment is always increasing, and the penalties are always getting stiffer. Even on a first offense, jail time is a real possibility, in addition to a host of other potential consequences, including the suspension of your license, probation, fines and fees and more. I am ready today to fight your case if can be won and to help you minimize the charges and punishment if it cannot. Check out my client reviews and success stories for more.

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