Ventura County DUI – Prior Offenses
A prior DUI in Ventura County will always make the potential punishment significantly worse. If the prior DUI is within 10 years of the current DUI, the prosecution will be seeking enhanced punishment, including substantial jail time and supervised formal probation. Your license may be revoked for a lengthy period of time, especially if the prior DUI is recent. Here, even a prior DUI that is older than 10 years will expose you to mandatory jail time. If you have a prior DUI in Ventura County, it is imperative that you have a qualified attorney representing you.
Prior DUI – Less Than 10 Years Old
Until 2005, a DUI counted as a prior DUI if it was less than 7 years old. When the law changed, it was applied retroactively, so prior DUI offenses from 2003, 2004, and 2005 still count. In Ventura County, one prior DUI will expose you to a minimum of 25 days of jail time.
There are many factors that could result in a significantly longer sentence. If the prior DUI is especially recent, or if either the current or prior DUI involves aggravating factors, the prosecution will be seeking a longer period of jail time.
Two prior DUI offenses that are less than 10 years old result in a state-wide mandatory minimum of 120 days. In notoriously tough Ventura County, where nothing is the minimum, jail sentences of longer than 120 days are frequently sought.
Prior DUI – Your License
DMV suspends the driver's license of anyone with two DUI offenses within 10 years for a minimum of one year. It is possible to apply for a restricted license after 90 days of no driving, provided that a number of conditions are met.
Prior DUI – More Than 10 Years Old
Pursuant to policy, the prosecution in a Ventura County DUI seeks enhanced penalties, including mandatory jail time, longer sentences, and an Ignition Interlock Device. None of my clients have ever received enhanced punishment for a prior DUI that is more than 10 years old.
Out of State Prior DUI
Prior DUI offenses from other states are treated no differently in Ventura County. The prosecution will be looking to impose the same enhanced punishment, even if a prior DUI is from outside of California.
Ventura DUI Attorney Jasen Nielsen
I have obtained excellent results for many clients with prior DUI offenses. As a former Ventura County DUI prosecutor, I know how the government will view your case and what factors will be used in the penalties that are sought. I have good relationships with the judges and prosecutors, and know what can be done to mitigate those cases that cannot be won. Many of my clients with a prior DUI have avoided jail and managed to keep their jobs. If you have a prior DUI in Ventura County, please call me today at (805)564-4384 for a free consultation.