Driving Under the Influence
California has one of the highest DUI rates per capita in the country. Getting a DUI, especially multiple DUI’s, can have a lasting impact on your driver’s license, car insurance rates, professional license, and other important aspects of your life.
Protecting Your License, Your Freedom & Your Future
A DUI arrest can have serious consequences that extend far beyond the courtroom. A conviction may affect your driver’s license, employment, professional licensing, insurance rates, and even your future opportunities. Whether this is your first DUI or you have prior offenses, an experienced defense attorney can evaluate every aspect of your case—from the legality of the traffic stop to the accuracy of field sobriety tests and chemical testing—to identify weaknesses in the prosecution’s evidence. Early legal representation can make a significant difference in protecting your rights and pursuing the best possible outcome.
Pro-Tips for a DUI Stop:
If you are ever pulled over by the police on suspicion of DUI, keep these tips in mind to put yourself in the best position and potentially avoid an arrest in the first place.
- Pull Over Perfectly: Your driving may be on camera and is great evidence of your lack of impairment.
- Be Calm: Don’t let nervousness make you look guilty. Remember you’re probably being recorded.
- Where are your Documents: Think about the location of your license, registration, and insurance as the officer approaches so that you can find them quickly and without stressing and fumbling.
- DO NOT ANSWER QUESTIONS ABOUT DRINKING OR DRUGS: You may ruin your defense.
- DO NOT AGREE TO PERFORM FIELD SOBRIETY TESTS: They are not required and are difficult even for sober people to complete perfectly. Respectfully decline.
- DO NOT CONSENT TO A SEARCH OF YOUR VEHICLE: The police may believe they have probable cause to search your car, but if they ASK you for permission, clearly state that you do not consent.
- DO NOT AGREE TO A “PRELIMINARY ALCOHOL SCREENING TEST:” Unless you have ingested zero alcohol, decline. The preliminary test is not required unless you are underage or on DUI probation.
- DO Agree to an Alcohol Test if you are Arrested: You are required in California to submit to a breath or blood test after you are arrested as a condition of holding a driver’s license. If you refuse, the officer will most likely obtain a search warrant to test you anyway, and you’ll face additional consequences.
If the district attorney charges you with a DUI, an experienced attorney can help you fight your DUI case in multiple ways.
Your attorney can argue the police had no valid reason to stop you in the first place, which can result in a dismissal of your case if the judge agrees. Read more about suppression motions here. Your attorney can also negotiate for a lesser charge such as reckless driving or a “wet reckless” offense. If your case proceeds to trial, the two most common defenses to DUI charges are the “no drive” defense and the “riser” defense.
“No Drive” Defense
This defense is available when evidence does not establish that you were driving a vehicle. This often comes up when a car accident has occurred and all occupants are outside of the vehicle when police arrive. Another scenario that sometimes occurs is police contacting a person who is “sleeping off” the drinks in their parked car but were not observed driving, or if occupants switch seats when being pulled over. Juries tend to find this defense more understandable and it results in more frequent acquittals and hung juries compared to alcohol-science and lack of impairment defenses.
“Riser” Defense
In a nutshell, when you have a drink, the alcohol takes time to absorb into your bloodstream, usually between 25 minutes to an hour. The alcohol absorbs faster on an empty stomach, as the graph above depicts. Even experts for the prosecution will admit that if you stopped drinking 10 minutes before the officer pulled you over, your blood alcohol content is still RISING, and the numbers resulting when you blow into the officer’s machine are HIGHER than your blood alcohol content was when the police stopped you. So, if you are a .09 at the time the officer tests you, the above graph may place you at a .06 or .07 at the time of driving, meaning you were below the legal limit (.08) at the time of driving.
To win your case at trial, your attorney will need to successfully argue that (1) you were below the legal limit at the time of driving AND (2) you were not impaired at the time of driving. This argument is the easiest to make when your blood alcohol content was relatively close to the legal limit ( such as .08, .09, .10) at the time of driving, and if you were not involved in an accident.
Drug DUI’s
It rarely makes sense to plead guilty to a DUI based on drug impairment. The science is different for every single drug and the prosecution’s experts are seldom prepared for cross-examination on the published scientific literature for the drug at issue at trial. Hali has won drug DUI trials based on marijuana, Xanax, opiates (pain pills), amphetamines, and others. Do not admit a drug DUI case without consulting with an attorney who has handled, and won, multiple trials on this charge. The science is on your side.
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Ventura County
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About DUI Cases in Ventura County
DUI cases in Ventura County are prosecuted under California Vehicle Code §23152 (driving under the influence of alcohol or drugs) and §23153 (DUI causing injury). A first-offense misdemeanor DUI typically carries up to 6 months in county jail, fines of $390–$1,000 plus assessments (total roughly $2,000–$3,000 with penalty assessments), a 6-month driver’s license suspension, 3–5 years of informal probation, and completion of a court-approved DUI school (AB541 for 3 months or AB1353 for 9 months for enhanced BAC). Under §23578, a BAC of 0.15% or higher can lead to enhanced penalties; a second offense within 10 years (§23540) triggers mandatory minimum jail and an 18-month multiple-offender DUI program.
DUI cases are prosecuted in the Ventura County Superior Court, primarily at the Hall of Justice in Ventura. The District Attorney’s Vehicular Crimes team tends to push for aggressive plea terms on repeat offenses and any case with a collision or high BAC. Common defenses include challenging the initial traffic stop (Fourth Amendment / reasonable suspicion), attacking breathalyzer calibration or the 15-minute observation period, raising a “rising BAC” defense where alcohol was still absorbing at the time of the stop, and disputing field sobriety test scoring where medical conditions, footwear, or roadside conditions affected performance.
Hali Ford has represented Ventura County drivers on first-offense, multi-offense, and injury-related DUI charges. Every case starts with a free consultation to review the police report, chemical test records, and body-cam footage before recommending a path forward. Learn more about criminal defense practice, related charges like drug offenses or other common defenses, or contact us directly. For statutory reference, see the official California Vehicle Code §23152 on Justia.
Ventura County DUI defense — call 805-853-FREE or contact us for a free consultation.
About DUI Cases in Ventura County
DUI cases in Ventura County are prosecuted under California Vehicle Code Section 23152 (driving under the influence of alcohol or drugs) and Section 23153 (DUI causing injury). A first-offense misdemeanor DUI typically carries up to 6 months in county jail, fines of $390 to $1,000 plus assessments (roughly $2,000 to $3,000 total with penalty add-ons), a 6-month driver license suspension, 3 to 5 years of informal probation, and completion of a court-approved DUI school (AB541 for 3 months, or AB1353 for 9 months where BAC was elevated). Under Section 23578, a BAC of 0.15 percent or higher can trigger enhanced penalties; a second offense within 10 years (Section 23540) requires mandatory minimum jail and an 18-month multiple-offender DUI program.
DUI cases in the 805 are handled by the Ventura County Superior Court, primarily at the Hall of Justice in Ventura. The District Attorney’s Vehicular Crimes team tends to push for aggressive plea terms on repeat offenses and cases involving a collision or elevated BAC. Common defenses include challenging the initial traffic stop under the Fourth Amendment, attacking breathalyzer calibration or the required 15-minute observation period, raising a rising-BAC defense where alcohol was still being absorbed, and disputing field sobriety test scoring where medical conditions, footwear, or roadside conditions affected performance.
Hali Ford has represented Ventura County drivers on first-offense, multi-offense, and injury DUI charges. Every case starts with a free consultation to review the police report, chemical test records, and body-cam footage before recommending a path forward. Learn more about criminal defense practice, related charges like drug offenses and other common defenses, or reach us directly. For statutory reference, see the official California Vehicle Code Section 23152 on Justia.
Ventura County DUI defense — call 805-853-FREE or contact us for a free consultation.