DUI

  1. What to do
2. Select an attorney
3. Request a DMV Hearing
4. How much
5. DMV and court process
6. DMV Suspensions
7. DUI Defenses
8. Filed Sobriety Test
9. Refusing blood or breath test
10. DUI Penalties in Ventura
11. DUI Penalties in Los Angeles
12. Multiple DUI’s in 10 years
13. DUI with two priors
14. DUI with three Priors

 

  1. What To Do?

    The first thing you should do is go to the DMV and get a new drivers license, that is if the police took you California Drivers License and gave you a pink temporary license (DS 367). The DMV will not know that you got a DUI for two to three weeks.

  2. Select an attorney:

    The Second thing you should do is select a local attorney that is experienced with the handling of DUI’s. I have represented over 3,000 DUI clients in the last twenty-four years. I have tried over 100 DUI cases in California. I know most of the local judges and Deputy district attorneys. If anybody can get you off of a DUI, I can !

  3. Request a DMV hearing:

    Remember! You must request a DMV hearing within ten days of your arrest (weekends count to) if you do not request a hearing within the TEN DAY PERIOD!!! You will lose your right to a hearing and your license will automatically go in to suspension on the thirtieth day after you were arrested.

    If you come to my office for a free consultation, I will call the DMV and request a hearing for you at no charge at all as a courtesy. I know most of the technicians at the local DMV driver’s safety office and can request a hearing in about two minutes.

  4. How much does William Tomasi Charge?

    I do not charge anything for a consultation. If you come and see me I can tell you if I, or anybody else, can help you. It does not cost a dime to come and chat with me for an hour or so.

    My fees for a first time you is generally $2,500

    If you have probation violations or prior DUI’s. It goes up from there.

  5. DMV and court process are two separate battles.

    Most people do not realize that the two are separate and parallel actions that automatically occur when you are arrested for a DUI in Ventura County or any other County in California. The DMV wants to take your drivers license for four months on a first time DUI or one year on a second, third or fourth DUI simply for driving with a blood alcohol level of .08 or greater.

    The court, through the district attorney, then wants to punish you for the crime (Vehicle Code) section 23152 (A) & (B) by placing you in jail, on probation and fining you.

  6. DMV Suspensions:

    If you lose your DMV hearing, or simply do not request one, you will have a thirty day hard time suspension (NO RESTRICTIONS!) and then you are eligible for a restricted License ( to and from work and school ) for five months, on a first time DUI or have a no prior DUI’s in the last ten years.

    If you have any prior DUI’s in the last ten years, then you will have at least a one year hard suspension, prior to being allowed to get a restricted California Drivers License.

  7. DUI Defenses:

    There are many DUI Defenses, the most common one is called the “Rising BA” Defense. This is simply when the alcohol in your system has not yet fully metabolized ( your blood alcohol is under .08 ) when you get pulled over and then by the time the arresting officer does the chemical test (blood, breath or urine) your alcohol level has “risen” over the legal limit of .08, i.e. the Rising BA Defense.

    Another defense is a “Driving Issue” Which simply put means you were not driving when the officer contacted you. This could happen when you passed out at the wheel, but you were not driving.

    Other issues could be procedural, like the intoxometer was not properly calibrated or administered properly. There are literally hundreds of defenses to driving under the influence, you must have an attorney that is sharp enough to find them and then aggressive enough to use them. Simply put; some one that will actually fight for you, not take your money and plead you guilty

  8. Filed Sobriety Test (FST)

    Field Sobriety Tests are very important in refusal cases. This is because there is simply no other evidence for the prosecutor to use to obtain a conviction against you.

    The most common FST is the PAS Device (Portable Alcohol Sensor). Most people do not realize that you do not have to submit to the PAS Device, however, if you have not had much to drink, it could be the difference between getting arrested and going to jail or being allowed to drive away. Only you know how much you have had to drink.

    The Nystagmus test is where the investigating officer uses a stimulus (Pencil or finger) to detect if your eyes are fluttering. This test is actually quite effective if administered properly, the problem is that most officers do not administer the test properly.

    The walk and turn, one legged stand, finger count and all the rest are simply devices to collect more evidence against you to make their arrest and the DA’s case more solid.

  9. Refusing to give blood or breath test

    Refusals are usually very defensible cases because there is no evidence for the prosecutor; however, you will lose your license for at least one year on the first DUI. You will lose your license for two years if you have any priors in the last ten years.

  10. DUI Penalties in Ventura County:

    The Penalties for a first time DUI conviction are:

    Thirty six months formal probation

    $3,500 fine

    AB 541, First Offender Alcohol School

    48 hours jail or 5 days work release

  11. DUI Penalties in Los Angeles County:

    The Penalties for a first time DUI conviction are:

    Thirty six months summary probation

    $1,750 Fine

    AB 541, First Offender Alcohol School

    Usually no jail time, unless blood alcohol very high

  12. Multiple DUI’s in the last ten years
  13. DUI with one prior

    In Ventura, if you have a prior DUI within ten years you are looking at thirty days in county jail and 45-60 days in jail if you are on probation in Ventura.

  14. DUI with two priors

    In Ventura, if you have a DUI with two priors in the last ten years, you are looking at a statuary minimum of 120 in county jail if not on probation and 150 days if on probation in Ventura County presently.

  15. DUI with three Priors:

    In Ventura, if you have three priors in the last ten years, it is what called a wobbler. A wobbler is a case that can be filed as a misdemeanor or a felony. It wobbles between the two. How it gets filed is based on the discretion of the prosecutor.

    If filed as a misdemeanor, it is statutory minimum of 180 days, if on probation; you probably are looking at state prison if not handled properly.

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