Mindy is the DUI Attorney Other Defense Lawyers Turn to for Help.

Frequently Asked Questions

If I was arrested, can I still make a case?

Police officers are not infallible, and they certainly make mistakes.  Moreover, the hyper-technical laws surrounding the regulation of driving under the influence of alcohol (DUI) are rife with ambiguities. Reach out to Mindy for help, because there are numerous defenses to a DUI arrest.  A DUI arrest certainly does not always result in a DUI conviction, and in fact some cases qualify for a reduction to a Wet Reckless.  Also, if you have ever served in the Military, Mindy will move your case to Veterans Court, where many DUI cases qualify for Diversion (no criminal conviction, no jail to serve, and no fines or fees to pay).

Can I still be in trouble if my BAC is below the legal limit?

Possibly, because it is also unlawful to drive with your normal faculties impaired by drugs or alcohol, or a combination of the two.  Taking prescription drugs can result in a DUI arrest, if that drug or drugs impair your ability to safely operate a motor vehicle.  Normal faculties include the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and so on.  However, it can be more difficult for the DA to prove a drug DUI case, depending on the facts of the case.

What about my license?

A typical DUI arrest results in two separate legal proceedings: One is the criminal case that will be filed against you in court, and the second proceeding is the Administrative Per Se hearing at the DMV which pertains to your privilege to drive in the state of California. Neither one bears much relation to the other, and even if the criminal case gets reduced or dismissed, you may still have to battle the DMV in order to retain your license. Similarly, a win at the DMV hearing has no bearing on the outcome of your criminal case. If you have a valid driver’s license in your possession, the officer will seize it and issue you a temporary license (the pink Administrative Per Se Temporary License).  Although this temporary license is valid for 30 days from your arrest, you only have 10 days from the arrest to request a DMV hearing (called an Administrative Per Se hearing) and to obtain a stay on the automatic suspension of your license (that would otherwise begin on the 31st day after the arrest.)

Why should I see an attorney about my DUI?

A DUI can be charged as either a Felony or a Misdemeanor, and it is much more serious than just a traffic ticket Infraction. If you are convicted in court of a DUI, there are mandatory legal penalties. In addition, your license will automatically be suspended by the Department of Motor Vehicles (DMV) unless your DMV hearing is won.  If you are convicted of the DUI in court, the consequences for a first offense can include formal probation, additional jail time or Work Release (generally paying to work 9 hours a day picking up garbage, as a jail alternative), heavy fines, an Interlock Device, and driving suspensions and restrictions. You will have to take a DUI alcohol class, and your auto insurance rates will increase.  If you hold a Commercial Class A driver’s license, the DMV will take your Commercial driving privileges away for a full year for a first time DUI conviction, and permanently for a second DUI conviction within 10 years.  If you hold a professional license (nurses, attorneys, physicians, and pilots, just to name a few) the District Attorney may report you to the Board, and you will face additional action there.  In short, you have a lot to lose. So it makes good sense to see if the DUI is defensible, and if the DMV hearing is winnable.

What else will happen to me?

Please check the penalty chart in our DUI newsletter (see our home page) for detailed information about the penalties in Ventura County.  Aside from the penalties listed, your insurance company may discontinue its coverage or assign you to a high-risk category resulting in a substantial increase in your premiums.