DUI

Even the most responsible adults make mistakes.  Despite believing you know when to say when, when to call an Uber instead of driving, and when it’s safe to head home, you see the flashing lights in your mirror and before you know it, you are being arrested and charged for driving under the influence (DUI).  A California DUI charge is overwhelming enough before considering the loss of your license and dealing with other consequences if convicted.  However, with help from an experienced Santa Barbara DUI attorney, no case is hopeless.  Christy Horowitz’s career is built on seeking the best outcome from a tough situation for her clients.  She is dedicated to helping people like you resolve cases favorably so you can put this stressful situation behind you and move forward personally and professionally.

DMV HEARINGS

After a DUI arrest, you need to deal with the DMV and the potential suspension of your driver’s license.  If you hold a California driver’s license the police usually take it at the time of arrest and issue you a temporary license. The police cannot take a physical driver’s license issued by another state.

If you or your attorney do not contact the DMV within 10 days of arrest to schedule a hearing you forfeit that right and your license will automatically be suspended after 30 days.  There will not be a hearing scheduled if you are arrested for a DUI involving a substance other than alcohol.

If you hire an attorney, they generally conduct the hearing with the DMV on your behalf and they advocate to prevent your license from being suspended.  Evidence gathered by cross–examining your arresting officer or any lab tech who handled your blood test sample and subpoenaing breathalyzer calibration and maintenance logs may reveal mistakes that can positively affect the hearing’s outcome.  If the DMV finds against you, your license is suspended – if not, you are free to continue driving, though conviction later in court could prompt a separate suspension.

DUI LAWS

The law in California forbids people to drive under the influence of alcohol, drugs, or combination of alcohol and drugs.  Drugs include, but are not limited to, legally obtained marijuana, prescription medications and over the counter medicine that impair your ability to drive safely.  You may be charged with driving under the influence for the following reasons:

• You are under 21 and consumed any alcohol
• You are over 21 and your blood alcohol content (BAC) is measured at .08 or above–the legal limit
• You have a commercial driver’s license, and your BAC is at .04 percent or higher in a commercial vehicle such as a truck or bus
• You are showing intoxication due to alcohol, drugs, or any combination of the two 

First time DUI’s are misdemeanors, but penalties can be severe, if you are convicted.  Consequences potentially include:

• Fines plus penalty assessments totaling approximately $2,000
• Informal probation
• Alcohol education classes ranging from 3–9 months
• Community service
• Installation of an ignition interlock device
• A 6 month license suspension
• Upto 6 months in jail depending

A BAC measurement of .15 or higher is considered an aggravating circumstance and may warrant additional punishments upon conviction.

FELONY DUI

Though most DUI’s charged are misdemeanors, certain facts may warrant charging the offense as a felony. Prosecutors seek felony charges when:

• You killed or injured someone while driving under the influence
• You have a prior felony DUI
• You have 3 previous DUI convictions within the last 10 years

Felony DUI’s are serious offenses with the potential for multi–year driver’s license suspension, high fines, and even the possibility of state prison sentences.  They require a proactive approach by a knowledgeable Santa Barbara DUI defense lawyer, who can develop an effective defense strategy.

LEGAL DEFENSES TO DUI CHARGES

The procedural requirements for law enforcement surrounding DUI arrests make it challenging to beat these charges in Santa Barbara.  However, more defenses may exist than you think.  A knowledgeable DUI defense lawyer seeks defenses for your case in a variety of avenues, including potential procedural, evidentiary, and civil rights violations.  These may include:

• Improper or nonexistent field sobriety test
• Improper reasons for initially pulling you over
• Lack of probable cause supporting the arrest
• The procedure for administering a blood test
• Inconsistencies between the criminal complaint generated and the police arrest report

Christy Horowitz’s dedication to vigorously representing clients helps her capitalize on police errors and secure reductions in charges or dismissals whenever possible.  Her experience as a former prosecutor helps her negotiate on your behalf, to see if treatment options or alternative solutions instead to incarceration exist.