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Drunk Driving Defense
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DUI Defense Practice Areas
DUI Defense
DUI FAQ
Blood Test
Breath Tests / Refusal
BUI
CDL DUI
DMV Hearings
DUI & Injury
DUI Car Accidents
DUI Involving Drugs
DUI Penalties
Expungement
Federal DUI
Felony DUI
Field Sobriety Tests
First DUI Offense
Intoxication Manslaughter
License Suspension
Multiple DUI
Under 21 DUI
Warrants
Criminal Defense

DUI Defense

If you or someone you care about has recently been arrested and charged with driving under the influence (DUI), it is important that you remain silent and obtain the services of a competent lawyer. There are several issues that will immediately require your attention and a skilled attorney can efficiently guide you through the steps that must be taken. If convicted, you could face severe and devastating penalties such as incarceration, large fines, increased insurance rates, probation, community service and driver's license suspension. it is also important to realize DUI arrest, charges and conviction on your legal public record. This is accessible to anyone that conducts a simple background check, which can severely hinder your ability to take advantage of employment and other opportunities that arise.

Defending DUI Charges

At Floyd, Skeren & Kelly, LLP, our experienced legal team can provide you with the high level of legal representation you need and deserve. Our attorneys are extremely well versed in cases pertaining to DUI defense laws and procedures and we are committed to zealously advocating the rights and interests of clients in and out of the courtroom. We acutely understand the tremendous amount of pressure that clients are suddenly under to achieve a favorable result and we are prepared to aggressively fight for the best possible outcome in order to avoid or minimize the penalties you are facing. Our firm provides experienced and aggressive defense for clients involved in the criminal justice system on all types of DUI-related legal issues, such as:

DUI FAQ
When dealing with criminal charges of drunk driving, it is likely that you have considerable amount of confusion that you are dealing with. We at Floyd, Skeren & Kelly recognize that you likely have a lot of questions and have therefore made efforts to help give you the answers that you deserve. If you would like answers to some of the most common questions about DUI cases, please read more about DUI FAQ.

Blood Test
One of the most reliable forms of blood alcohol content (BAC) testing is that of the blood test. This is completed in a lab and includes a full workup of the defendant's blood sample. Many people therefore view a failure of this type of test as a last nail in the coffin of a case; the truth, however, is that there are many defenses that can be utilized against this type of evidence.

Breathalyzer Test / Refusal
A common form of DUI testing is that of the Breathalyzer. This is completed with the use of a handheld machine at the scene of the arrest and works to test the level of alcohol on the breath of the defendant. This, however, is notoriously prone to error and can give a faulty readout from something as easy as improper calibration to pre-existing alcohol in the mouth.

BUI
Criminal charges of drunk driving are not limited solely to someone who is operating a passenger vehicle while on land. The truth is that someone who has been driving a boat while under the influence in Southern California could be similarly facing criminal charges of driving under the influence. This is viewed as boating under the influence and carries with it stiff penalties.

CDL DUI
Those who drive professionally for a living, such as commercial truck drivers or bus drivers, could be facing enhanced penalties should they be found to be driving under the influence. Under the law, these commercial drivers are considered to be in violation of the law should they have a BAC over the limit of 0.04 percent. If they are successfully convicted, they could also be in danger of losing their commercial driver's license – which is especially difficult when they rely upon it for a living.

DMV Hearings
Most people who are criminally charged with drunk driving are unaware of the fact that beyond the fact that they will be facing criminal charges, they will also need to contend with the fact that they have a civil hearing to determine the future of their license. Deemed the DMV hearing, this is a hearing with the Department of Motor Vehicles and is completely separate from a criminal case.

DUI & Injury
If you were criminally charged with the causing of an injury while under the influence of alcohol, the criminal charges that you are facing will be significantly more severe. In cases of this could, not only could you be forced to deal with criminal penalties, you could also be facing civil recourse that could result in paying restitution to the victim and the family of the victim.

DUI Car Accidents
If you were involved in a car accident and it were accused of being under the influence, you will find yourself facing enhanced criminal charges with elevated penalties. Even if you were not the cause of the car accident, it is likely that blame will be pinned on you. This could result in criminal charges and penalties that range from a Court-ordered substance abuse program to imprisonment.

DUI Involving Drugs
Have you been criminally charged with driving under the influence of drugs? If so, then it is highly important that you get the involvement of an experienced lawyer that you can trust to protect your legal rights. At our firm, we recognize the severity of charges involving DUI drugs and are prepared to go the distance in our efforts to provide you with the high-quality assistance that you truly deserve.

DUI Penalties
The penalties that are commonly associated with drunk driving charges are severe and should not be taken lightly. For a first time penalty, this could include imprisonment, monetary fines, driver's license suspension, mandatory DUI program attendance, as well as a mark on your criminal record. For each subsequent arrest, you will find that the penalties are significantly increased.

Expungement
Just because you have been criminally charged does not mean that you will be forced to deal with the black mark on your criminal record for the rest of your life. Under California law, there is something that is known as an expungement, often referred to as a Record of Clearance, which can permanently remove the existence of a criminal conviction from your record.

Federal DUI
Should a criminal arrest for DUI occur while on federal property, a DUI could be considered to be a federal offense. This is true in cases where the arrest occurred in a national park, on a military base, at an airport or at a national monument. When this is elevated to a federal case, it is extremely important that an experienced lawyer is brought in as these cases will be severe and will face penalties imposed by the federal government instead of the state.

Felony DUI
In most cases, a DUI charge is considered to be a misdemeanor, however, this is not always the case. In some situations, depending on the extenuating factors of a criminal charge, this could be elevated to become a felony case. In these cases, the convicted will find themselves facing more severe penalties and longer-lasting consequences. It is therefore increasingly important to get the assistance of a DUI attorney to help combat the charges and fight for a desirable outcome.

Field Sobriety Tests
One preliminary form of alcohol screening is that of the field sobriety test. This is a highly subjective form of testing and can include the horizontal gaze nystagmus (HGN) test, the one-leg stand (OLS), as well as the walk and turn (WAT) test. All of these are considered to only be fractionally reliable as they are left open to the opinion and decision of the arresting officer with little scientific backing.

First DUI Offense
A criminal offense of drunk driving is serious from the very first occurrence. The state of California does not take this type of crime lightly and will often result in serious penalties that can affect many future events – such as job opportunities, ability to gain financial loans and even the ability to seek further education. To fully protect your rights, you should not hesitate to get the involvement of an experienced lawyer from our firm as soon as possible.

Intoxication Manslaughter
Similar to a DUI car accident, intoxication manslaughter is criminally charged should you become involved in a car crash while allegedly under the influence of alcohol. The difference, however, is that in cases involving manslaughter, someone dies as a result of the crash. In many cases, this is a felony offense that can result in life in prison if you are a repeat offender; it will also be a strike under California's Three Strikes Law, as well as a cause for the suspension of your driving privileges.

License Suspension
Following an arrest for driving under the influence, it is likely that you will find yourself facing penalties that include the suspension of your driving privilege. At this time, you will be given a temporary license that will last for approximately 30 days. Following the date of the arrest, you have a 10 day window in which you can request a DMV hearing to challenge this suspension – if you fail to request it, you will find yourself forced to endure the length of the suspension.

Multiple DUI
Being charged with a singular DUI offense is bad enough, but should you have prior DUI convictions on your record, you will find that you will be dealing with an entirely different set of penalties. Per California law, second DUI offenses, third offenses and fourth offenses will carry with them significantly more severe penalties than a first. This includes elevated fines and lengthened jail and prison sentences.

Under 21 DUI
The state of California has a "Zero Tolerance" policy when it comes to drivers under the age of 21 driving a motor vehicle. For this reason, any driver who under the legal drinking age who has a BAC over the limit of 0.02 percent will be criminally charged with an underage DUI and will face penalties that can range from driver's license suspension to incarceration to probation.

Warrants
If a warrant is ever issued for your arrest, it is important to recognize that law enforcement officers will have the legal right to arrest you regardless of whether you are – you could be at home, at work or even driving. Warrants can be issues because of failing to pay Court-ordered fines, violating a term of probation or even forgetting to show up at a Court hearing.

Before founding our practice in 1987, we served as public defenders, law enforcement and prosecutors. This creates a well-rounded group that knows the various procedures that are used to try and limit a person's freedom. We will scrupulously examine every angle of your case in order to create an effective defensive strategy to help protect your future freedom, professional reputation, driving privileges and legal record.

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Floyd, Skeren & Kelly, LLP - Ventura DUI Attorney
Located at 916 West Ventura Boulevard, Suite 100 Camarillo, CA 93010. View Map
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