CLEAR YOUR DUI CONVICTION The summer months lead more people to get out doors, take more road trips, and be more active, generally. As the roads become more crowded, law enforcement will certainly crack down on drunk drivers. The best way to avoid a DUI is of course to simply not drink and drive, however, if you find yourself charged and ultimately convicted of a DUI, there is hope for the future. A DUI conviction in Santa Barbara, San Luis Obispo, or Ventura Counties, is eligible for a process called DUI expungement. You may expunge your DUI conviction after completing all terms and conditions of your DUI sentence. This means you must pay all associated fines, complete all required DUI classes, and serve any custody time that may have been court ordered. Generally, you must also complete your DUI court probationary term, which is 3 years in Santa Barbara, but may vary in other California counties. The final requirement is that you must not have committed any new criminal or DUI offenses and you also may not have any pending DUI or criminal charges. If you satisfy all of the aforementioned conditions but you are still on DUI probation, you may still qualify for expungement if you are successful in your motion for early termination of DUI probation. In order to have a chance at succeeding, you must have finished at least half of your probationary term, which would be 18 months in Santa Barbara. If your motion to terminate probation is successful, you may then make a motion to expunge your conviction under California Penal Code Section 1203.4. If the court grants your motion for DUI expungement, you will no longer need to report your conviction to prospective private employers. This can be very helpful when applying for new jobs, however, it should be noted that you must report your DUI conviction when applying for government employment and various licensees. Finally, if you are charged with a second DUI within 10 years of your first conviction, the District Attorney's Office will still consider this your second DUI offense, despite your DUI expungement. In conclusion, a DUI expungement can be very helpful, however, the best strategy to avoid DUI related trouble is to call a cab, whether you are in Santa Barbara or beyond.
Santa Barbara DUI Lawyer launches informative new website
SANTA BARBARA, CALIFORNIA- Former Deputy District Attorney, William Aron is pleased to announce the launch of a new DUI website with helpful information and resources regarding DUI and DMV law.
The new website, www.SantaBarbaraDuiLaw.com includes comprehensive information regarding DUI Prosecution, with specific information about DUI Investigation, DUI Charges DUI of Drugs, DUI under the age of 21, DUI causing injury or death, DUI penalties, and the DUI court process, generally. The website offers a clean look and has been tailored to better assist the public in finding answers to frequently asked questions or concerns related to DUI defense. There are also additional resources available regarding DUI Defense, with specific information about DUI suppression motions, police officer biases and errors, scrutiny of the chemical tests (breath and blood), concurrence of the elements, lesser charges, DUI appeals, and DUI expungements (record clearing). The final major sections encompass information pertaining to DMV hearings and DUI auto insurance considerations. This site also includes an extensive FAQ section.
William M. Aron is a successful and aggressive DUI / Drunk Driving defense lawyer with a reputation for successfully representing many of his clients charged with DUI / Drunk Driving in Santa Barbara, California. As an experienced trial attorney and a graduate of the Duke University School of Law, Mr. Aron is focusing his practice on DUI and criminal defense in Santa Barbara, San Luis Obispo, and Ventura Counties. Mr. Aron and his team of attorneys have made it a part of their daily routine to constantly read about the latest cases, scientific literature, legal treatises and articles on the subject of DUI / Drunk Driving defense. William Aron is ready to fight DUI / Drunk Driving cases with extensive pre-trial motions, vigorous cross-examination of the prosecution's witnesses, defense experts, demonstrative evidence, photographs, videos, testimony of any witnesses and conducts thorough research, preparation and investigation in each DUI / Drunk Driving case.
SANTA BARBARA DUI: WHAT DO I NEED TO DO AFTER I AM ARRESTED?
If you are arrested for a DUI in Santa Barbara, you will need to deal with two separate but related processes. First, you will receive an arraignment date for your Santa Barbara DUI. If you were arrested anywhere in South Santa Barbara County, you will most likely need to report to Santa Barbara Superior Courthouse at 118 East Figueroa Street, Santa Barbara, CA 93101. However, if you are arrested in North Santa Barbara County, you will most likely need to show up in Santa Maria at 312 East Cook Street, Building E, Santa Maria, CA 93454. You can find your Santa Barbara court date on the citation itself, which is often called a "notice to appear." If you retain a Santa Barbara DUI attorney prior to your court date, he can show up at either the Santa Barbara or Santa Maria courthouse on your behalf, effectively, excusing your Santa Barbara Criminal Court Appearance. If you do not hire a Santa Barbara Criminal Defense Attorney and you fail to personally appear in court, the judge will issue a warrant for your arrest. While you must comply with the procedures prescribed by the Santa Barbara Superior Court, you must also adhere to the specific administrative protocol surrounding your driving privilege. Enter the DMV... More to come about DUI and the DMV in my next post. In the interim, please feel free to contact my office directly to schedule a free and confidential consultation. 805-618-1768 You may also feel free to submit an electronic appointment request through the contact form on our website.
SANTA BARBARA DUI: HOW DO I HANDLE THE DMV?
If you are arrested for a Santa Barbara DUI, you will need to address both the Santa Barbara Superior Court and the California Division of Motor Vehicles (DMV). The DMV is exclusively an administrative body, meaning they cannot levy criminal sanctions against you, however, they can suspend or revoke your driving privileges. It is very important to note that you have only ten days from the date of your DUI arrest to request a DMV hearing. If you fail to request a DMV hearing within the prescribed time period, your driver's license will be automatically suspended without due process (a hearing). You will need to hire a DUI attorney to demand a DMV hearing on your behalf, otherwise, you must do so yourself. If you are arrested for a DUI in Santa Barbara County, you must contact the DMV driver's safety office in Oxnard, California. After you successfully exercise your right to a hearing, your driver's license suspension will be stayed pending the outcome of your hearing. A proficient Santa Barbara DUI defense attorney should represent you in your DMV hearing in addition to the underlying Santa Barbara Superior Court criminal case. The DMV hearing is conducted by a DMV hearing office, whom is neither a judge nor an attorney. The DMV officer is to consider arguments and evidence pertaining to only three issues: 1) Were you driving with .08 percent BAC or higher? 2) Did the arresting officer have reasonable cause to believe you were driving in violation of CVC 23152(a) or CVC 23152(b)? 3) Were you ultimately arrested lawfully? DMV license suspensions vary depending upon your DUI criminal record, the level of your BAC and any other aggravating factors that may be presented. Please feel free to read more about Santa Barbara DUI and DMV considerations on my website. Feel free to contact my office directly to schedule a free and confidential consultation. 805-618-1768 You may also feel free to submit an electronic appointment request through the contact form on our website.
SANTA BARBARA DUI: WHAT IF I AM UNDER 21?
A driver under the age of 21 may be held to a more stringent standard and more harsh penalties than a driver of legal drinking age. While the .08% BAC limit, as specified in California Vehicle Code Section 23152(b), is applied to all Santa Barbara DUI investigations, underage persons must also contend with California Vehicle Code Section 23140 dictates that minors may be prosecuted for DUI for a BAC as low as .05%. Still, if an underage driver has above a .08% BAC, he or she may still be prosecuted under CVC 23152(b). In addition to the enhanced scope of criminal liability exposure, underage driver's may also face civil liability as California's "zero tolerance" law as enumerated in California Vehicle Code Section 23136, holds minors civilly liable for as little as .01% BAC. Finally, a person under 21 must also face more severe consequences from the DMV if convicted of either CVC 23152 or CVC 23140. Given the increased risk for underage driver's, it is highly advisable that they seek counsel. Feel free to contact my office directly to schedule a free and confidential consultation. 805-618-1768 You may also feel free to submit an electronic appointment request through the contact form on our website.