Aggravated DUI Attorney in Ventura

Frequently Asked Questions

Can I Lose My Driver’s License Immediately After an Arrest for a DUI With Aggravating Factors?

Yes. In California, a DUI arrest triggers the Administrative Per Se (APS) process through the Department of Motor Vehicles (DMV). If you are arrested for DUI — especially one involving aggravating factors like a high BAC, injury, or refusal to test — the officer will typically confiscate your physical driver’s license and issue a temporary license that is valid for 30 days. You then have only 10 calendar days from the date of arrest to request a DMV hearing to challenge the suspension. If you miss this deadline, your driving privileges will be automatically suspended, even if your criminal case has not yet been resolved. The length of the suspension can be longer when aggravating factors are involved, and a conviction in court can trigger an additional suspension period.

Can I Get a DUI With Aggravating Factors Reduced to a Standard DUI?

It’s possible, but it depends on the specific facts of your case. Prosecutors may agree to reduce a DUI with aggravating factors to a standard DUI — or even to a lesser charge such as “wet reckless” under California Vehicle Code §23103.5 — if there are weaknesses in the prosecution’s evidence, issues with the legality of the stop, or problems with chemical testing procedures. Mitigating factors such as a clean driving record, enrollment in treatment programs, or cooperation during the arrest can also help. However, cases involving injury, very high BAC levels, or child passengers are more difficult to reduce. An experienced Ventura DUI defense attorney can evaluate your case, identify leverage points, and negotiate for the most favorable outcome possible.

Will a DUI With Aggravating Factors Stay on My Record Forever?

In California, a DUI conviction — including one with aggravating factors — stays on your driving record with the DMV for 10 years from the date of arrest for purposes of sentencing and penalty enhancements. However, the criminal record portion is separate and can remain indefinitely unless it is expunged under Penal Code §1203.4 after you successfully complete probation and meet eligibility requirements. Even with an expungement, the conviction will still count as a prior if you are arrested for DUI again within the 10‑year look‑back period, and certain employers, licensing boards, or government agencies may still be able to see it. Because the impact on employment, insurance, and professional licensing can be significant, it’s important to work with a defense attorney early to protect both your driving record and your criminal record.

How Can Wilfert Law P.C. Help with My Aggravated DUI Case?

Our team’s unique combination of legal knowledge and former police training allows us to approach each case strategically. We meticulously examine every detail—from the legality of the traffic stop to the accuracy of testing procedures. This comprehensive approach, combined with our dedication to client communication and support, ensures you receive a defense aimed at achieving the best possible outcome in your case. 

We prioritize transparency, keeping clients updated with case developments and potential shifts in strategy, fostering a collaborative environment where all aspects are discussed and considered.

What Penalties Could I Face for an Aggravated DUI?

In California, a DUI with aggravating factors can lead to significantly harsher consequences than a standard DUI. Depending on the circumstances — such as a very high blood alcohol concentration, prior DUI convictions, excessive speeding, having a child in the vehicle, or causing injury — you could face mandatory jail time, increased fines, longer driver’s license suspensions, and in some cases, felony charges. For example, causing injury while DUI can be prosecuted as a felony under Vehicle Code §23153, carrying potential state prison time. Judges and prosecutors also have discretion to impose sentencing enhancements that stack on top of the base DUI penalties.

Our Ventura DUI defense team works to identify every possible mitigating factor and scrutinizes the evidence for procedural errors, faulty testing, or rights violations that could lead to reduced charges or even dismissal. Beyond the criminal penalties, a conviction can trigger major collateral consequences, including dramatically higher insurance premiums, professional licensing issues, and employment problems. We aim to protect you not only from the immediate legal penalties, but also from these long‑term impacts, using our deep understanding of both California DUI law and local enforcement practices to mount a strong defense.

Why Choose a Law Firm with Law Enforcement Backgrounds?

Choosing a firm like Wilfert Law P.C. means gaining an edge from our team’s prior experience in law enforcement. Our understanding of police work grants us unique insights into both investigative tactics and how prosecutors might approach your case. This allows us to not only address typical defense avenues but also anticipate and counter strategies the prosecution may use, setting the foundation for a strong defense. Additionally, our former roles in law enforcement help foster respect and credibility within Ventura’s legal community, often contributing to more amicable negotiations and favorable resolution of cases. Moreover, our comprehensive grasp of procedural enforcement translates into meticulous attention to detail, strengthening every aspect of your defense.