- IF YOU HAVE BEEN ARRESTED FOR A DUI, YOU MUST CONTACT THE DMV WITHIN 10 DAYS OF YOUR ARREST TO REQUEST A DMV HEARING OR YOUR LICENSE WILL LIKELY BE SUSPENDED 30 DAYS AFTER YOUR ARREST.
- JENNIFER MONROE CAN CONTACT THE DMV FOR YOU AND REQUEST A STAY OF THE SUSPENSION AND A HEARING SO YOU CAN CONTINUE TO DRIVE
Los Angeles and Ventura DUI defense attorney Jennifer Monroe has handled thousands of DUI cases during her career as both a prosecutor and criminal defense attorney. She knows exactly what the prosecutor has to prove and what their weaknesses are in each case. Let her put her background training and experience in DUI cases to work for you. As a DUI defense attorney that works exclusively in Los Angeles and Ventura courts, Jennifer Monroe has successfully had DUI’s dismissed, DUI’s dismissed for traffic infraction pleas, DUI’s dismissed for wet reckless pleas (available in Los Angeles only), and DUI penalties reduced. See DUI Case Results for more examples of how Jennifer Monroe has successfully defended her clients charged with DUI’s. Contact Jennifer Monroe to see how she can help you get your case dismissed or reduced.
WHAT IS A DUI?
Driving Under the Influence/DUI/DWI – California Vehicle Code 23152 vc, 23153 vc
Driving under the influence also known as DUI and DWI requires that the prosecution prove you were driving a vehicle while under the influence of alcohol and/or drugs. There are presumptions that you were under the influence if your blood alcohol content was .08 or higher. But these are rebuttable presumptions, so even if your BAC level was over .08, you may still have defenses. Contact Jennifer Monroe to see how she can defend you.
Driving under the influence can be prosecuted as a misdemeanor or a felony violation of California Vehicle Code 23152 vc, 23153 vc. Most DUI’s are misdemeanors. However, you are facing a felony DUI if you:
- Caused an accident that resulted to injuries to another person,
- Have three or more DUI’s in the last 10 years
- Have a prior felony DUI or manslaughter conviction in the last 10 years.
COMMON DUI PENALTIES
First time DUI’s are prosecuted as misdemeanors and carry up to six months in jail, three years of probation, fines, mandatory alcohol classes ranging from 3 to 9 months long, and a 6 month license suspensions. Contact Jennifer Monroe to see if you are eligible for a restricted license.
In Los Angeles County you will also be required to install an Ignition Interlock Device, known as an IID for 5 months. In Ventura County the IID is not required in all first offense DUI cases. An experienced criminal defense attorney in Ventura County can usually negotiate no IID.
Second time DUI’s
Second time DUI’s are prosecuted as misdemeanors, and carry a minimum of 96 hours to a year in jail, five years of probation, fines, mandatory alcohol classes from 18 to 30 months long, and a 2 year license suspensions. Contact Jennifer Monroe to see if you are eligible for a restricted license.
In Los Angeles County you will also be required to install an Ignition Interlock Device, known as an IID for 12 months. In Ventura County the IID is not required in all second offense DUI cases. An experienced criminal defense attorney in Ventura County can usually negotiate no IID.
Third time DUI’s
Third time DUI’s are prosecuted as misdemeanors, and carry a minimum of 180 days to 1 year in jail, an Ignition Interlock Device, known as an IID, five years of probation , fines, alcohol classes from 18 to 30 months long if not already completed, and a license revocation from 3 to 10 years. Contact Jennifer Monroe to see if you are eligible for a restricted license.
Felony DUI’s, Fourth time DUI’s, DUI with a prior felony DUI, DUI’s that caused an injury are facing up to three years in jail, fines, alcohol classes from 18 to 30 months long if not already completed, and a license revocation from 3 to 10 years. Contact Jennifer Monroe to see if you are eligible for a restricted license. Ignition Interlock Device, known as an IID may be required.
ADDITIONAL DUI PENALITIES: for misdemeanor and felony DUI’s
All convictions for driving under the influence/DUI result in two points on your driving record. The points will stay on your record for three years. After three years the points will no longer be on your record. However, the conviction will remain on your record for 10 years. During those 10 years the conviction is considered “prior able” meaning that it will be used against you to enhance the penalties on any subsequent DUI you receive in the 10 year period. The enhanced penalties for multiple DUI’s are explained above.
All persons convicted of a DUI and placed on DUI probation are subject to California’s Zero Tolerance while on DUI Probation Law. The law essentially states if you are on DUI probation then you are NOT to drive with ANY measurable alcohol in your system. If stopped by a police officer while driving and you blow a .01 or more then you are in violation of your probation. The officer will file paperwork with the DMV advising them you were driving with alcohol in your system. The DMV will then take action against your license and suspended your license for 1 year. You will not be eligible for a restricted license during this time.
Commercial Truck Drivers convicted of a first time DUI in any vehicle will be prohibited from operating a commercial vehicle for one year. If convicted of a second or subsequent DUI in any vehicle the DMV will prohibit Commercial Truck Drivers from ever operating a commercial vehicle again.
If you are under the age of 21 at the time of the DUI arrest, your driver’s license will be suspended for 1 year. During that one year you are ineligible for a restricted license. However, you may be eligible for a restricted license due to hardship. Contact Jennifer Monroe to see if you are eligible.
If you are facing DUI charges you may there are several ways to defend a DUI following are just a few examples that will help get your case dismissed or reduced.
A successful motion to suppress the traffic stop or contact with the police will result in your case being dismissed. If the police did not have a legal reason to contact you then you will win this motion and get your case dismissed.
If your blood alcohol was rising and there was a delay between when the police contacted you and the collection of your breath or blood test then an experienced attorney can argue that your BA was actually lower than what the test results. Rising blood alcohol defense is used to show you were under a .08 at the time of driving to get your case dismissed. Rising blood alcohol defense can also be used to reduced penalties.
You have a no driving defense and should get your case dismissed if you were sitting in a parked car and the prosecution cannot prove you drove there. The no driving defense also applies when you are contacted outside of the vehicle and the prosecution cannot prove you were driving the vehicle.
If you have a low BA level and had little to no bad driving (ie speeding which everyone does, or expired tags) and preformed well on the field sobriety tests then you may have a good case for a dismissal or reduced charge.
You may be eligible for a dismissal or lesser charge, diversion, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:
- Fight to protect your rights.
- Research the defenses that apply to your case.
- Initiate investigation to prove you are innocent.
- Review the facts with you to determine if a lesser charge is appropriate.
- Present mitigating factors about you and your case to the judge and prosecutor.
- Negotiate the best possible result for your case.
Here are just a few examples how Jennifer Monroe helps clients charged with a DUI:
DRIVING UNDER THE INFLUENCE/DUI/DWI California Vehicle Code 23152 vc
Van Nuys: CASE DISMISSED!
Client was facing two open DUI cases. Both were charged as third time DUI’s. If he was found guilty of one, the other would have been elevated to a felony and he would have been facing years in jail. Attorney Jennifer Monroe reviewed the evidence against her client and found significant proof problems in one of the cases. She informed the prosecutor of the significant proof problems, refused to plead her client on the case, and was prepared to go to trial. The prosecutor agreed there were problems with their case and tried to conduct further investigation into the case problems. The officers could not explain all the problems, and the case was dismissed. The client avoided the felony and serious jail time.
Burbank: NO JAIL ON SECOND DUI’S!
Client was facing 90 days in jail for her second time DUI out of Burbank. She was on probation out of Burbank for the first still, had over .20 BAC in both DUI’s and caused an accident in the second DUI. Burbank DUI Defense Attorney Jennifer Monroe negotiated alcohol treatment/rehab and community service in lieu of jail.
Another client was facing 60 days in jail for her second time DUI out of Burbank. She was on probation out of Burbank for the first still, had over a .15 BAC in both DUI’s and was driving erratically in the second DUI. Burbank DUI Defense Attorney Jennifer Monroe negotiated NO JAIL, just an alcohol school and fine after impeaching the arresting officer at the DMV hearing for all the lies he put in his police report and his poor investigation.
Glendale: CASE REDUCED!
Client was facing a five year old DUI case where he was out to warrant the entire time. His breath was .09/.10 and the initially offer was a standard first time offense. The assigned prosecutor did not want to budge on the initial offer. Jennifer Monroe went to the prosecutor’s supervisor and convinced him to reduce the charge to a Wet Reckless and dismiss the failure to appear. The client paid a reduced fine and stayed out of jail.
Metro/Los Angeles: CASE REDUCED!
Client was charged with a DUI after nearly hitting the center divider, speeding, weaving, poor performance on the FST’s, and blew a .13. Wet Reckless reductions are rare with a .13 BAC in Los Angeles County DUI courts. However, Jennifer Monroe prepared a defense that explained each negative fact for the defense. The defense included mechanical defects to her vehicle, physical impairment to explain the performance on the FST’s, and a recent medical surgery that caused her blood alcohol level to be off by at least .03. After Jennifer Monroe presented the defense case to the prosecution, the case was reduced to a Wet Reckless, the client paid a reduced fine, and stayed out of jail.
DUI DISMISSED FOR A SPEED CONTEST!
Client was stopped for using her cell phone, which she denied because she was using the maps feature and not talking or texting. The officer smelled alcohol on her breath and conducted a DUI investigation. The Client submitted to a preliminary breath test (PBT) that resulted in in a .11/.10. About an hour later the client submitted to a breathalyzer which resulted in a .08/.09. Metropolitan Criminal Defense attorney Jennifer Monroe subpoenaed the client’s cell phone records which proved she was not using the cell phone in a prohibited manner.
Jennifer Monroe advised the Los Angeles City Attorney that she was going to run a 1538.5 motion to dismiss due to the unlawful stop. To avoid possibility losing the case the prosecutor reduced the charge to a speed contest, reduced the probation from 3 years to 2 years, and only required a fine. Client avoided the DUI conviction and Jennifer Monroe also won the DMV hearing so the client was never even required to attend alcohol classes and never incurred a suspended license.
See Results for more examples of how Jennifer Monroe has helped defend her clients.
Los Angeles and Ventura County Assault and Battery Defense Attorney
Call Jennifer Monroe directly at (805) 501-1880 for immediate assistance with your assault and battery case.
Law Offices of Jennifer Monroe defends DUI cases in the following cities: Los Angeles County: Agoura Hills Alhambra Arcadia Artesia Avalon Azusa Baldwin Park Bell Bell Gardens Bellflower Beverly Hills Bradbury Burbank Calabasas Carson Cerritos Claremont Commerce Compton Covina Cudahy Culver City Diamond Bar Downey Duarte El Monte El Segundo Gardena Glendale Glendora Hawaiian Gardens Hawthorne Hermosa Beach Hidden Hills Huntington Park Industry Inglewood Irwindale La Canada Flintridge La Habra Heights La Mirada La Puente La Verne Lakewood Lancaster Lawndale Lomita Long Beach Los Angeles Lynwood Malibu Manhattan Beach Maywood Monrovia Montebello Monterey Park Norwalk Palmdale Palos Verdes Estates Paramount Pasadena Pico Rivera Pomona Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Rosemead San Dimas San Fernando San Gabriel San Marino Santa Clarita Santa Fe Springs Santa Monica Sierra Madre Signal Hill South El Monte South Gate SouthPasadena Temple City Torrance Van Nuys Vernon Walnut West Covina West Hollywood Westlake Village Whittier. Ventura County: Camarillo Fillmore Moorpark