Roger B. Lytel is recognized as one of the
Nation's Top 1% Attorneys
The National Association Distinguished Counsel
A high Blood Alcohol
Content (BAC) can be challenged in court. Even if your
BAC was greater than the legal limit at the time of the chemical test,
Roger Lytel can consult with forensic alcohol experts to determine if
it actually was over 0.08 (the legal limit) at the time you were driving
a car. He can determine if the police lawfully detained and arrested
you, if the field sobriety tests were administered correctly, if the officer
administered the blood, breath or urine test in accordance with Title
17 of the California Code of Regulations, and if the law enforcement agency
can prove that their testing device was functioning properly during your
you have only ten calendar days from the date of your arrest to stay
the suspension of your driver's license. You should make
every effort to determine if these charges could be dismissed or if
you could obtain a reduction of the original offense which can possibly
save you a substantial amount of money and your driver's license.
You will automatically lose
your license if a DMV Hearing is not set within ten (10) days of your
arrest date. Call Roger Lytel immediately to obtain a copy of
your police report and to prepare a case to defend your rights.
Lytel will make court appearances so you will not have to be present.
He will handle DMV hearings, appeals, discuss potential strategies and
answer your questions including:
- Is it possible to have
these charges reduced or dismissed?
- Can I obtain a restricted
driver's license in lieu of receiving a suspended license?
- What are the alternatives
to serving actual jail time?
- Can I arrange a payment
plan for the fines?
- What will happen on my
- What happens at a DMV
- What is the legal fee
to have everything handled for me?
Most people charged with
Driving Under the Influence ["DUI" - VC 23152 - (a) is driving
ability impaired, and (b) is driving over the legal alcohol limit] have
a variety of concerns regarding the legal penalties, fines, possible
jail time, how to arrange for SWAP in lieu of serving time in jail,
what usually occurs at
DMV Hearings and how
to save their driver's license or arrange for a permit to continue to
drive to work and/or school. You may consider several types of
defense strategies which could possibly save your driver's license and
keep you out of jail.
is important for you to understand that you are now subject to two separate
complex systems; the Superior Court and the Department of Motor Vehicles.
Each has its own unique rules and penalties.
The Santa Barbara Superior
Court usually imposes the following penalties for a standard DUI FIRST
OFFENSE: a minimum of 18 days in County Jail suspended for a three year
unsupervised probationary period, a fine of $1,300.00, a $125.00 victim
restitution fee. Other terms and conditions include obeying all laws,
complete an alcohol counseling program of 31.5 hours at a cost of $495.00,
and do not drive your vehicle with any measurable amount of alcohol
or without possession of a valid driver's license and automobile insurance
during the probationary period. The penalty including actual jail
time can increase according to a high alcohol blood content, auto accident
or other factors that aggravate the offense. Of course, a second
or third DUI conviction carries more serious penalties.
Our law office is located
downtown, one block from the Santa Barbara Courthouse. Free parking
is available for our clients.
"Mythbuster" TV video on the Breathe Test