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DUI Alcohol: California Vehicle Code 23152             

Attorney David Chesley runs a powerful criminal defense law firm that has quickly spread throughout Southern California. Along with his team of expert DUI attorneys, David Chesley has handle countless criminal defense cases, including a large amount of DUI cases and high profile cases.

Our attorneys are dedicated to provide every single client who steps through our doors with the best possible defense. We will provide you with aggressive representation in order to acquire the best possible results.

When arrested for a DUI, most people believe that it will be impossible to successfully challenge DUI charges. Usually this is wrong, Our Criminal Defense attorneys have successfully represented many clients against DUI related charges.

Often equipment malfunctions can create inaccurate readings, and all forms of BAC testing are prone to error. Blood samples that were taken during your arrest can be acquired in order for us to have them tested at an independent laboratory. This procedure has often led to different results in your blood tests.

Did you know that during the roadside investigation that led to your DUI arrest the arresting officer is required to follow set of standardized procedures? Many police officers fail to follow these guidelines, making evidence gathered in the field questionable.

As you can see our team of Criminal Defense attorneys will investigate your DUI case from every angle and we will find any errors made by the police and by their testing equipment.

Penalties for DUI (VC 23152)

     
  • 1st offense DUI -- Fines between $390 and $1000, jail time from 48 hours to six months, license suspension for six months, probation from three to five years, participation in a DUI education program, and other penalties
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  • 2nd offense DUI -- (Within 10 years of any previous DUI) -- Fines between $390 and $1000, jail time from 96 hours to one year, license suspension up to two years, probation from three to five years, participation in a DUI education program, and other penalties
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  • 3rd offense DUI -- (Within 10 years of any two previous DUIs) -- Fines between $390 and $1000, jail time from 120 days and one year, license suspension up to three years, probation from three to five years, participation in a DUI education program, and other penalties
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  • 4th offense DUI -- (Within 10 years of any three previous DUIs) -- Fines between $390 and $1000, jail time from 180 days to one year, license suspension for three years, participation in a DUI education program, and other penalties. A fourth DUI is a felony offense if all subsequent DUI convictions occurred within 10 years.
     
  • 1st offense DUI with Injury -- Fines between $390 and $1000; jail time up to one year, or longer in state prison; license suspension for one year; probation for three to five years; participation in a DUI education program; and other penalties
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  • 2nd offense DUI with Injury -- (Within 10 years of any previous DUI) -- Fines between $390 and $5000; jail time up to one year, or longer in state prison; license suspension for three years, probation for three to five years; participation in a DUI education program; and other penalties
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  • 3rd or subsequent DUI with Injury -- (Within 10 years of previous DUIs) -- Fines between $390 and $5000; jail time of at least one year, or two, three, or four years in state prison (additional prison time for 4th or more DUI); license suspension for five years; probation for three to five years; designation as a habitual traffic offender; participation in a DUI education program; and other penalties

The Arrest

A DUI commonly begins with an officer of the law pulling you over, or at a checkpoint. If the officer suspects you to be under the influence, he will ask you to perform a series of field sobriety tests, you will also be required to blow into a handheld Breathalyzer. If you are thought to be under the influence, the officer will proceed to arrest you and you will be asked to take either a blood test or a breath test at the police station, or at a hospital.

Refusing both the breath and blood test can result in much tougher DUI penalties, often including a one year driver's license suspension.

Normally if you are arrested for a misdemeanor DUI, you will be released a few hours after your arrest. In case of felony DUIs, you may be required to post bail in order to be released. After you are released you should be given a citation that requires you to appear in court on a certain date and you will also be given a temporary driver's license. Your regular driver's license is usually taken by the arresting police officer and mailed to the Department of Motor Vehicles. If you have an out-of-state driver's license then the police officer will return your driver's license to you when you are released.

After the Arrest

Once you are released it is important to contact your DMV and request a hearing. You will have 10 days from the rest of your arrest to demand a hearing, if you fail to contact the DMV within those 10 days you driver's license will be automatically suspended after 30 days. If you have hired a DUI attorney, your attorney will be able to request the hearing for you. Having an attorney handle this can have many advantages, such as being able to request the hearing at a later date in order to better prepare for it.

Our Southern California DUI lawyers will use the DMV hearing to persuade the DMV to allow you to keep your driving privileges. Our lawyers will also use this opportunity to gather information that can be helpful in building a defense for court. During this hearing our attorneys will subpoena the logs that contain information on the Breathalyzer used during your arrest. These include, Calibration and maintenance logs that can reveal a history of malfunctions or inaccuracies.

Along with these logs, we can also subpoena the arresting officer, this will require the police officer to testify at the DMV hearing. Often the testimony given by the arresting office may reveal any errors that could have been made in the field, during your arrest.

Once the hearing is over, The DMV will consider the matter and make a decision. This decision is normally mailed to you within 30 days of the hearing. If the DMV rules in your favor, then you will be able to maintain your driving privileges. If the DMV rules against you, then your license will be suspended shortly after receiving their decision. Even if the DMV rules in your favor, a conviction in court can lead to a separate license suspension.

If your license is suspended, our DUI attorneys can help you obtain a restricted driver's license within 30 days of the suspension. This license will allow you to drive to and from your place of employment and to any court mandated alcohol programs. Our attorneys will work to obtain a restricted license as soon as possible if your license is suspended.

It is important to know that driving with a suspended license is a serious crime and lead to longer license suspensions and even jail time.

Our DUI lawyers and DUI court

Our expert DUI lawyers will be able to attend most of the DUI court proceedings on your behalf, you will only be required to attend if there is a hearing in which you are required to testify or if the case goes to trial. DUI cases often involve multiple court dates and can run over the course of several months.

During the course of your DUI proceedings, your DUI attorney will spend their time collecting evidence in order to better negotiate with the judge and prosecutor on your behalf. Your attorney will use any evidence gathered to seek dismissal or reductions to any charges you may be facing.

If after all these proceeding, no settlement is reached then the DUI case will be set for a jury trial. Often during a trial, our DUI lawyers will be able to negotiate better deals by using the trial as an opportunity to review minor details that could have been overlooked by the District Attorney.

Contact us

A DUI conviction can have devastating impact on your personal and professional life. A conviction will lead to a permanent mark on your criminal record and will also affect your driving record. One of our expert Southern California Criminal Defense Attorneys will give you an upper hand in avoiding both. We at the Law Offices of David Chesley invite you to contact us for your free initial consultation. During this consultation we will help you explore all the options available to you when fighting a DUI or any other type of criminal charges.

To set up a free consultation or if you have any questions, contact us through our website or give us a call. One of our expert Criminal Defense attorneys will be waiting to speak with you.

  • Los Angeles County
  • Orange County
  • Riverside County
  • San Bernadino County
  • San Diego County
  • Ventura County

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Office Locations

Main Office:
Law Offices of David S. Chesley, Inc.
A Professional Law Corporation
4533 Van Nuys Boulevard, Second Floor
Sherman Oaks, CA 91403

Additional offices in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura.

 
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