DUI Lawyer Adelanto. If convicted, a DUI can permanently change your life for the worse. This isn't just an administrative issue; criminal charges can result in prison, fines, and additional harsh penalties. California law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you've been accused of a DUI in Adelanto, CA, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Adelanto, CA.
We are California's top DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you hire us, you're getting a team of former prosecutors who know how to fight for you in the Adelanto, CA, justice system and provide paths to positive outcomes.
If you want to build an effective defense, you need to act now. Get in touch today at (800) 755-5174 or tell us about your case online to start crafting your defense today.
Adelanto, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Adelanto, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections at all points in the legal process. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Automatically Consent to Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. If you haven't been arrested, you can decline to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Be Polite and Don't Argue
Being rude won't help — it can end up making your case harder to defend. This is about more than just avoiding an arrest in the short term; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Adelanto?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often through field sobriety tests, then decide whether or not to arrest you based on your performance.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can start the minute the officer arrests you – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. In the meantime, they are ensuring that the arrest is added to your DMV record, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will be summoned to a court hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Separate from the criminal charges, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Most people accused of DUIs in Adelanto, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the meantime, your Adelanto DUI defense attorney will file pretrial motions, likely including some to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will communicate with the Adelanto prosecutor to find a plea deal that minimizes penalties for you. But if the case goes to trial, your attorney should be creating a defense now.
- Criminal Trial: Your case probably will not go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the outcome of your case, you may face sanctions. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and bureaucratic side. Whatever stage in the process you're at, we have the experience to help you move towards a positive outcome!
Adelanto DUI Allegations and Criminal Cases vs. DMV Hearings
Adelanto, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. Different CA organizations cover each of these aspects, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are important factors for both case types, and what our attorneys will do for your justice and vehicular rights:
Adelanto, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Adelanto, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we build your defense and push back against the criminal accusations. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and look for evidence that can present an alternate narrative.
The vast majority of our DUI clients in Adelanto do not receive any jail sentence. Frequently, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
Adelanto, CA, DUI License Suspension
While your Adelanto criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, this administrative hearing is focused on if you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with a Adelanto, CA, DUI lawyer from our firm, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, you're out of luck. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's essential to contact a Adelanto DUI defense attorney without delay after an arrest.
Sentence You Could Face for a DUI in Adelanto, CA
Adelanto, CA, DUI criminal penalties can leave a mark on your record for life – even for the ones considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be fighting against, depending on what your charges are:
| Alleged DUI Offense | Jail/Prison Time | Fine |
|---|---|---|
| First Time DUI | 48 Hours to 6 Months | Up to $1,000 |
| Second Time DUI | 96 Hours to 1 Year | Up to $1,000 |
| Third Time DUI | 120 Days to 1 Year | Up to $1,000 |
| Fourth Time DUI (Felony) | 16 Months to 3 Years | Up to $1,000 |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 |
Beyond any sentence that a judge in Adelanto, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and career setbacks.
DUIs and Immigration
DUI immigration consequences can be devastating. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. The bad news is that if you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will be put on the same level as serious felonies when it comes to immigration consequenceses. For individuals working on the naturalization process, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Adelanto, CA, immigration lawyer. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs and plea deals that can keep a DUI off your record, defend you against efforts to expel you from the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you're liking looking forward to putting this all behind you. The bad news is that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Adelanto, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's key to pick the right lawyer to represent you. Your team needs the expertise, background, and contacts to find the best outcome for your case. When you speak with Adelanto, CA, DUI attorneys about your case, ask them about the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police officers, totalling over 50 years of experience.
- Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Adelanto and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Take On in Adelanto
Criminal and administrative, whatever type of DUI charges you're fighting in Adelanto, CA – your DUI defense lawyer from our team prepared for the charges.
Below, you can review a list of the DUI charges we have experience defending:
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- Disorderly Conduct
- Disturbing the Peace
- DMV Hearing Defense
- Driving with a Suspended License
- Driving Without a License
- Driving Without Insurance
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI and Professional Licenses in California
- DUI Blood Test Defense
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI License Reinstatement
- DUI Probation Violation
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Penalties
- DUI with Child Passenger
- Evasion
- Exhibition of Speed
- Felony DUI
- Field Sobriety Tests
- First-Time DUI
- Fourth DUI Felony Escalation
- Hit and Run
- Hit and Run DUI
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Street Racing
- Second Time DUI
- Third DUI California
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Tactics in Adelanto, CA
Every DUI case needs a defensive strategy, and our Adelanto, CA DUI defense lawyers are here to help you find the right one. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Challenge the Legitimacy of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, your case could be thrown out on legal grounds. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will investigate whether or not the procedure was followed when administering the tests, push for tests to be redone, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. We will audit the test records and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. While this is can be difficult to overcome, we won't give up yet. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Talk To Our Adelanto DUI Defense Attorneys RIGHT AWAY
After a DUI arrest, it can feel like you don't even have time to think. You lose your license, there could be interrogations, you're told you have a court date…it's easy to be out of control. With everything going on, your best way out is to call aAdelanto, CA, DUI lawyer now.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Adelanto, CA DUI charges. We're equipped with the tools to build your case immediately and will begin protecting your license and your rights now. Speak with a lawyer now at (800) 755-5174 or tell us about your charges online for a confidential consultation.
We also provide the following legal services in Adelanto, CA:
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