DUI Lawyer Alameda. Alameda DUI charges are very serious. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. If you declined to take an alcohol test, you can face separate charges, and the consequences you face might be even worse than a DUI conviction. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you're facing these types of charges in CA, you need someone in your corner. Trying to fight 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 available to protect you in Alameda.
We are California's best DUI defense lawyers and have over 50 years of combined courtroom experience. When you hire us, you're getting a team of veteran defense attorneys who know how to operate the Alameda, CA, justice system and will always be honest with you about the state of your case and the best path forward.
If you wait too long to build a defense, it could become too late. Talk to a lawyer today at (800) 755-5174 or send us a note online to start preparing your case's defense today.
Alameda, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Alameda, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections during the entirety of your interactions with the law. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. If you haven't been arrested, you can decline to participate. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Don't Argue With the Officer
Refusing to cooperate with the police won't help — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Alameda?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably using field sobriety tests, then make arrests based on your performance.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension effective immediately after your arrest – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, they are providing a record of the arrest to the Alameda, CA, DMV, beginning the formal suspension.
- Arraignment: Before you are released, you will go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your Alameda DUI defense attorney will file motions to strengthen your defense, such as ones to review the arrest footage, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will speak with the Alameda district attorney to find a plea deal that minimizes penalties for you. But if the prosecutor won't give you a favorable offer, your attorney should be creating a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case turns out, you may face consequences. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), we have the experience to help you move towards a positive outcome!
Alameda DUI Allegations and Criminal Cases vs. DMV Hearings
Alameda, CA, DUI charges include two separate fights: The criminal case and the driver's case. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and our process for defending your freedom and vehicular rights:
Alameda, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Your DUI case will typically go through the same process as any other criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we build your defense and push back against the charges. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can present an alternate narrative.
If you're facing jail time in Alameda, CA, our attorneys can help you avoid it. For many clients, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Alameda, CA, DUI License Suspension
On the other side of a Alameda DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
The criminal charges are not always relevant in the DMV hearing. 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 lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's vital to contact a Alameda DUI defense lawyer as soon as you can after the traffic stop.
DUI Punishments in Alameda
Alameda, CA, DUI criminal penalties are intimidating – even though some are misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be fighting against, depending on how exactly your charged and your history:
| 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 |
In addition to any criminal sentence in Alameda, CA, you're also facing collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. The good news is that, currently, a first-time DUI is generally not grounds for removal. The bad news is that if certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI can result in removal from the country. If you are currently applying to become a U.S. citizen, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
If any of the above situations apply to you, don't panic: Call one of our Alameda, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs that can protect you from a conviction, defend you against efforts to expel you from the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, it's natural to want to move on and leave this in the past. It doesn't take long to realize, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Alameda, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.
Important Qualities You Need in a Alameda, CA DUI Attorney
Defending yourself against a DUI in Alameda? It's critical to pick the right lawyer to defend you. Your team needs the talent, practice, and contacts to offer the best possible outcome for your case. When evaluating DUI lawyers in Alameda, CA, you want to judge the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and police officers, totalling more than 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our lines are never off, and you can contact us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Alameda and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Defend Against in Alameda
Whatever type of DUI charge you need help with in Alameda, CA – our DUI defense attorneys are prepared to battle against the charges.
Below, you can review a list of the DUI charges we typically defend:
- 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 Strategies in Alameda, CA
If you want to craft an effective defense strategy, our Alameda, CA, DUI lawyers are here to help. 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.
Contest the Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, you might be able to secure a dismissal of the charges. This defense is a good option if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will highlight the ways that these tests can give false readings, push for tests to be redone, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While this is can be difficult to overcome, there are still ways to fight it. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Don't Wait – Speak With Our Alameda DUI Defense Attorneys AS SOON AS POSSIBLE
Alameda, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. You can't drive anymore, you could find yourself in an interrogation room, you're assigned a court date…it's easy to be lost. With everything going on, your best way out is to call an attorney immediately.
Don't give the state a chance to put you behind bars. Don't lose your ability to drive without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Alameda, CA DUI charges. We're equipped with the tools to build your case now and will begin protecting your license and your freedom right away. Reach out to us now at (800) 755-5174 or tell us about your charges online for a confidential consultation.
We also provide the following legal services in Alameda, CA:
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