DUI Lawyer Alameda. Alameda DUI charges are very serious. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and the consequences you face might be even worse than a DUI conviction. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you're facing these types of charges in CA, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's top DUI defense lawyers and have successfully fought countless DUI charges. When you work with us, you're getting a team of former prosecutors who know how to defend your rights in the Alameda, CA, justice system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Get in touch without delay at (800) 755-5174 or tell us about your charges online to start building your case's defense today.
Alameda, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Alameda, CA, DUI Lawyer for you that will guide you through your next traffic stop:
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. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. By keeping these documents on hand, 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 both before and after an arrest. Even just saying "I only had two drinks" can work against you.
Tip #3: Refuse Voluntary Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either 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: Be Polite and Don't Argue
Acting belligerent and uncooperative won't help — it will come back to bite you. This is about more than just avoiding an arrest in the short term; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Alameda?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally with field sobriety tests, then arrest you based on your performance.
As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- 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. While you're processing this, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Separate from 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: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Meanwhile, your Alameda DUI defense lawyer will be filing motions, including motions to throw out illegal evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will speak with the Alameda district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if the case goes to trial, your attorney should be crafting a strategy now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how you plea or are found, you may face a punishment. 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 help you fight any allegation, on both the criminal defense and driver's license 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, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Alameda, CA, DUI charges are always a two-pronged challenge: The criminal case and the fight for your license. Different CA organizations cover each of these aspects, 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 driving privileges:
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.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we craft a staunch defense and discredit the charges. We'll question whether or not the traffic stop was legitimate, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Alameda, CA. In many cases, we'll work out a plea for reduced 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
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension doesn't wait for your criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you receive a "not guilty" verdict, you can still lose your license. 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 to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you hire us, 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 a second chance to arrange for that hearing. This is why it's important to contact a Alameda DUI defense lawyer without delay after being arrested.
Alameda DUI Sentences and Consequences
Alameda, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be fighting against, depending on the nature of the allegations:
| DUI Criminal Charge | 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 |
On top of whatever sentence you receive in Alameda court, you have to endure several collateral consequences, such as increased insurance premiums and impacts on your employment.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically result in deportation. 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 conviction will qualify an immigrant for deportation. For immigrants seeking citizenship, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Alameda, CA, immigration lawyer. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: 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 assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, it's natural to want to move on and leave this in the past. Unfortunately, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. A Alameda, CA, DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Alameda: What You Need to Know
Defending yourself against a DUI in Alameda? It's vital to pick the right lawyer to fight for you. Your team needs the expertise, experience, and ties to offer the best possible outcome for your case. When you speak with Alameda, 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, you get a team that has former judges, prosecutors, and police officers, totalling more than five decades of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our team is prepared to help you 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Alameda and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators 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 Defend Against in Alameda
Whatever type of DUI charge you need help with in Alameda, CA – all of our DUI defense attorneys are prepared help you navigate the charges.
Here is a list of the DUI cases we can provide defenses for:
- 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 Accident Defense
- 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 in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- 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 is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legitimacy of the Arrest
If the police did not follow proper procedure while stopping and examining you, then the evidence arising from that traffic stop could be invalid. This defense is effective if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With BAC Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team will highlight the ways that these tests can give false readings, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But ultimately, these are judgment calls on the part of the officer. We will audit the test records and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. Even though this is harder to fight, there are still ways to fight it. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Timing is Critical – Speak With Our Alameda DUI Defense Attorneys NOW
Alameda, CA, DUI accusations are serious. After an arrest, you'll hardly get a chance to catch your breath. Your license disappears, you could find yourself in an interrogation room, you're told you have a court date…it's easy to feel overwhelmed. Your path forward begins when you call a lawyer as soon as possible.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Alameda, CA DUI charges. We're prepared to start building your defense fast and will start safeguarding your license and keep you out of jail immediately. Speak with a lawyer now at (800) 755-5174 or tell us about your case online for a free case review.
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