DUI Lawyer Alhambra. DUI law in Alhambra is complex. You're being accused of a crime; if you're facing years in prison for a repeat offense, your car is the least of your worries. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
When you're up against the CA legal system, you shouldn't need to do this without help. Trying to defeat the allegations is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's premier DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of accomplished defense attorneys who know how to fight for you in the Alhambra, CA, judicial system and get you the best outcome possible.
If you want to build an effective defense, you need to act now. Get a hold of us 24/7 at (800) 755-5174 or tell us about your case online to start building your case's defense today.
Alhambra, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Alhambra, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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. The officer may not like it, but they can't compel you to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Don't Argue With the Officer
Refusing to cooperate with the police won't improve your case — it will make things worse. 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 can be used against you.
What Happens After a DUI Arrest in Alhambra?
California DUI Law allows an officer to arrest you even if you BAC is below .08, 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, often with field sobriety tests, then make arrests based on the results.
As soon as you're arrested, the CA legal system automatically begins the process for 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 – on the spot, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, the police are providing a record of the arrest to the Alhambra, CA, DMV, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, 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: Most people accused of DUIs in Alhambra, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Alhambra DUI defense attorney will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will communicate with the Alhambra prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if you do have to fight the charges in a trial, your attorney should be building a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. 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 out, no matter where you are in the process, 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), the Law Offices of David S. Chesley are here for you!
Alhambra DUI Allegations and Criminal Cases vs. DMV Hearings
Alhambra, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and insights into how we protect your freedom and ability to drive:
Alhambra, 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.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we provide expert defense and discredit 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 contaminations or errors in blood, breath, or urine tests, and look for evidence that can tell a different story.
The vast majority of our DUI clients in Alhambra do not receive any jail sentence. For several cases, we'll negotiate a plea deal to reduce the 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.
Alhambra, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension is automatically applied, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the entire DMV hearing is about whether or not you were legitimately 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. When you work with us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you're out of luck. Outside of rare cases, you don't get another chance to request that hearing. This is why it's crucial to contact a Alhambra DUI defense lawyer immediately after the traffic stop.
Potential Penalties for a DUI in Alhambra
Alhambra, CA, DUI criminal penalties can permanently affect your life – even for the ones considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be looking to avoid, depending on the allegations you're facing:
| 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 |
You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
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 will become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Alhambra, CA, immigration lawyer immediately. 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 with alternatives to criminal sentencing, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you'll want to get back to life as normal, before the charges. It doesn't take long to realize, though, 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. A Alhambra, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI allegations you've been charged with, it's critical to pick the right lawyer to fight for you. Your team needs the skills, background, and relationships to give you opportunities for a positive outcome for your case. The top Alhambra, CA, DUI defense attorneys will have all of the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and police officers, totalling more than five decades of experience with the law.
- Availability: So that you can get help right away when you need it. You can speak with one of our team members 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our team will leverage our connections with the prosecutors in Alhambra 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: 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. We're ready to add you to our list of success stories.
DUI Case Types We Defend Against in Alhambra
Criminal and administrative, whatever type of DUI charges you're fighting in Alhambra, CA – our DUI defense attorneys are prepared to defend you against the charges.
Below, you can review 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 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 Alhambra, CA
Whatever type of charge you're facing, our Alhambra, CA, DUI attorneys can help you fight it. 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 Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing 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.
Show Issues With Blood, Breath, and/or Urine Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. We will investigate any possible errors that were made when you took the test, retest when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. 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 provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. This may sound bad, but our lawyers have more defense strategies we can pull from. 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 Alhambra DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Alhambra, CA, it feels like there's no space to breathe. You lose your license, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to be like there's no way forward. And that's why it's all the more important to hire an attorney immediately.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. 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 Alhambra, CA DUI charges. We're prepared to start building your defense now and will start safeguarding your license and searching for positive outcomes as soon as you call. Call us now at (800) 755-5174 or set up an appointment online for a free, confidential consultation.
We also provide the following legal services in Alhambra, CA:
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