DUI Lawyer Antioch. If you're up against a DUI in Antioch, it can feel overwhelming. You're not just facing the loss of your license; you're up against thousand dollar fines, years in jail, and more. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and in some cases, refusing can give you even worse penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If the Antioch, CA, district attorney is coming after you, you need help from a DUI defense expert. 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 just a call away in Antioch, CA.
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 DUI defense experts who know how to protect you in the Antioch, CA, court system and provide paths to positive outcomes.
If you want to build an effective defense, you need to act now. Speak with one of our attorneys anytime, day or night, at (800) 755-5174 or tell us about your charges online to start building your case's defense today.
Antioch, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Antioch, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Don't Automatically Consent to 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. The officer may not like it, but they can't compel you 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: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Antioch?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably with field sobriety tests, then make judgements based on that.
Once you've been arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. Most DUI cases in Antioch, CA, follow this progression:
- Suspension: Your license suspension effective immediately after your arrest – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. In the meantime, they are updating your records with the DMV to account for the arrest, beginning the formal suspension.
- Arraignment: Before you are released, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: While all of the criminal proceedings are going on, 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 Antioch, CA, are able to secure pretrial release, although they'll likely need to pay bail. Between your potential release and the trial, your Antioch DUI defense attorney will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will communicate with the Antioch prosecutor to avoid a trial with a plea deal that protects you. But if it does go to trial, your attorney should be preparing now.
- Criminal Trial: Your case probably will not 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 penalties. 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 administrative side. If you're facing a potential conviction, you can start with a call to our offices!
Antioch DUI: Fighting Criminal Cases vs. DMV Hearings
Antioch, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are some things you need to know about both, and our process for defending your justice and license:
Antioch, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Antioch, 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 defend your freedom and dissect the allegations. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can present an alternate narrative.
We know what it takes to keep DUI defense clients out of jail in Antioch, CA. Frequently, 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.
Antioch, CA, DUI License Suspension
On the other side of a Antioch DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on 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, the focus of this hearing is whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. When you work with a Antioch, 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, the suspension is probably hear to stay. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's important to contact a Antioch DUI defense lawyer immediately after an arrest.
Antioch DUI Sentences and Consequences
Antioch, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be trying to avoid, depending on what your charges are:
| Formal DUI 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 Antioch court, you have to endure several collateral consequences, such as rising insurance rates and career setbacks.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. 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 something made this allegation more serious, like an injured bystander, 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 immigrants seeking citizenship, even if you aren't deported, it hurts your application process.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Antioch, CA, immigration lawyer can help you navigate the situation. 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 that can protect you from a conviction, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
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. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Antioch, CA, DUI defense attorney can help you out here, too, and give you a path to clean your record.
Top DUI Defense Attorneys in Antioch: What You Need to Know
When you're facing DUI charges, it's crucial to pick the right lawyer to defend your innocence. Your team needs the abilities, preparation, and ties to provide the optimal outcome for your case. Here are the main things to look for in your Antioch, CA, DUI defense lawyer:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and police, totalling more than 50 years of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We have experience working with the prosecutors in Antioch and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 Antioch
Whatever DUI charge you're up against in Antioch, CA – our DUI defense attorneys are prepared stand by you against the charges.
Below, you can review a list of the DUI cases 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 Antioch, CA
Whatever type of charge you're facing, our Antioch, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, we can challenge the evidence, and even the legitimacy of the case itself. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in BAC Tests
Many DUI cases center around a blood-alcohol content test. Our team will investigate any possible errors that were made when you took the test, push for tests to be redone, 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 these tests are subjective. Your local DUI lawyer will inspect any records of the test and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer 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 certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Timing is Critical – Contact Our Antioch DUI Defense Attorneys RIGHT AWAY
After a DUI arrest, it feels like there's no space to breathe. You lose your right to drive, law enforcement might try to do additional tests, you get a court date…it's easy to feel like there's no way forward. With everything going on, your best way out is to speak to aAntioch, CA, DUI attorney as soon as possible.
Don't give up and let the district attorney win. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Antioch, CA DUI charges. We're equipped with the tools to build your case right now and will can fight for your license and your freedom right away. Get a hold of us now at (800) 755-5174 or let us know what you need online for a no strings attached consultation.
We also provide the following legal services in Antioch, CA:
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