DUI Lawyer Bakersfield. DUI law in Bakersfield is complex. You're not just facing the loss of your license; you're up against thousand dollar fines, years in jail, and more. CA law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you find yourself in this situation, you don't want to be alone. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to defend you.
We are CA's best 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 accomplished defense attorneys who know how to navigate the Bakersfield, CA, court system and get you the best outcome possible.
Don't wait and let your chance slip away. Reach out anytime, day or night, at (800) 755-5174 or tell us about your case online to start constructing your defense today.
What Happens After a DUI Arrest in Bakersfield?
CA DUI Law allows an officer to arrest you without a BAC level over the limit, or if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, often via field sobriety tests, then make arrests based on the results.
Right after your arrest, 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 can start the minute the officer arrests you – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. Meanwhile, the police are informing the DMV about the arrest, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will be brought before a judge, 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 want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Meanwhile, your Bakersfield DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will communicate with the Bakersfield prosecutor to find a plea deal that minimizes penalties for you. But if it does go to trial, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case proceeds, you may face some form of sentence. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and license side. No matter where you are in your case, our team has the knowledge to guide you forward!
Bakersfield DUI: Fighting Criminal Cases vs. DMV Hearings
Bakersfield, CA, DUI charges include two separate fights: The criminal case and the license suspension. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and insights into how we protect your liberty and driving privileges:
Bakersfield, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
The general court process is the same as any other criminal case – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we defend your freedom and attack the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show you are not guilty.
We have an extremely strong track record of clients who have avoided jail time. Often, we'll get the prosecutor to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
Bakersfield, CA, DUI License Suspension
While your Bakersfield criminal charges may be top of mind, don't forget about 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 your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, you can lose your license regardless of the outcome of the criminal case. 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 blow, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you're out of luck. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's crucial to contact a Bakersfield DUI defense lawyer right away after being arrested.
DUI Punishments in Bakersfield
CA DUI criminal penalties are a lot to face – even for the ones 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 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 |
Beyond the Bakersfield, CA legal sentence collateral consequences, such as increased insurance premiums and barriers between you and professional licenses.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. A DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
Top DUI Defense Attorneys in Bakersfield: What You Need to Know
No matter what DUI alleges you've been charged with, it's crucial to pick the right lawyer to defend you. Your team needs the skills, practice, and connections to secure a positive outcome for your case. When looking for a DUI defense lawyer in Bakersfield, CA, look for these signs:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling over 50 years of experience.
- Availability: So that you can get help right away when you need it. You can get a hold of us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We're familiar with the prosecutors in Bakersfield and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- 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. And we'd be proud to represent you as well.
DUI Case Types We Defend in Bakersfield
Whatever DUI charge you're up against in Bakersfield, CA – our DUI defense attorneys are prepared for the charges.
Here is a list of the DUI case types we regularly 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
Don't Wait – Call Our Bakersfield DUI Defense Lawyers TODAY
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. You lose your license, they might try to do additional tests, you're informed of a court date…it's easy to be out of control. With everything going on, your best way out is to call an attorney immediately.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. 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 Bakersfield, CA DUI charges. We're equipped with the tools to build your case right now and will begin protecting your license and your rights as soon as you call. Get a hold of 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 Bakersfield, CA:
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