DUI Lawyer Bakersfield. If you're up against a DUI in Bakersfield, it can feel overwhelming. 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. California law also prohibits you from refusing to take a DUI test, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you've been accused of a DUI in Bakersfield, CA, you need someone in your corner. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of legal experts who know how to fight for you in the Bakersfield, CA, justice system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Call without delay at (800) 755-5174 or tell us about your charges online to start crafting your defense today.
Bakersfield, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Bakersfield, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Many sober people will have trouble gathering up these documents under pressure. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If 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 the right to remain silent both before and after an arrest. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it will likely be something you regret. You should be respectful for more than its own sake, though; it also aids 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 Bakersfield?
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, probably through field sobriety tests, then make arrests based on the results.
Once this happens, the CA legal system automatically begins the process for 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 starts right away, when you're arrested – on the spot, 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, beginning the formal suspension.
- Arraignment: While under arrest, you will go to court, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: As soon as you're released from jail, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- 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 expert will building the framework of your defense and filing motions to dismiss charges, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will speak with the Bakersfield district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if that doesn't work, your attorney should be refining a defense 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 your case turns out, you may face some form of sentence. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and administrative side. If you're facing a potential conviction, call now and we'll be happy to assist!
Bakersfield, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Bakersfield, CA, DUI charges are special because of their dual-nature: The criminal case and the DMV case. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are important factors for both case types, and ways we defend your justice and driving privileges:
Bakersfield, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Bakersfield, CA, court.
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 build your defense and discredit the criminal accusations. 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 result in a not guilty plea.
We have an extremely strong track record of clients who have avoided jail time in Bakersfield, CA. Commonly, 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 avoid jail time with a probation sentence.
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 goes into effect automatically, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the outcome of the DMV hearing hinges on whether or not you were legitimately 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. When you work with a Bakersfield, CA, DUI lawyer from our firm, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's critical to contact a Bakersfield DUI defense attorney right away after being arrested.
Punishments After a DUI Conviction in Bakersfield, CA
Bakersfield, CA, DUI criminal penalties are a lot to face – while some are 'just' misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be fighting against, depending on the circumstances of the alleged offense:
| 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 |
In addition to any criminal sentence in Bakersfield, CA, you're also facing collateral consequences, such as elevated insurance costs 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 can result in removal from the country. For individuals working on the naturalization process, 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 Bakersfield, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs that will protect you from the harshest outcomes, fight to keep you in the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. It doesn't take long to realize, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Bakersfield, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
When You're Picking a Bakersfield, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's important to pick the right lawyer to represent you. Your team needs the abilities, preparation, and contacts to find the best outcome for your case. When evaluating DUI lawyers in Bakersfield, CA, you want to judge the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police officers, totalling over 50 years of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. You can speak with one of our team members 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Bakersfield and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. We want you to be our next success story.
DUI Case Types We Defend Against in Bakersfield
Criminal and administrative, whatever type of DUI charges you're fighting in Bakersfield, CA – your DUI defense lawyer from our team prepared help you navigate the charges.
Below are some of the DUI charges 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
DUI Defense Tactics in Bakersfield, CA
If you want to craft an effective defense strategy, our Bakersfield, CA, DUI lawyers are here to help. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can argue for your case to be dismissed. This defense is a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical 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 look into any issues with how the equipment was stored or used, re-examine the evidence to look for alternate explanations, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records 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 over the legal limit. Even though this is harder to fight, we won't give up yet. 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.
Start Your Defense Today – Speak With Our Bakersfield DUI Defense Lawyers AS SOON AS POSSIBLE
When you're up against Bakersfield DUI charges, it can feel like you don't even have time to think. The police officer takes your license, there could be interrogations, you're assigned a court date…it's easy to feel out of control. And that's why it's all the more important to hire a lawyer right away.
Don't give the state a chance to put you behind bars. Don't wait too long and lose your driving privileges. 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 Bakersfield, CA DUI charges. We're standing by to answer your call fast and will begin protecting your license and keep you out of jail as soon as you call. Reach out to us now at (800) 755-5174 or let us know what you need online for a free case review.
We also provide the following legal services in Bakersfield, CA:
Payment Plans
