DUI Lawyer Baldwin Park. If convicted, a DUI can permanently change your life for the worse. You're being accused of a crime; you're up against thousand dollar fines, years in jail, and more. Declining a breathalyzer or blood test on its own can result in charges, 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 find yourself in this situation, you need help from a DUI defense expert. Trying to defeat the allegations is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you choose us, you're getting a team of veteran defense attorneys who know how to fight for you in the Baldwin Park, CA, justice system and provide paths to positive outcomes.
If you want to build an effective defense, you need to act now. Call 24/7 at (800) 755-5174 or tell us about your case online to start constructing your defense strategy today.
Baldwin Park, 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 Baldwin Park, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections at all points in the legal process. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Automatically Consent to Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it will likely be something you regret. This isn't just something you're doing out of courtesy, though; it also benefits your defense: When you resist or act disrespectfully, 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 Baldwin Park?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't undergo any tests at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, generally through field sobriety tests, then arrest you based on that.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can start the minute the officer arrests you – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. In the meantime, the police are contacting the DMV about your DUI arrest, 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: Even though you might feel overwhelmed by the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Most people accused of DUIs in Baldwin Park, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your Baldwin Park DUI defense attorney will building the framework of your defense and filing motions to throw out illegal evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will communicate with the Baldwin Park prosecutor to avoid a trial with a plea deal that protects you. But if the case goes to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face consequences. 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 DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), give us a call so that we can help!
Baldwin Park DUI: Fighting Criminal Cases vs. DMV Hearings
Baldwin Park, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the driver's case. Different CA organizations cover each of these aspects, 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 ways we defend your freedom and vehicular rights:
Baldwin Park, 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 – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we listen to your side of the story and dissect the accusations. We'll examine the lawfulness of the traffic stop, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and look for evidence that can result in a not guilty plea.
With our defense strategies, we are almost always successful at protecting our Baldwin Park, CA, clients from jail time. For many clients, we'll get the prosecutor 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.
Baldwin Park, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and to fight it, you'll need to request an administrative hearing within ten days of being arrested.
The criminal charges are not always relevant in the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the entire DMV hearing is about 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 Baldwin Park, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's essential to contact a Baldwin Park DUI defense attorney right away after the arrest.
DUI Punishments in Baldwin Park
Baldwin Park, CA, DUI criminal penalties can be harsh – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| 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 |
You'll also be facing significant collateral consequences, such as elevated insurance costs and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be devastating. On the bright side, most first-time DUIs at this time will not result in deportation. 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 conviction will qualify an immigrant for deportation. For individuals working on the naturalization process, even if you aren't deported, it hurts your application process.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Baldwin Park, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: 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 offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you'll probably be looking to move on as soon as possible. You'll find, though, that 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 Baldwin Park, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
Accused of a DUI in Baldwin Park? It is critical to pick the right lawyer to represent you. Your team needs the talent, practice, and connections to secure a positive outcome for your case. Here are the main things to look for in your Baldwin Park, 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, district attorneys, and police officers, totalling over five decades of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. We're available 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our firm has experience working with the prosecutors in Baldwin Park and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. 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 in Baldwin Park
Criminal and administrative, whatever type of DUI charges you're fighting in Baldwin Park, CA – all of our DUI defense attorneys are prepared help you navigate the charges.
Here is a list of the DUI allegations we typically 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 Strategies in Baldwin Park, CA
Whatever type of charge you're facing, our Baldwin Park, CA, DUI attorneys can help you fight it. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, you might be able to secure a dismissal of the charges. 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.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any issues with how the equipment was stored or used, retest in some cases, using a "blood-split" motion, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But you can still challenge them – they are not ironclad proof of guilt. We will examine the evidence and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. Even though this is harder to fight, it's not the end of your case. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Start Your Defense Today – Speak With Our Baldwin Park DUI Defense Attorneys RIGHT AWAY
After a DUI arrest, it can be a whirlwind of legal processes. Your license disappears, you could find yourself in an interrogation room, you're told you have a court date…it's easy to be lost. To fight through the allegations, your first step is to contact a DUI defense 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 Baldwin Park, CA DUI charges. We're standing by to answer your call right now and will start protecting your driving privileges and keep you out of jail as soon as you call. Talk to one of our team members now at (800) 755-5174 or fill out our contact form online for a free, confidential case review.
We also provide the following legal services in Baldwin Park, CA:
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