DUI Lawyer Baldwin Park. If convicted, a DUI can permanently change your life for the worse. This isn't just an administrative issue; criminal charges can result in prison, fines, and additional harsh penalties. 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 fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
Regardless of whether you're innocent or not, you should consult with an expert to find your best path forward. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's top 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 former prosecutors who know how to fight for you in the Baldwin Park, CA, legal system and provide paths to positive outcomes.
If you wait too long to build a defense, it could become too late. Reach out now at (800) 755-5174 or tell us about your case online to start building your case's defense today.
Baldwin Park, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but knowing how to handle the situation is important for all Baldwin Park, CA, residents. Below are four tips from a Baldwin Park, 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 typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections during the entirety of your interactions with the law. Trying to explain away the smell of alcohol will probably just get you in more trouble.
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. 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
Refusing to cooperate with the police won't improve your case — it will increase your chances of getting in trouble. This doesn't just help you get through the traffic stop; it also benefits your defense: If you try to talk back or argue with the officer, 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 blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, typically through field sobriety tests, then decide whether or not to arrest you based on how you do.
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 – when arrested, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, the police are ensuring that the arrest is added to your DMV record, which means your license is officially suspended.
- Arraignment: Sometime after arriving at the police station, you will be brought before a judge, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: Even though you might feel overwhelmed by 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: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Baldwin Park DUI defense lawyer will file pretrial motions, likely including some to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will work directly with the Baldwin Park prosecutor to find a plea deal that minimizes penalties for you. But if it does go to trial, 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 if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the result of your case, you may face sanctions. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and administrative side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), call now and we'll be happy to assist!
Baldwin Park DUI: Fighting Criminal Cases vs. DMV Hearings
Baldwin Park, CA, DUI charges are special because of their dual-nature: The criminal case and the license suspension. This will always require two separate defenses, but both cases can be fought by the same DUI defense lawyer.
Here are things to watch out for with both cases, and how we fight to protect your justice and ability to drive:
Baldwin Park, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Baldwin Park, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we build your defense and discredit the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can present an alternate narrative.
We have an extremely strong track record of clients who have avoided jail time in Baldwin Park, CA. Often, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Baldwin Park, CA, DUI License Suspension
On the other side of a Baldwin Park DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and in order 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 hearing is to determine if you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Baldwin Park, CA, DUI lawyer to navigate. At the hearing, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's important to contact a Baldwin Park DUI defense lawyer without delay after the arrest.
Baldwin Park DUI Sentences and Consequences
Baldwin Park, CA, DUI criminal penalties can be harsh – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be facing, depending on what your charges are:
| 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 any sentence that a judge in Baldwin Park, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. The good news is that, currently, a first-time DUI is generally not grounds for removal. The bad news is that if you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. For immigrants seeking citizenship, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Baldwin Park, CA, immigration lawyer can help you navigate the situation. 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 that can protect you from a conviction, defend you against efforts to expel you from the country, and guide you through your citizenship application.
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. It doesn't take long to realize, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Fortunately, if you're in Baldwin Park, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.
Important Qualities You Need in a Baldwin Park, CA DUI Attorney
No matter what DUI allegations you've been charged with, it's critical to pick the right lawyer to represent you. Your team needs the abilities, practice, and contacts to find the best outcome for your case. When you speak with Baldwin Park, CA, DUI attorneys about your case, ask them about the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and law enforcement, totalling more than five decades of experience.
- Availability: So that you can get help right away when you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Baldwin Park 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 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. And we'd be proud to represent you as well.
DUI Case Types We Defend Against in Baldwin Park
Whatever type of DUI charge you need help with in Baldwin Park, CA – your DUI defense lawyer from our team prepared for the charges.
Here is a list of the DUI allegations 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 Accident Defense
- 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 in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Tactics in Baldwin Park, CA
Our Baldwin Park, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legitimacy of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, your case could be thrown out on legal grounds. This defense is a good option if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in Blood, Breath, and/or Urine Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will look into any issues with how the equipment was stored or used, push for tests to be redone, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. An experienced Baldwin Park, CA, DUI attorney will know how to dissect any 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. This may sound bad, but there are still ways to fight it. 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.
Start Your Defense Today – Talk To Our Baldwin Park DUI Defense Lawyers NOW
After a DUI arrest, it can be a whirlwind of legal processes. The police officer takes your license, law enforcement might try to do additional tests, you're informed of a court date…it's easy to feel overwhelmed. In order to find a way out of all that, you need to contact a DUI defense attorney right away.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Baldwin Park, CA DUI charges. We're prepared to start building your defense right now and will work on a strategy to defend your license and your rights right away. Call us now at (800) 755-5174 or get in touch online for a free case review.
We also provide the following legal services in Baldwin Park, CA:
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