DUI Lawyer Bellflower. Bellflower DUI charges are very serious. Besides losing your license, there's a lot at stake; if you're facing years in prison for a repeat offense, your car is the least of your worries. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's best DUI defense lawyers and have over 50 years of combined courtroom experience. When you retain us, you're getting a team of legal experts who know how to navigate the Bellflower, CA, justice system and provide paths to positive outcomes.
Acting fast is key to protecting your freedom and license. Speak with one of our attorneys now at (800) 755-5174 or send us a note online to start crafting your case's defense today.
Bellflower, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Bellflower, CA, DUI Lawyer for you that will guide you through your next traffic stop:
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. 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 avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent during any form of questioning. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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, 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 can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also benefits your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Bellflower?
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. The police can use other methods to determine whether or not you were safe to drive, probably via field sobriety tests, then arrest you based on the results.
Once this happens, 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 go into effect at the time of the arrest – 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, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will attend a hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: As soon as you're released from jail, 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. In the meantime, your Bellflower DUI defense attorney will building the framework of your defense and filing motions to review the arrest footage, 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 attorney will communicate with the Bellflower district attorney to find a plea deal that minimizes penalties for you. But if the prosecutor won't give you a favorable offer, your attorney should be building a defense 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 how your case proceeds, you may face consequences. 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 fight any allegation, on both the criminal defense and driver's license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), you can start with a call to our offices!
Bellflower DUI Allegations and Criminal Cases vs. DMV Hearings
Bellflower, CA, DUI charges include two separate fights: The criminal case and the DMV case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and our process for defending your liberty and vehicular rights:
Bellflower, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Bellflower, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we defend your freedom and fight against the supposed wrongdoing. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can show the events in a more favorable light.
We have an extremely strong track record of clients who have avoided jail time in Bellflower, CA. Commonly, we'll contact the district attorney on their behalf and negotiate a charge reduction, 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.
Bellflower, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension is automatically applied, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. 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 lawfully 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 us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, the suspension is probably hear to stay. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's important to contact a Bellflower DUI defense attorney right away after the traffic stop.
Potential Penalties for a DUI in Bellflower
Bellflower, CA, DUI criminal penalties can permanently affect your life – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed 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 |
You'll also be facing significant collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. On the bright side, most first-time DUIs at this time will not result in deportation. 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 conviction will qualify an immigrant for deportation. For individuals working on the naturalization process, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
If any of the above situations apply to you, don't panic: Call one of our Bellflower, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: 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
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Bellflower, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
Important Qualities You Need in a Bellflower, CA DUI Attorney
When you're facing DUI charges, it's crucial to pick the right lawyer to defend your innocence. Your team needs the expertise, background, and connections to find the best outcome for your case. The top Bellflower, CA, DUI defense attorneys will have all of the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and police, totalling over 50 years of experience handling cases.
- Availability: So that you can get help right away when you need it. Our offices are always available if you need to talk 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our team will leverage our connections with the prosecutors in Bellflower 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: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. 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 Fight in Bellflower
It doesn't matter what kind of DUI you're facing in Bellflower, CA – our DUI defense lawyers are prepared for the charges.
Here is a list of the DUI charges 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 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 Bellflower, CA
Our Bellflower, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legitimacy of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, then the evidence arising from that traffic stop could be invalid. This defense is a good option if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With 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 potential procedural errors, 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 often used by officers to evaluate whether someone is impaired or not. But ultimately, these are judgment calls on the part of the officer. 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
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. Even though this is harder to fight, you do still have viable defense strategies. 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 Bellflower DUI Defense Lawyers NOW
Bellflower, CA, DUI accusations are serious. After an arrest, things move pretty fast. Your license disappears, you might be interrogated, you get a court date…it's easy to be lost. With everything going on, your best way out is to contact an attorney immediately.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Bellflower, CA DUI charges. We're ready to take on your case today and will start protecting your driving privileges and searching for positive outcomes right away. Call us now at (800) 755-5174 or get in touch online for a free consultation.
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