DUI Lawyer Buena Park. If you're up against a DUI in Buena Park, it can feel overwhelming. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. California law also prohibits you from refusing to take a DUI test, and the consequences you face might be even worse than a DUI conviction. 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 don't want to be alone. 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 prepared for any DUI charges in Buena Park, CA.
We are California's best DUI defense lawyers and have over 50 years of combined courtroom experience. When you work with us, you're getting a team of former prosecutors who know how to defend your rights in the Buena Park, CA, judicial system and find the best result for your case.
While you're hesitating, the odds are stacking up against you. Talk to a lawyer now at (800) 755-5174 or tell us about your case online to start building your defense strategy today.
Buena Park, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Buena Park, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
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 both before and after an arrest. Even just saying "I only had two drinks" can work against you.
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Treat the Officer Respectfully
Being rude won't improve your case — it will come back to bite you. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, 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 Buena Park?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, 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 with 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. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can begin as soon as you're arrested – at that time, you will be given a 30-day, temporary license, and your actual license will be taken. While you're processing this, the police are updating your records with the DMV to account for the arrest, officially suspending your license.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: While all of the criminal proceedings are going on, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Buena Park DUI defense attorney will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will negotiate with the Buena Park prosecutor to try and secure a favorable deal before a trial. But if the prosecutor won't give you a favorable offer, your attorney should be creating a defense now.
- Criminal Trial: Most DUI cases won't 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 penalties. 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. If you need help today, our team has the knowledge to guide you forward!
Buena Park DUI Allegations and Criminal Cases vs. DMV Hearings
Buena 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. These will never be handled in the same hearing, but when you hire the right attorney, they can defend you in both cases.
Here are important factors for both case types, and how we fight to protect your liberty and right to drive:
Buena 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.
Your DUI case will typically go through the same process as any other 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 protect your rights and fight against the accusations. We'll debate the legality of the traffic stop, display flaws in the officer's analysis, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can exonerate you.
If you're facing jail time in Buena Park, CA, our attorneys can help you avoid it. For several cases, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Buena Park, CA, DUI License Suspension
While your Buena Park criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is independent of the 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, no matter what the court decision was, it won't automatically give you back your license. 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. These hearings have serious consequences that require an expert Buena 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 an extra chance to set up that hearing. This is why it's crucial to contact a Buena Park DUI defense attorney right away after an arrest.
Punishments After a DUI Conviction in Buena Park, CA
Buena Park, CA, DUI criminal penalties are intimidating – even for the ones considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be looking to avoid, depending on what your charges are:
| 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 |
You'll also be facing significant collateral consequences, such as more expenses on your insurance and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 individuals working on the naturalization process, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
These accusations can be intimidating, but they are not the end. Your Buena Park, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you're liking looking forward to putting this all behind you. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Buena Park, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's imperative to pick the right lawyer to represent you. Your team needs the proficiency, experience, and contacts to secure a positive outcome for your case. When evaluating DUI lawyers in Buena Park, CA, you want to judge the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police officers, totalling more than 50 years of experience.
- Availability: You should be able to get help fast, whenever you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Buena Park 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 California.
- 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. We want you to be our next success story.
DUI Case Types We Defend in Buena Park
Whatever DUI charge you're up against in Buena Park, CA – your DUI defense lawyer from our team prepared for the charges.
Below, you can review a list of the DUI charges 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 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 Buena Park, CA
Our Buena Park, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legitimacy of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, then the evidence arising from that traffic stop could be invalid. This defense is effective 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 BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will investigate any possible errors that were made when you took the test, 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 'one-leg stand,' are standard practice for police officers to use. But these tests are subjective. Your local DUI lawyer will inspect any records of the test and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. Even though this is harder to fight, our lawyers have more defense strategies we can pull from. 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.
Get Rapid Assistance – Speak With Our Buena Park DUI Defense Lawyers TODAY
Buena Park, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. The police officer takes your license, there could be interrogations, you're informed of a court date…it's easy to be lost. And that's why it's all the more important to hire a DUI defense lawyer right away.
Don't sit by and watch the evidence mount against you. Don't lose your license because you missed the DMV hearing window. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Buena Park, CA DUI charges. We're ready to take on your case right now and will start protecting your driving privileges and your liberty right away. Speak with a lawyer now at (800) 755-5174 or tell us about your case online for a free consultation.
We also provide the following legal services in Buena Park, CA:
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