DUI Lawyer Buena Park. Buena Park DUI charges are very serious. You're being accused of a crime; you're also facing jail time, fines, and other 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 there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you've been accused of a DUI in Buena Park, CA, you need help from a DUI defense expert. Trying to stand up for yourself against the prosecution 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 premier DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you choose us, you're getting a team of experienced, high-quality lawyers who know how to protect you in the Buena Park, CA, justice system and will always be honest with you about the state of your case and the best path forward.
Take too long to start your defense, and you could miss your chance. Speak with one of our attorneys 24/7 at (800) 755-5174 or tell us about your charges online to start putting together your defense today.
Buena Park, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Buena Park, 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. 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: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. The officer may not like it, but they can't compel you to participate. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Respect the Law Enforcement Officer
Being rude won't help — it will come back to bite you. This is about more than just avoiding an arrest in the short term; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
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 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, often with field sobriety tests, then make arrests based on how you do.
Once you've been arrested, the CA legal system will proceed with 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 can begin as soon as 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. In the meantime, the police are ensuring that the arrest is added to your DMV record, which updates their records to show your license as suspended.
- Arraignment: Before you are released, you will be summoned to a court hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: While all of the criminal proceedings are going on, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Buena Park DUI defense attorney will file motions to strengthen your defense, such as ones to throw out illegal evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will contact the Buena Park prosecutor to present you with plea deal offers that could protect your freedom. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on the outcome of your case, 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 fight any allegation, 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!
Buena Park, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Buena Park, CA, DUI charges include two separate fights: The criminal case and the administrative case. This will always require two separate defenses, 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 insights into how we protect your freedom and right to drive:
Buena Park, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Buena Park, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we provide expert defense and attack the allegations. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can result in a not guilty plea.
If you're facing jail time in Buena Park, CA, our attorneys can help you avoid it. Frequently, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Buena Park, 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 goes into effect regardless of where you're at in the criminal process, and to fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on 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 alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you're out of luck. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's critical to contact a Buena Park DUI defense attorney as soon as you can after the traffic stop.
Punishments After a DUI Conviction in Buena Park, CA
Buena Park, CA, DUI criminal penalties can be harsh – even though some are 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 fighting against, depending on how exactly your charged and your history:
| 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 |
Beyond any sentence that a judge in Buena Park, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 will become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it hurts your application process.
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, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs that will protect you from the harshest outcomes, fight against removal proceedings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. You'll find, though, that your arrest and/or criminal record can cause some major issues for your life. 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 an opportunity to clean your record.
Important Qualities You Need in a Buena Park, CA DUI Attorney
When you're facing DUI charges, it's vital to pick the right lawyer to take your case. Your team needs the skills, practice, and connections to secure a positive outcome for your case. When evaluating DUI lawyers in Buena Park, CA, you want to judge the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and law enforcement, totalling more than 50 years 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 Buena Park and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades 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're ready to add you to our list of success stories.
DUI Case Types We Take On in Buena Park
Whatever DUI charge you're up against in Buena Park, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Below, you can review a list of the DUI cases we commonly 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 Strategies in Buena Park, CA
Whatever type of charge you're facing, our Buena Park, CA, DUI attorneys can help you fight it. 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 Legality of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, you might be able to secure a dismissal of the charges. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With BAC Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. We will highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records 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. While this is can be difficult to overcome, it's not the end of your case. 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.
Don't Wait – Speak With Our Buena Park DUI Defense Attorneys TODAY
DUI allegations are no joke. After you've been charged, things move pretty fast. The police officer takes your license, you might be interrogated, you get a court date…it's easy to be overwhelmed. To fight through the allegations, your first step is to call an attorney as soon as possible.
Don't let the state decide how your case will go. Don't let your license go without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Buena Park, CA DUI charges. We're prepared to start building your defense right now and will start safeguarding your license and your rights right away. Reach out to us now at (800) 755-5174 or tell us about your charges online for a confidential case review.
We also provide the following legal services in Buena Park, CA:
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