DUI Lawyer Burbank. DUI law in Burbank is complex. You're being accused of a crime; criminal charges can result in prison, fines, and additional harsh penalties. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and the consequences you face might be even worse than a DUI conviction. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you find yourself in this situation, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a fight that you need a team 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 have over 50 years of combined courtroom experience. When you choose us, you're getting a team of experienced, high-quality lawyers who know how to protect you in the Burbank, CA, justice system and provide paths to positive outcomes.
If you want to build an effective defense, you need to act now. Get in touch anytime, day or night, at (800) 755-5174 or send us a note online to start preparing your case's defense today.
Burbank, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but it's still important to know how to handle a traffic stop. Here are four tips from a Burbank, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. Many sober people will have trouble gathering up these documents under pressure. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Be Polite and Don't Argue
Refusing to cooperate with the police won't help — it will come back to bite you. You should be respectful for more than its own sake, though; it also aids your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Burbank?
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. Police officers can do this because they when they rely on other methods to tell if you are impaired, generally using field sobriety tests, then make judgements based on their evaluation of you.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, they are informing the DMV about the arrest, officially suspending your license.
- Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- 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: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the meantime, your Burbank DUI defense attorney will building the framework of your defense and filing motions to dismiss charges, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will bargain with the Burbank prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be preparing now.
- Criminal Trial: It's rare that a DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how you plea or are found, you may face a punishment. 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 fight any allegation, on both the criminal defense and license side. For advice on any stage with your charges, give us a call so that we can help!
DUIs in Burbank, CA and Criminal Cases vs. DMV Hearings
Burbank, CA, DUI charges are special because of their dual-nature: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and insights into how we protect your justice and vehicular rights:
Burbank, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Burbank, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – 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 present reasonable doubt and attack the charges. We'll examine the lawfulness of the traffic stop, display flaws in the officer's analysis, look for weaknesses in the breathalyzer test, and look for evidence that can show you are not guilty.
We know what it takes to keep DUI defense clients out of jail in Burbank, CA. For several cases, we'll work out a plea for reduced 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.
Burbank, CA, DUI License Suspension
On the other side of a Burbank DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the entire DMV hearing is about 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. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's critical to contact a Burbank DUI defense lawyer as soon as you can after the traffic stop.
Burbank DUI Sentences and Consequences
Burbank, CA, DUI criminal penalties are a lot to face – while many are considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be up against, 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 |
Beyond any sentence that a judge in Burbank, CA, sentences you to, you also need to worry about collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. 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 will be put on the same level as serious felonies when it comes to immigration consequenceses. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can set your efforts back by several years.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Burbank, CA, immigration lawyer. 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 and plea deals that can keep a DUI off your record, 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, 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 doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Our Burbank, 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 Burbank, CA DUI Attorney
Up against DUI charges? It's important to pick the right lawyer to defend your innocence. Your team needs the abilities, preparation, and ties to give you opportunities for a positive outcome for your case. When you speak with Burbank, 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, our team includes former judges, prosecutors, and police officers, totalling over five decades of experience with the law.
- Availability: DUI allegations can happen any time, day or night. Our team is prepared to help you 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Burbank and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 Fight in Burbank
Criminal and administrative, whatever type of DUI charges you're fighting in Burbank, CA – our DUI defense team is prepared to battle against the charges.
Below, you can review a list of the DUI allegations we often 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 Burbank, CA
If you want to craft an effective defense strategy, our Burbank, CA, DUI lawyers are here to help. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Contest the Legitimacy 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 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
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team will look into any potential procedural errors, push for tests to be redone, 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 a widely-recognized way of evaluating somebody's level of impairment. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Our attorneys will review the footage and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Start Your Defense Today – Contact Our Burbank DUI Defense Attorneys TODAY
After a DUI arrest, it can be a whirlwind of legal processes. You lose your license, you could find yourself in an interrogation room, you're informed of a court date…it's easy to feel overwhelmed. With everything going on, your best way out is to hire a lawyer right away.
Don't wait for the prosecution to build a case against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Burbank, CA DUI charges. We're available to help immediately and will can fight for your license and keep you out of jail today. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a no-obligation case review.
We also provide the following legal services in Burbank, CA:
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