DUI Lawyer Calabasas. The consequences of a DUI can be devastating. You're being accused of a crime; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to fight against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's premier 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 veteran defense attorneys who know how to navigate the Calabasas, CA, justice system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Talk to a lawyer today at (800) 755-5174 or tell us about your charges online to start putting together your case's defense today.
Calabasas, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing how to handle the situation is important for all Calabasas, CA, residents. Here are four tips from a Calabasas, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
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 at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
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. The officer may not like it, but they can't compel you to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Respect the Law Enforcement Officer
Acting belligerent and uncooperative won't help — it can end up making your case harder to defend. This isn't just something you're doing out of courtesy, though; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Calabasas?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you aren't tested at all. The police can use other methods to determine whether or not you were safe to drive, typically with field sobriety tests, then make judgements based on the results.
As soon as you're arrested, the CA legal system starts moving towards 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 – you will be given a 30-day, temporary license, while the officer will keep your regular license. In the meantime, they are informing the DMV about the arrest, at which point, you're officially facing a license suspension.
- Arraignment: After your arrest and before your release, you will be summoned to a court hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Independant of the criminal charge process, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Most people accused of DUIs in Calabasas, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Calabasas DUI defense attorney will laying the groundwork of your defense through motions to throw out illegal evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Calabasas district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if it does go to trial, your attorney should be crafting a 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 outcome of your case, you may face penalties. 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 with any step of the legal process, on both the criminal defense and bureaucratic side. Whatever stage in the process you're at, call now and we'll be happy to assist!
Calabasas, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Calabasas, 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 are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are important factors for both case types, and insights into how we protect your justice and vehicular rights:
Calabasas, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we protect your rights and discredit the allegations. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can result in a not guilty plea.
The vast majority of our DUI clients in Calabasas do not receive any jail sentence. Often, we'll negotiate a plea deal 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.
Calabasas, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect 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.
At the administrative hearing, you're not facing criminal charges. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, this administrative hearing is focused on if you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, 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.
If it's been more than ten days after your arrest, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's crucial to contact a Calabasas DUI defense lawyer as soon as you can after the traffic stop.
Potential Penalties for a DUI in Calabasas
Calabasas, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be trying to avoid, depending on what your charges are:
| 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 |
On top of whatever sentence you receive in Calabasas court, you have to endure several collateral consequences, such as increased insurance premiums and impacts on your employment.
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 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 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 indefinitely pause your efforts to become a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Calabasas, 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 to protect your record, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. A Calabasas, CA, DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
Important Qualities You Need in a Calabasas, CA DUI Attorney
Defending yourself against a DUI in Calabasas? It's critical to pick the right lawyer to fight for you. Your team needs the skills, preparation, and ties to give you opportunities for a positive outcome for your case. When you speak with Calabasas, CA, DUI attorneys about your case, ask them about the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and police, totalling over 50 years of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. You can get a hold of us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our team will leverage our connections with the prosecutors in Calabasas and all throughout CA.
- Reputation: Both in the community and in the legal sphere. 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: 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Take On in Calabasas
Whatever type of DUI charge you need help with in Calabasas, CA – the Law Offices of David S. Chesley is prepared help you navigate the charges.
Here are some of the DUI allegations 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 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 Tactics in Calabasas, CA
Our Calabasas, 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 Legality of the Arrest
If the police did not follow proper procedure while stopping and examining you, then the evidence arising from that traffic stop could be invalid. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will highlight the ways that these tests can give false readings, introduce alternative evidence when possible, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But ultimately, these are judgment calls on the part of the officer. An experienced Calabasas, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. Even though this is harder to fight, there are still ways to fight it. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Don't Wait – Speak With Our Calabasas DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Calabasas, CA, things move pretty fast. You can't drive anymore, there could be interrogations, you get a court date…it's easy to be stressed out. And that's why it's all the more important to speak to aCalabasas, CA, DUI lawyer as soon as possible.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Calabasas, CA DUI charges. We're equipped with the tools to build your case fast and will can fight for your license and your rights now. Talk to one of our team members now at (800) 755-5174 or get in touch online for a confidential case review.
We also provide the following legal services in Calabasas, CA:
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