DUI Lawyer Campbell. Campbell DUI charges are very serious. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh 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 DUIs involving drugs are treated differently than those involving alcohol.
When you're up against the CA legal system, you need help from a DUI defense expert. Trying to stand up for yourself 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 just a call away in Campbell, CA.
We are California's best DUI defense lawyers and have over 50 years of combined courtroom experience. When you hire us, you're getting a team of veteran defense attorneys who know how to defend your rights in the Campbell, CA, judicial system and find the best result for your case.
If you want to build an effective defense, you need to act now. Speak with one of our attorneys as soon as possible at (800) 755-5174 or contact us online to start crafting your defense strategy today.
Campbell, 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 Campbell, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. 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 law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you 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: Be Polite and Don't Argue
Being rude won't help — it will make things worse. This doesn't just help you get through the traffic stop; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Campbell?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't undergo any tests at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, often using field sobriety tests, then decide whether or not to arrest you based on the results.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Campbell, CA, follow this progression:
- Suspension: Your license suspension can go into effect at the time of the arrest – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, the police are contacting the DMV about your DUI arrest, which means your license is officially suspended.
- Arraignment: At some point when you're in jail, you will attend a 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 have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Most people accused of DUIs in Campbell, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Campbell DUI defense attorney will be filing motions, including motions to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will contact the Campbell prosecutor to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be creating a defense now.
- Criminal Trial: It's rare that a DUI case will 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 the result of your case, 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 provide you with advice on the best way to move forward, on both the criminal defense and license side. No matter where you are in your case, you can start with a call to our offices!
DUIs in Campbell, CA and Criminal Cases vs. DMV Hearings
Campbell, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. These are handled separately by the state, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and what our attorneys will do for your justice and right to drive:
Campbell, 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 – 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 push back against the allegations. We'll challenge the legitimacy of the traffic stop, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and look for witness testimony and other proof that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Campbell, CA. Frequently, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Campbell, CA, DUI License Suspension
On the other side of a Campbell DUI charge is the DMV and your license suspension. This suspension is automatically applied, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
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 hearing is to determine if you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. When you hire us, we'll fight 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 any more chances to set up that hearing. This is why it's crucial to contact a Campbell DUI defense attorney without delay after an arrest.
Sentence You Could Face for a DUI in Campbell, CA
Campbell, CA, DUI criminal penalties can be harsh – while some are 'just' misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be up against, depending on the circumstances of the alleged offense:
| 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 |
On top of whatever sentence you receive in Campbell court, you have to endure several collateral consequences, such as elevated insurance costs and career setbacks.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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 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 immigrants seeking citizenship, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Campbell, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs that will protect you from the harshest outcomes, fight to keep you in the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found innocent or not, odds are, you'll want to leave it in the past and move forward with your life. It doesn't take long to realize, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Campbell, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
When You're Picking a Campbell, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's critical to pick the right lawyer to fight for you. Your team needs the proficiency, preparation, and relationships to find the best outcome for your case. The top Campbell, CA, DUI defense attorneys will have all of the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and police officers, totalling more than five decades of experience.
- Availability: So that you can get help right away when you need it. You can get a hold of 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 Campbell and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. 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 don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. 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 Defend Against in Campbell
It doesn't matter what kind of DUI you're facing in Campbell, CA – our DUI defense team is prepared stand by you against the charges.
Below are some of the DUI case types 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 Campbell, CA
Whatever type of charge you're facing, our Campbell, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, we can challenge the evidence, and even the legitimacy of the case itself. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With 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 highlight the ways that these tests can give false readings, push for tests to be redone, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are standard practice for police officers to use. But these tests are subjective. We will audit the test records and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, it's not the end of your case. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Immediate Help – Speak With Our Campbell DUI Defense Attorneys NOW
When you're up against Campbell DUI charges, it feels like there's no space to breathe. You can't drive anymore, you could find yourself in an interrogation room, you're given a court date…it's easy to be lost. With everything going on, your best way out is to call a lawyer immediately.
Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. 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 Campbell, CA DUI charges. We're ready to take on your case fast and will start safeguarding your license and searching for positive outcomes now. Get a hold of us now at (800) 755-5174 or set up an appointment online for a confidential case review.
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