DUI Lawyer Canoga Park. Canoga Park 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. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
Regardless of whether you're innocent or not, you need help from a DUI defense expert. Trying to stand up for yourself against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Canoga Park, CA.
We are California's leading DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of experienced, high-quality lawyers who know how to defend your rights in the Canoga Park, CA, justice system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Speak with one of our attorneys now at (800) 755-5174 or tell us about your case online to start constructing your defense today.
Canoga Park, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Canoga Park, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you already have them ready, you stop yourself from appearing inebriated.
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 during the entirety of your interactions with the law. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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
Arguing with the officer won't help — it will likely be something you regret. This isn't just something you're doing out of courtesy, though; it also helps your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Canoga Park?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't undergo any tests at all. This is because the officer can make a subjective judgment about whether you are impaired or not, probably via field sobriety tests, then arrest you based on your performance.
If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. Most DUI cases in Canoga Park, CA, follow this progression:
- Suspension: Your license suspension starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, they are updating your records with the DMV to account for the arrest, which means your license is officially suspended.
- Arraignment: While under arrest, 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: Independant of the criminal charge process, 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: In most DUI cases, you'll be released in some capacity pending a trial. In the meantime, your Canoga Park DUI defense lawyer will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will negotiate with the Canoga Park district attorney to find a plea deal that minimizes penalties for you. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: Only a small percentage of DUI charges 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 proceeds, you may face sanctions. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and driver's license side. For advice on any stage with your charges, give us a call so that we can help!
DUIs in Canoga Park, CA and Criminal Cases vs. DMV Hearings
Canoga 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. This will always require two separate defenses, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and our process for defending your liberty and driving privileges:
Canoga Park, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Canoga Park, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another 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 build your defense and attack the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, 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 exonerate you.
We have an extremely strong track record of clients who have avoided jail time in Canoga Park, CA. In many 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 search for a deal that protects your freedom and avoids any jail sentence.
Canoga Park, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
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 entire DMV hearing is about 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. When you work with us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you're out of options. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's important to contact a Canoga Park DUI defense lawyer immediately after an arrest.
Potential Penalties for a DUI in Canoga Park
Canoga 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.
On 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 Canoga Park court, you have to endure several collateral consequences, such as rising insurance rates and career setbacks.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically result in deportation. 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 trying to become an American citizen, even if you aren't deported, it hurts your application process.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Canoga Park, CA, immigration lawyer can help you navigate the situation. 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, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Canoga Park, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.
When You're Picking a Canoga Park, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's important to pick the right lawyer to represent you. Your team needs the talent, experience, and relationships to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Canoga Park, CA, look for these signs:
- 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, district attorneys, and police officers, totalling over 50 years of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Canoga Park and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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. 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 Canoga Park
It doesn't matter what kind of DUI you're facing in Canoga Park, CA – our DUI defense lawyers are prepared stand by you against the charges.
Here is a list of the DUI cases 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 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 Canoga Park, CA
When you work with the Law Offices of David S. Chesley, your Canoga Park, CA, DUI attorney will draw from years of experience with effective defense strategies. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can argue for your case to be dismissed. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in BAC Tests
Many DUI cases center around a blood-alcohol content test. We will highlight the ways that these tests can give false readings, retest when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. 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. This may sound bad, but our lawyers have more defense strategies we can pull from. 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.
Get Rapid Assistance – Speak With Our Canoga Park DUI Defense Attorneys TODAY
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. You lose your right to drive, there could be interrogations, you get a court date…it's easy to feel stressed out. To fight through the allegations, your first step is to call a DUI defense lawyer as soon as possible.
Don't give the state a chance to put you behind bars. Don't lose your license because you missed the DMV hearing window. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Canoga Park, CA DUI charges. We're ready to take on your case now and will can fight for your license and your liberty as soon as you call. Talk with one of us now at (800) 755-5174 or let us know what you need online for a no-obligation consultation.
We also provide the following legal services in Canoga Park, CA:
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