DUI Lawyer Clovis. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. If you declined to take an alcohol test, you can face separate charges, 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.
If you're facing these types of charges in CA, you shouldn't need to do this without help. 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 ready to defend you.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of DUI defense experts who know how to protect you in the Clovis, CA, legal system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Get in touch as soon as possible at (800) 755-5174 or tell us how we can help online to start crafting your defense strategy today.
Clovis, 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 Clovis, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
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: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have the right to remain silent during any form of questioning. Even just saying "I only had two drinks" can work against you.
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Don't Argue With the Officer
Arguing with the officer won't help — it will increase your chances of getting in trouble. This doesn't just help you get through the traffic stop; 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 Clovis?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, generally with field sobriety tests, then make judgements based on that.
As soon as you're 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 starts right away, when you're arrested – you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). In the meantime, they are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: Sometime after arriving at the police station, you will be brought before a judge, 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 have just 10 days to begin the process of protecting your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Clovis DUI defense lawyer will building the framework of your defense and filing motions to suppress unlawfully collected evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will speak with the Clovis prosecutor to find a plea deal that minimizes penalties for you. But if the prosecutor won't give you a favorable offer, your attorney should be crafting a strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how you plea or are found, you may face sanctions. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and administrative side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Defending Against Clovis DUIs: Criminal Cases vs. DMV Hearings
Clovis, CA, DUI charges are always a two-pronged challenge: The criminal case and the fight for your license. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are descriptions of both case categories, and ways we defend your freedom and right to drive:
Clovis, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
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 build your defense and discredit the criminal accusations. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can present an alternate narrative.
The vast majority of our DUI clients in Clovis do not receive any jail sentence. For several cases, we'll get the prosecutor to reduce the 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.
Clovis, 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 goes into effect regardless of where you're at in the criminal process, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. 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. These hearings have serious consequences that require an expert Clovis, CA, DUI lawyer to navigate. At the hearing, we'll question 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 any more chances to request that hearing. This is why it's critical to contact a Clovis DUI defense attorney as soon as you can after the traffic stop.
Punishments After a DUI Conviction in Clovis, CA
Clovis, CA, DUI criminal penalties are a lot to face – while some are 'just' misdemeanors, you're still facing 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 allegations you're facing:
| Alleged DUI Offense | 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 Clovis, CA, sentences you to, you also need to worry about collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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. For individuals working on the naturalization process, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Clovis, CA, immigration lawyer immediately. 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
After the case, regardless of the outcome, 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 keeps coming up and getting in your way. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Clovis, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.
Top DUI Defense Attorneys in Clovis: What You Need to Know
When you're facing DUI charges, it's crucial to pick the right lawyer to take your case. Your team needs the expertise, history, and relationships to secure a positive outcome for your case. When you speak with Clovis, CA, DUI attorneys about your case, ask them about the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police, totalling more than five decades of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Clovis and all throughout CA.
- Reputation: Both in the community and in the legal sphere. 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. And we'd be proud to represent you as well.
DUI Case Types We Defend in Clovis
Whatever DUI charge you're up against in Clovis, CA – your DUI defense lawyer from our team prepared to battle against the charges.
Below are some of the DUI charges we frequently 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 Clovis, CA
Our Clovis, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Contest the Legitimacy of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, your case could be thrown out on legal grounds. This defense is effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Blood, Breath, and/or Urine 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 look into any issues with how the equipment was stored or used, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. An experienced Clovis, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. While this is can be difficult to overcome, you do still have viable defense strategies. 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 – Contact Our Clovis DUI Defense Attorneys NOW
DUI allegations are no joke. After you've been charged, things move pretty fast. The police officer takes your license, law enforcement might try to do additional tests, you're informed of a court date…it's easy to feel lost. Your path forward begins when you call a lawyer immediately.
Don't sit by and watch the evidence mount against you. Don't lose your license because you missed the DMV hearing window. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Clovis, CA DUI charges. We're prepared to start building your defense today and will start protecting your driving privileges and your liberty right away. Talk to one of our team members 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 Clovis, CA:
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