DUI Lawyer Colton. DUI law in Colton is complex. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and in some cases, refusing can give you even worse penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you're facing these types of charges in CA, you shouldn't need to do this without help. Trying to defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is at your service.
We are California's best 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 defend your rights in the Colton, CA, court system and get you the best outcome possible.
If you want to build an effective defense, you need to act now. Reach out right away at (800) 755-5174 or contact us online to start crafting your defense strategy today.
Colton, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but it's still important to know how to handle a traffic stop. Below are four tips from a Colton, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. 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 either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
In California, field sobriety tests are voluntary unless you are under the age of 21 or 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, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Don't Argue With the Officer
Refusing to cooperate with the police won't help — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Colton?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, 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, likely using field sobriety tests, then make arrests based on that.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Colton, CA, follow this progression:
- Suspension: Your license suspension can go into effect at the time of the arrest – right away, you will be given a 30-day, temporary license, and your actual license will be taken. While you're processing this, the police 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 brought before a judge, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: Independant of the criminal charge process, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Meanwhile, your Colton DUI defense lawyer will be filing motions, including motions to suppress evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will bargain with the Colton prosecutor 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 building a defense now.
- Criminal Trial: Most DUI cases won't 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 sanctions. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and bureaucratic side. If you need help today, the Law Offices of David S. Chesley are here for you!
DUIs in Colton, CA and Criminal Cases vs. DMV Hearings
Colton, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. In CA, these are always two separate processes, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are things to watch out for with both cases, and insights into how we protect your freedom and ability to drive:
Colton, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Criminal cases, including DUIs, all follow the same basic process – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we build your defense and fight against the allegations. We'll debate the legality of the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and search for other witnesses or evidence that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Colton, CA. Often, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Colton, CA, DUI License Suspension
While your Colton criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to successfully 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, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the outcome of the DMV hearing hinges on whether or not you were rightfully 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 hire us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, 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 vital to contact a Colton DUI defense lawyer without delay after the traffic stop.
Colton DUI Sentences and Consequences
Colton, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be looking to avoid, depending on the circumstances of the alleged offense:
| 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 |
In addition to any criminal sentence in Colton, CA, you're also facing collateral consequences, such as rising insurance rates and impacts on your employment.
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 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 immigrants seeking citizenship, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
These accusations can be intimidating, but they are not the end. Your Colton, CA, immigration lawyer can give you practical advice on what comes next. 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 can protect you from a conviction, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, it's natural to want to move on and leave this in the past. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Colton, CA, DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
Important Qualities You Need in a Colton, CA DUI Attorney
Up against DUI charges? It's key to pick the right lawyer to take your case. Your team needs the skills, history, and contacts to secure a positive outcome for your case. When evaluating DUI lawyers in Colton, CA, you want to judge the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police officers, totalling over 50 years of experience handling cases.
- Availability: So that you can get help right away when you need it. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. We know how to connect with the prosecutors in Colton 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: Winners win. It's as simple as that. And we win, a lot. 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 Colton
It doesn't matter what kind of DUI you're facing in Colton, CA – the Law Offices of David S. Chesley is prepared to defend you against the charges.
Below, you can review a list of the DUI allegations we can provide defenses for:
- 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 Colton, CA
Whatever type of charge you're facing, our Colton, CA, DUI attorneys can help you fight it. 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 police did not follow proper procedure while stopping and examining you, your case could be thrown out on legal grounds. This defense is a good option if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. We will investigate any possible errors that were made when you took the test, introduce alternative evidence when possible, 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 normal part of the process when police are evaluating if someone is driving intoxicated or not. But these tests are subjective. 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
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. This may sound bad, but there are still ways to fight it. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Rapid Assistance – Call Our Colton DUI Defense Lawyers AS SOON AS POSSIBLE
If you've been arrested or accused of a DUI in Colton, CA, it feels like there's no space to breathe. You can't drive anymore, law enforcement might try to do additional tests, you're given a court date…it's easy to feel out of control. Your path forward begins when you call an attorney right away.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. 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 Colton, CA DUI charges. We're prepared to start building your defense right now and will begin protecting your license and your freedom now. Reach out to us now at (800) 755-5174 or tell us about your charges online for a free case review.
We also provide the following legal services in Colton, CA:
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