DUI Lawyer Costa Mesa. DUI law in Costa Mesa is complex. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. Declining a breathalyzer or blood test on its own can result in charges, and the consequences you face might be even worse than a DUI conviction. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you find yourself in this situation, you shouldn't need to do this without help. 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 available to protect you in Costa Mesa.
We are California's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of DUI defense experts who know how to navigate the Costa Mesa, CA, judicial system and get you the best outcome possible.
If you wait too long to build a defense, it could become too late. Talk to a lawyer today at (800) 755-5174 or tell us about your case online to start constructing your defense strategy today.
Costa Mesa, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Costa Mesa, 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
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. By keeping these documents on hand, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
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 at all points in the legal process. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Automatically Consent to Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Respect the Law Enforcement Officer
Resisting the police won't help — it can end up making your case harder to defend. This is about more than just avoiding an arrest in the short term; it also aids 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 may help justify an arrest.
What Happens After a DUI Arrest in Costa Mesa?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, 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, probably via field sobriety tests, then make arrests based on how you do.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- 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 you will lose your regular license (at least for now). In the meantime, they are ensuring that the arrest is added to your DMV record, officially suspending your license.
- Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- 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: You'll likely be given bail or released on your own recognizance. In the meantime, your Costa Mesa DUI defense lawyer will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will work directly with the Costa Mesa district attorney to present you with plea deal offers that could protect your freedom. But if it does go to trial, your attorney should be crafting a strategy now.
- Criminal Trial: Your case probably will not go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on the result of your case, you may face a punishment. 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 help you fight any allegation, on both the criminal defense and driver's license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), our team has the knowledge to guide you forward!
Costa Mesa, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Costa Mesa, CA, DUI charges are special because of their dual-nature: The criminal case and the license suspension. In CA, these are always two separate processes, 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 license:
Costa Mesa, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Costa Mesa, CA, court.
Most of the steps in a DUI criminal case are identical to that of another 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 provide expert defense and attack the accusations. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can exonerate you.
If you're facing jail time in Costa Mesa, CA, our attorneys can help you avoid it. Commonly, 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.
Costa Mesa, CA, DUI License Suspension
While your Costa Mesa criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, and to fight it, you'll need to request an administrative hearing within ten days of being arrested.
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 to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Costa Mesa, CA, DUI lawyer to navigate. At the hearing, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's crucial to contact a Costa Mesa DUI defense attorney promptly after the traffic stop.
Costa Mesa DUI Sentences and Consequences
Costa Mesa, CA, DUI criminal penalties are intimidating – even for the ones considered 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 nature of the allegations:
| 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 Costa Mesa, CA, you're also facing collateral consequences, such as more expenses on your insurance and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can be devastating. On the bright side, most first-time DUIs at this time will not result in deportation. 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 can result in removal from the country. For immigrants seeking citizenship, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
If any of the above situations apply to you, don't panic: Call one of our Costa Mesa, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs with alternatives to criminal sentencing, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whatever happens in the court case, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Costa Mesa, CA, our DUI lawyers will also fight to protect you in this way, and give you a way to clean your record.
Top DUI Defense Attorneys in Costa Mesa: What You Need to Know
Accused of a DUI in Costa Mesa? It is important to pick the right lawyer to defend your innocence. Your team needs the talent, experience, and contacts to find the best outcome for your case. Here are the main things to look for in your Costa Mesa, CA, DUI defense lawyer:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police officers, totalling over five decades of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. Our team is prepared to help you 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We're familiar with the prosecutors in Costa Mesa and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We're proud to have received numerous accolades 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. We're ready to add you to our list of success stories.
DUI Case Types We Take On in Costa Mesa
Criminal and administrative, whatever type of DUI charges you're fighting in Costa Mesa, CA – all of our DUI defense attorneys are prepared stand by you against the charges.
Here is a list of the DUI cases 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 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 Costa Mesa, CA
When you work with the Law Offices of David S. Chesley, your Costa Mesa, CA, DUI attorney will draw from years of experience with effective defense strategies. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legitimacy 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 relevant if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in Chemical Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will investigate whether or not the procedure was followed when administering the tests, re-examine the evidence to look for alternate explanations, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Our attorneys will review the footage and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. This may sound bad, but we won't give up yet. 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.
Timing is Critical – Talk To Our Costa Mesa DUI Defense Attorneys TODAY
If you've been arrested or accused of a DUI in Costa Mesa, CA, you'll hardly get a chance to catch your breath. The police officer takes your license, you could find yourself in an interrogation room, you're informed of a court date…it's easy to feel out of control. With everything going on, your best way out is to speak to a lawyer now.
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 fight for you.
We're experts at defending all Costa Mesa, CA DUI charges. We're equipped with the tools to build your case now and will start protecting your driving privileges and your rights immediately. Speak with a lawyer now at (800) 755-5174 or tell us about your charges online for a no strings attached consultation.
We also provide the following legal services in Costa Mesa, CA:
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