DUI Lawyer Cupertino. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. You can face DUI charges even for just refusing to take the tests, and in some cases, refusing can give you even worse penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you find yourself in this situation, you need someone in your corner. 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 best DUI defense lawyers and have over 50 years of combined courtroom experience. When you hire us, you're getting a team of former prosecutors who know how to fight for you in the Cupertino, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
Don't wait and let your chance slip away. Talk to a lawyer as soon as possible at (800) 755-5174 or tell us about your charges online to start crafting your case's defense today.
Cupertino, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Cupertino, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have the right to remain silent during any form of questioning. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Refuse Voluntary Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Be Polite and Don't Argue
Acting belligerent and uncooperative won't improve your case — 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 aids 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 Cupertino?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, often through field sobriety tests, then make judgements based on the results.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can begin as soon as you're arrested – when arrested, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, the police are ensuring that the arrest is added to your DMV record, which means your license is officially suspended.
- Arraignment: Before you are released, you will attend a hearing, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: While all of the criminal proceedings are going on, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. While you're waiting for the trial, your Cupertino DUI defense expert will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will negotiate with the Cupertino prosecutor 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 building a defense now.
- Criminal Trial: Most DUI cases won't go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and DMV side. If you need help today, our team has the knowledge to guide you forward!
Cupertino DUI: Fighting Criminal Cases vs. DMV Hearings
Cupertino, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. In CA, these are always two separate processes, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are descriptions of both case categories, and how we fight to protect your liberty and ability to drive:
Cupertino, 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 Cupertino, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we provide expert defense and fight against the allegations. We'll question whether or not the traffic stop was legitimate, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can show you are not guilty.
If you're facing jail time in Cupertino, CA, our attorneys can help you avoid it. For many clients, we'll negotiate a plea deal 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.
Cupertino, CA, DUI License Suspension
On the other side of a Cupertino DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, 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, 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 legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get a second chance to request that hearing. This is why it's critical to contact a Cupertino DUI defense attorney immediately after being arrested.
Potential Penalties for a DUI in Cupertino
Cupertino, CA, DUI criminal penalties are intimidating – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be up against, depending on the allegations you're facing:
| 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 |
Beyond any sentence that a judge in Cupertino, CA, sentences you to, you also need to worry about collateral consequences, such as increased insurance premiums and impacts on your employment.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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 become grounds for deportation. For immigrants seeking citizenship, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Cupertino, CA, immigration lawyer. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs with alternatives to criminal sentencing, fight to keep you in the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, odds are, you'll want to leave it in the past and move forward with your life. However, 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 Cupertino, 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 Cupertino, CA DUI Attorney
Defending yourself against a DUI in Cupertino? It's critical to pick the right lawyer to take your case. Your team needs the expertise, practice, and contacts to secure a positive outcome for your case. When you speak with Cupertino, CA, DUI attorneys about your case, ask them about the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and law enforcement, totalling over five decades of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. We're available 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our firm has experience working with the prosecutors in Cupertino and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud of our reputation with former clients 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 Defend Against in Cupertino
Criminal and administrative, whatever type of DUI charges you're fighting in Cupertino, CA – our DUI defense lawyers are prepared stand by you against the charges.
Below, you can review a list of the DUI allegations 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 Tactics in Cupertino, CA
If you want to craft an effective defense strategy, our Cupertino, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legitimacy of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, your case could be thrown out on legal grounds. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Blood, Breath, and/or Urine 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 highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But these tests are subjective. An experienced Cupertino, CA, DUI attorney will know how to dissect any records and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. While this is can be difficult to overcome, it's not the end of your case. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Start Your Defense Today – Contact Our Cupertino DUI Defense Lawyers NOW
DUI allegations are no joke. After you've been charged, it feels like there's no space to breathe. You lose your right to drive, law enforcement might try to do additional tests, you're told you have a court date…it's easy to feel like there's no way forward. What you need to do is contact a DUI defense lawyer immediately.
Don't give the state a chance to put you behind bars. Don't lose your ability to drive without a fight. 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 Cupertino, CA DUI charges. We're available to help today and will start protecting your driving privileges and your freedom as soon as you call. Talk with one of us now at (800) 755-5174 or set up an appointment online for a free, confidential case review.
We also provide the following legal services in Cupertino, CA:
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