DUI Lawyer Daly City. The consequences of a DUI can be devastating. This isn't just an administrative issue; depending on your history, you could go to prison. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and the consequences you face might be even worse than a DUI conviction. 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 defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of DUI defense experts who know how to defend your rights in the Daly City, CA, legal system and get you the best outcome possible.
While you're hesitating, the odds are stacking up against you. Call anytime, day or night, at (800) 755-5174 or contact us online to start constructing your defense strategy today.
Daly City, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but knowing how to handle the situation is important for all Daly City, CA, residents. Here are four tips from a Daly City, CA, DUI Lawyer for you which can protect you from arrests and charges:
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. 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 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: Refuse Voluntary Tests
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: Be Polite and Don't Argue
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 could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Daly City?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, likely using field sobriety tests, then decide whether or not to arrest you based on your performance.
Once you've been arrested, the CA legal system starts moving towards 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 can begin as soon as you're arrested – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're processing this, the police are providing a record of the arrest to the Daly City, CA, DMV, which means your license is officially suspended.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: As soon as you're released from jail, 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: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Daly City DUI defense expert 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: While working through pretrial motions, your DUI defense lawyer will contact the Daly City prosecutor to present you with plea deal offers that could protect your freedom. But if you end up on trial in front of a judge, your attorney should be building a defense now.
- Criminal Trial: Your case probably will not go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how your case turns out, you may face penalties. 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 help you with any step of the legal process, on both the criminal defense and DMV side. Whatever stage in the process you're at, the Law Offices of David S. Chesley are here for you!
Daly City DUI Allegations and Criminal Cases vs. DMV Hearings
Daly City, CA, DUI charges include two separate fights: The criminal case and the fight for your license. This will always require two separate defenses, but both cases can be fought by the same DUI defense lawyer.
Here are important factors for both case types, and how we fight to protect your justice and license:
Daly City, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 present reasonable doubt and push back against the charges. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and look for evidence that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Daly City, CA. Commonly, 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 search for a deal that protects your freedom and avoids any jail sentence.
Daly City, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and in order 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, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the focus of this hearing is whether or not you were lawfully 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. When you hire us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of luck. Outside of rare cases, you don't get another chance to request that hearing. This is why it's crucial to contact a Daly City DUI defense attorney immediately after the traffic stop.
Sentence You Could Face for a DUI in Daly City, CA
Daly City, CA, DUI criminal penalties are a lot to face – even though some are 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 looking 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 |
You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. The good news is that, currently, a first-time DUI is generally not grounds for removal. The bad news is that if something made this allegation more serious, like an injured bystander, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI can result in removal from the country. If you are trying to become an American citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Daly City, CA, immigration lawyer can help you navigate the situation. 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 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
Whether you're found guilty or not guilty, 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 could have an avenue to either expunge or seal your records. Our Daly City, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
When You're Picking a Daly City, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's vital to pick the right lawyer to defend your innocence. Your team needs the expertise, history, and contacts to offer the best possible outcome for your case. Here are the main things to look for in your Daly City, 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, prosecutors, and police officers, totalling over 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. You can speak with one of our team members 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our team will leverage our connections with the prosecutors in Daly City and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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. And we'd be proud to represent you as well.
DUI Case Types We Defend in Daly City
Administrative, criminal, or anything else related to DUIs in Daly City, CA – our DUI defense team is prepared to battle against the charges.
Below are some of the DUI allegations we commonly 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 Daly City, CA
When you work with the Law Offices of David S. Chesley, your Daly City, CA, DUI attorney will draw from years of experience with effective defense strategies. 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 is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team 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 standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. We will examine the evidence and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, 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.
Start Your Defense Today – Speak With Our Daly City DUI Defense Attorneys TODAY
If you've been arrested or accused of a DUI in Daly City, CA, it can feel like you barely have a chance to think. You can't drive anymore, there could be interrogations, you get a court date…it's easy to be like there's no way forward. In order to find a way out of all that, you need to call a DUI defense lawyer as soon as possible.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Daly City, CA DUI charges. We're available to help now and will work on a strategy to defend your license and searching for positive outcomes immediately. Talk with one of us now at (800) 755-5174 or tell us about your charges online for a free consultation.
We also provide the following legal services in Daly City, CA:
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