DUI Lawyer Del Mar. If convicted, a DUI can permanently change your life for the worse. Your ability to drive isn't the only thing at risk; if you're facing years in prison for a repeat offense, your car is the least of your worries. California law also prohibits you from refusing to take a DUI test, 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've been accused of a DUI in Del Mar, CA, you need help from a DUI defense expert. Trying to navigate the laws and the courts is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of veteran defense attorneys who know how to navigate the Del Mar, CA, justice system and provide paths to positive outcomes.
Don't wait and let your chance slip away. Get a hold of us today at (800) 755-5174 or contact us online to start preparing your case's defense today.
Del Mar, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Del Mar, 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
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By keeping these documents on hand, you avoid that risk.
Tip #2: Be Silent When 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 during the entirety of your interactions with the law. Call your DUI lawyer and stay quiet until they arrive.
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 improve your case — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Del Mar?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you refuse to be tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally with field sobriety tests, then decide whether or not to arrest you based on how you do.
Once this happens, 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 effective immediately after your arrest – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, they are ensuring that the arrest is added to your DMV record, which updates their records to show your license as suspended.
- Arraignment: At some point when you're in jail, you will be summoned to a court hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- 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: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Del Mar DUI defense expert will laying the groundwork of your defense through motions to throw out illegal evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will speak with the Del Mar prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be creating a defense now.
- Criminal Trial: Only a small percentage of DUI charges 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 consequences. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and DMV side. Whatever stage in the process you're at, give us a call so that we can help!
DUIs in Del Mar, CA and Criminal Cases vs. DMV Hearings
Del Mar, CA, DUI charges include two separate fights: The criminal case and the fight for your license. 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 things to watch out for with both cases, and ways we defend your freedom and right to drive:
Del Mar, 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.
Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we present reasonable doubt and attack the allegations. We'll examine the lawfulness of the traffic stop, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can exonerate you.
If you're facing jail time in Del Mar, CA, our attorneys can help you avoid it. Often, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Del Mar, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension doesn't wait for your criminal case, 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, this administrative hearing is focused on if you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. When you work with a Del Mar, CA, DUI lawyer from our firm, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's important to contact a Del Mar DUI defense attorney as soon as you can after an arrest.
Potential Penalties for a DUI in Del Mar
Del Mar, CA, DUI criminal penalties are a lot to face – though you could 'only' be facing misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be fighting 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 Del Mar, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and impacts on your employment.
DUIs and Immigration
DUI immigration consequences are very serious. 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 become grounds for deportation. If you are currently applying to become a U.S. citizen, 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 Del Mar, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs to protect your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Del Mar, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
Important Qualities You Need in a Del Mar, CA DUI Attorney
Accused of a DUI in Del Mar? It is key to pick the right lawyer to defend your innocence. Your team needs the talent, experience, and ties to find the best outcome for your case. When looking for a DUI defense lawyer in Del Mar, CA, look for these signs:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling over five decades of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our team will leverage our connections with the prosecutors in Del Mar 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. If you're ready to join our list of successes, call now.
DUI Case Types We Defend Against in Del Mar
Whatever DUI charge you're up against in Del Mar, 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 cases we typically 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 Del Mar, CA
Every DUI case needs a defensive strategy, and our Del Mar, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, 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
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will investigate whether or not the procedure was followed when administering the tests, retest in some cases, using a "blood-split" motion, and advocate for you during the discovery process to identify flaws in the state's evidence.
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. An experienced Del Mar, CA, DUI attorney will know how to dissect any records 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. We can examine your diet and medical conditions to find alternative explanations.
Don't Wait – Call Our Del Mar DUI Defense Lawyers NOW
Del Mar, CA, DUI accusations are serious. After an arrest, you'll hardly get a chance to catch your breath. Your license is suspended, a law enforcement official might be asking you hard questions, you get a court date…it's easy to feel like there's no way forward. To fight through the allegations, your first step is to call a DUI defense attorney now.
Don't give up and let the district attorney win. Don't let your license go without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Del Mar, CA DUI charges. We're equipped with the tools to build your case right now and will can fight for your license and searching for positive outcomes right away. Talk with one of us now at (800) 755-5174 or set up an appointment online for a no strings attached consultation.
We also provide the following legal services in Del Mar, CA:
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