DUI Lawyer Delano. The consequences of a DUI can be devastating. You're being accused of a crime; depending on your history, you could go to prison. If you declined to take an alcohol test, you can face separate charges, and the consequences you face might be even worse than a DUI conviction. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
Regardless of whether you're innocent or not, you don't want to be alone. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you retain us, you're getting a team of former prosecutors who know how to defend your rights in the Delano, CA, legal system and provide paths to positive outcomes.
If you wait too long to build a defense, it could become too late. Get in touch without delay at (800) 755-5174 or contact us online to start crafting your defense today.
Delano, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing how to handle the situation is important for all Delano, CA, residents. Here are four tips from a Delano, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections at all points in the legal process. Even just saying "I only had two drinks" can work against you.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Be Polite and Don't Argue
Refusing to cooperate with the police 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: 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 Delano?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you refuse to be tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, often using field sobriety tests, then decide whether or not to arrest you based on your performance.
Once this happens, the CA legal system automatically begins the process for 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. In the meantime, they are ensuring that the arrest is added to your DMV record, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, you will attend a hearing, and a prosecutor will inform you of the charges against you.
- 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: Most people accused of DUIs in Delano, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Delano 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: Alongside pretrial motions, your DUI defense lawyer will negotiate with the Delano prosecutor to avoid a trial with a plea deal that protects you. But if you do have to fight the charges in a trial, your attorney should be preparing now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case turns out, you may face consequences. 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 with any step of the legal process, on both the criminal defense and bureaucratic side. No matter where you are in your case, you can start with a call to our offices!
DUIs in Delano, CA and Criminal Cases vs. DMV Hearings
Delano, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: 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 some things you need to know about both, and how we fight to protect your freedom and vehicular rights:
Delano, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 build your defense and dissect the supposed wrongdoing. We'll debate the legality of the traffic stop, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and look for evidence that can tell a different story.
We know what it takes to keep DUI defense clients out of jail in Delano, CA. For several cases, 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 to give you an alternative to jail, in the form of probation.
Delano, CA, DUI License Suspension
Meanwhile, you need to worry about 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.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, the entire DMV hearing is about 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 argue over the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license back immediately. 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 Delano DUI defense attorney immediately after an arrest.
Delano DUI Sentences and Consequences
Delano, CA, DUI criminal penalties can be harsh – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be facing, depending on what your charges are:
| Alleged DUI Offense | 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 Delano, CA, you're also facing collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 will hurt your application chances, especially for repeat or aggravated offenses.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Delano, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: 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 your case ends in a conviction or an acquittal, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record can stick with you. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Our Delano, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Delano? It's essential to pick the right lawyer to represent you. Your team needs the skills, preparation, and connections to secure a positive outcome for your case. The top Delano, CA, DUI defense attorneys will have all of the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and law enforcement, totalling over 50 years of experience handling cases.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Delano and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. We want you to be our next success story.
DUI Case Types We Defend Against in Delano
Whatever DUI charge you're up against in Delano, CA – our DUI defense attorneys are prepared for the charges.
Below are some of the DUI charges 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 Delano, CA
Our Delano, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Blood, Breath, and/or Urine Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will look into any potential procedural errors, 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 these tests are subjective. We will audit the test records and show whether or not you were fairly judged.
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, our lawyers have more defense strategies we can pull from. 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.
Get Rapid Assistance – Contact Our Delano DUI Defense Attorneys TODAY
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, you might be interrogated, you're given a court date…it's easy to be out of control. And that's why it's all the more important to contact a DUI defense attorney now.
Don't sit by and watch the evidence mount against you. 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 defend you.
We're experts at defending all Delano, CA DUI charges. We're prepared to start building your defense fast and will begin protecting your license and your freedom today. Call us now at (800) 755-5174 or let us know what you need online for a no-obligation case review.
We also provide the following legal services in Delano, CA:
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