DUI Lawyer Delano. The consequences of a DUI can be devastating. You're being accused of a crime; you're also facing jail time, fines, and other penalties. You can face DUI charges even for just refusing to take the tests, 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 find yourself in this situation, you need help from a DUI defense expert. Trying to fight against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is available to protect you in Delano.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of former prosecutors who know how to defend your rights in the Delano, CA, judicial system and find the best result for your case.
Acting fast is key to protecting your freedom and license. Speak with one of our attorneys 24/7 at (800) 755-5174 or contact us online to start building your case's defense today.
Delano, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Delano, CA, DUI Lawyer for you to remember if you're ever pulled over:
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: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. 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
Participation in field sobriety tests is not required for people over the age of 21 who aren't 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: Be Polite and Don't Argue
Acting belligerent and uncooperative won't help — 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: 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 Delano?
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. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically utilizing field sobriety tests, then arrest you based on their evaluation of you.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can go into effect at the time of the arrest – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, the police are updating your records with the DMV to account for the arrest, which means your license is officially suspended.
- Arraignment: While under arrest, you will be brought before a judge, 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 want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Delano DUI defense attorney will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will contact the Delano prosecutor to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case proceeds, 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. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Delano, CA, DUI Differences: 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 driver's case. These will never be handled in the same hearing, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and what our attorneys will do for your justice and vehicular rights:
Delano, 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 – 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 present reasonable doubt and discredit the charges. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can present an alternate narrative.
The vast majority of our DUI clients in Delano do not receive any jail sentence. 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 argue for probation to maintain your freedom.
Delano, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and if you want 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, your license can still be suspended even if you do not receive a criminal conviction. 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 fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's critical to contact a Delano DUI defense lawyer promptly after the arrest.
Sentence You Could Face for a DUI in Delano, CA
Delano, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be fighting against, depending on the circumstances of the alleged offense:
| 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 Delano, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates and career setbacks.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. For individuals working on the naturalization process, 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 Delano, CA, immigration lawyer. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight to keep you in the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Delano, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
When You're Picking a Delano, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's vital to pick the right lawyer to defend you. Your team needs the expertise, background, and ties to offer the best possible outcome for your case. Here are the main things to look for in your Delano, CA, DUI defense lawyer:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and law enforcement, totalling over 50 years of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Delano and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We're proud to have received numerous accolades 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're ready to add you to our list of success stories.
DUI Case Types We Defend in Delano
It doesn't matter what kind of DUI you're facing in Delano, CA – the Law Offices of David S. Chesley is prepared for the charges.
Below, you can review a list of the DUI cases 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 Delano, CA
Whatever type of charge you're facing, our Delano, CA, DUI attorneys can help you fight it. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Challenge the Legitimacy of the Arrest
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 a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Blood, Breath, and/or Urine 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, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. An experienced Delano, CA, DUI attorney will know how to dissect any records and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. While this is can be difficult to overcome, our lawyers have more defense strategies we can pull from. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Get Immediate Help – Call Our Delano DUI Defense Attorneys NOW
If you've been arrested or accused of a DUI in Delano, CA, it feels like there's no space to breathe. You can't drive anymore, there could be interrogations, you're assigned a court date…it's easy to feel like there's no way forward. What you need to do is contact an attorney right away.
Don't give the state a chance to put you behind bars. Don't lose your license because you missed the DMV hearing window. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Delano, CA DUI charges. We're ready to take on your case fast and will begin protecting your license and your freedom right away. Get a hold of us now at (800) 755-5174 or let us know what you need online for a free, confidential case review.
We also provide the following legal services in Delano, CA:
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