DUI Lawyer Diamond Bar. DUI law in Diamond Bar is complex. This isn't just an administrative issue; depending on your history, you could go to prison. 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 there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you've been accused of a DUI in Diamond Bar, CA, you don't want to be alone. Trying to defeat the allegations is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's premier DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you retain us, you're getting a team of veteran defense attorneys who know how to navigate the Diamond Bar, CA, justice system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Get a hold of us right away at (800) 755-5174 or tell us how we can help online to start crafting your defense strategy today.
Diamond Bar, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Diamond Bar, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.
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. 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: Treat the Officer Respectfully
Refusing to cooperate with the police won't improve your case — it will make things worse. This is about more than just avoiding an arrest in the short term; it also aids your defense: When you resist or act disrespectfully, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Diamond Bar?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't blow 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 their evaluation of you.
Once you've been arrested, 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 – you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're processing this, the police are providing a record of the arrest to the Diamond Bar, CA, DMV, beginning the formal suspension.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Separate from the criminal charges, 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: Most people accused of DUIs in Diamond Bar, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the meantime, your Diamond Bar DUI defense lawyer will file motions to strengthen your defense, such as ones to review the arrest footage, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will speak with the Diamond Bar prosecutor to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Only a small percentage of DUI charges 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 sanctions. 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 provide guidance for any charge, on both the criminal defense and driver's license side. If you need help today, we have the experience to help you move towards a positive outcome!
DUIs in Diamond Bar, CA and Criminal Cases vs. DMV Hearings
Diamond Bar, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are things to watch out for with both cases, and our process for defending your justice and vehicular rights:
Diamond Bar, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Diamond Bar, CA, court.
Your DUI case will typically go through the same process as any other criminal charge – 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 provide expert defense and dissect the charges. We'll question whether or not the traffic stop was legitimate, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Diamond Bar, CA. Often, we'll get the prosecutor 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.
Diamond Bar, CA, DUI License Suspension
While your Diamond Bar criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
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 rightfully 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 work with us, we'll question 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 unsuspended. Outside of rare cases, you don't get an extra chance to set up that hearing. This is why it's vital to contact a Diamond Bar DUI defense lawyer immediately after an arrest.
Potential Penalties for a DUI in Diamond Bar
Diamond Bar, CA, DUI criminal penalties can be harsh – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be facing, depending on the nature of the allegations:
| 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 |
Beyond the Diamond Bar, CA legal sentence collateral consequences, such as rising insurance rates and roadblocks when applying for professional licenses.
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 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 conviction will qualify an immigrant for deportation. If you are trying to become an American citizen, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
If any of the above situations apply to you, don't panic: Call one of our Diamond Bar, CA, immigration lawyers to get immediate help. 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 to protect your record, defend you against efforts to expel you from the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, it's natural to want to move on and leave this in the past. Unfortunately, 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. A Diamond Bar, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a path to clean your record.
When You're Picking a Diamond Bar, CA, DUI Lawyer, Consider These Factors
No matter what DUI allegations you've been charged with, it's key to pick the right lawyer to defend your innocence. Your team needs the talent, practice, and relationships to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Diamond Bar, CA, look for these signs:
- 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 more than five decades of experience handling cases.
- Availability: So that you can get help right away when you need it. Our offices are always available if you need to talk 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in Diamond Bar 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: 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. And we'd be proud to represent you as well.
DUI Case Types We Defend in Diamond Bar
Whatever type of DUI charge you need help with in Diamond Bar, CA – all of our DUI defense attorneys are prepared for the charges.
Below are some of the DUI cases 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 Strategies in Diamond Bar, CA
Every DUI case needs a defensive strategy, and our Diamond Bar, 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.
Challenge the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, your case could be thrown out on legal grounds. This defense is effective 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. We will investigate whether or not the procedure was followed when administering the tests, push for tests to be redone, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a typical part of any traffic stop that turns into a DUI investigation. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. This may sound bad, but you do still have viable defense strategies. 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.
Don't Wait – Speak With Our Diamond Bar DUI Defense Attorneys AS SOON AS POSSIBLE
After a DUI arrest, it can feel like you don't even have time to think. You lose your license, you could find yourself in an interrogation room, you're informed of a court date…it's easy to be like there's no way forward. What you need to do is hire an attorney right away.
Don't let the state decide how your case will go. Don't lose your license because you missed the DMV hearing window. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Diamond Bar, CA DUI charges. We're standing by to answer your call today and will begin protecting your license and searching for positive outcomes right away. Talk to one of our team members now at (800) 755-5174 or tell us about your case online for a confidential consultation.
We also provide the following legal services in Diamond Bar, CA:
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