DUI Lawyer Downey. If you're up against a DUI in Downey, it can feel overwhelming. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. CA law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
When you're up against the CA legal system, you need help from a DUI defense expert. 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 available to protect you in Downey.
We are CA's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the Downey, CA, court system and find the best result for your case.
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 building your defense today.
What Happens After a DUI Arrest in Downey?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, or if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often via field sobriety tests, then arrest you based on the results.
Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when 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 proceeding through the system, the police are providing a record of the arrest to the CA DMV, officially suspending your license.
- Arraignment: At some point when you're in jail, 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 set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the interim, your Downey DUI defense lawyer will be filing motions, including motions to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will contact the Downey prosecutor to find a plea deal that minimizes penalties for you. But if it does go to trial, your attorney should be building a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case proceeds, you may face penalties. 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 out, no matter where you are in the process, on both the criminal defense and DMV side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Defending Against Downey DUIs: Criminal Cases vs. DMV Hearings
Downey, CA, DUI charges include two separate fights: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are things to watch out for with both cases, and how we fight to protect your liberty and ability to drive:
Downey, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Criminal cases, including DUIs, all follow the same basic process – 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 provide expert defense and push back against the charges. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can result in a not guilty plea.
We have an extremely strong track record of clients who have avoided jail time. Frequently, we'll negotiate a plea deal to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoavoid jail time with a probation sentence.
Downey, CA, DUI License Suspension
While your Downey criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and in order to 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, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the hearing is to determine if 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 challenge the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's crucial to contact a Downey DUI defense lawyer right away after an arrest.
DUI Punishments in Downey
CA DUI criminal penalties can be harsh – while many are considered 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 up against, depending on how exactly your charged and your history:
| 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 |
You'll also be facing significant collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. A DUI defense attorney can help you out here, too, and give you a chance to clean your record.
Top DUI Defense Attorneys in Downey: What You Need to Know
Up against DUI charges? It's key to pick the right lawyer to defend you. Your team needs the abilities, practice, and connections to provide the optimal outcome for your case. The top Downey, 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 police, totalling over 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Downey and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- 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 Against in Downey
Whatever DUI charge you're up against in Downey, CA – the Law Offices of David S. Chesley is prepared to battle against the charges.
Here is a list of the DUI allegations we regularly 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 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
Start Your Defense Today – Contact Our Downey DUI Defense Attorneys NOW
When you're up against Downey DUI charges, it feels like there's no space to breathe. The police officer takes your license, you might be interrogated, you're told you have a court date…it's easy to feel stressed out. In order to find a way out of all that, you need to call a DUI defense lawyer immediately.
Don't give the state a chance to put you behind bars. Don't let your license go without a fight. 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 Downey, CA DUI charges. We're equipped with the tools to build your case today and will start safeguarding your license and your freedom immediately. Call us now at (800) 755-5174 or tell us about your case online for a free consultation.
We also provide the following legal services in Downey, CA:
Payment Plans
