DUI Lawyer Eastvale. If you're up against a DUI in Eastvale, it can feel overwhelming. Your ability to drive isn't the only thing at risk; you're up against thousand dollar fines, years in jail, and more. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And DUIs involving drugs are treated differently than those involving alcohol.
If the Eastvale, CA, district attorney is coming after you, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you retain us, you're getting a team of veteran defense attorneys who know how to fight for you in the Eastvale, CA, judicial system and find the best result for your case.
If you wait too long to build a defense, it could become too late. Talk to a lawyer 24/7 at (800) 755-5174 or send us a note online to start preparing your case's defense today.
Eastvale, 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. Below are four tips from a Eastvale, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. Many sober people will have trouble gathering up these documents under pressure. By following this tip, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
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 during any form of questioning. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Treat the Officer Respectfully
Resisting the police won't help — it will increase your chances of getting in trouble. This isn't just something you're doing out of courtesy, though; 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 come back up later in court.
What Happens After a DUI Arrest in Eastvale?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, probably via field sobriety tests, then arrest you based on that.
If you've been placed under arrest, 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 – you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, 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 go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Independant of the criminal charge process, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Eastvale DUI defense lawyer will laying the groundwork of your defense through motions to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will work directly with the Eastvale prosecutor to present you with plea deal offers that could protect your freedom. But if it does go to trial, your attorney should be crafting a strategy now.
- Criminal Trial: It's rare that a DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on the outcome of your case, you may face a punishment. 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 license side. For advice on any stage with your charges, you can start with a call to our offices!
DUIs in Eastvale, CA and Criminal Cases vs. DMV Hearings
Eastvale, 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 are handled separately by the state, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are descriptions of both case categories, and insights into how we protect your freedom and ability to drive:
Eastvale, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Eastvale, CA, court.
Your DUI case will typically go through the same process as any other criminal charge – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we protect your rights and attack the charges. We'll examine the lawfulness of the traffic stop, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can tell a different story.
We have an extremely strong track record of clients who have avoided jail time in Eastvale, CA. Often, 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 avoid jail time with a probation sentence.
Eastvale, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension goes into effect automatically, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the entire DMV hearing is about whether or not you were legitimately 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 Eastvale, CA, DUI lawyer from our firm, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, 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 schedule that hearing. This is why it's essential to contact a Eastvale DUI defense lawyer right away after being arrested.
Punishments After a DUI Conviction in Eastvale, CA
Eastvale, CA, DUI criminal penalties can leave a mark on your record for life – even for the ones considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be looking to avoid, depending on the circumstances of the alleged offense:
| 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 Eastvale, CA, you're also facing collateral consequences, such as loss or increased expense of insurance and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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. For immigrants seeking citizenship, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Eastvale, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs that will protect you from the harshest outcomes, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Eastvale, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.
Important Qualities You Need in a Eastvale, CA DUI Attorney
Defending yourself against a DUI in Eastvale? It's key to pick the right lawyer to take your case. Your team needs the abilities, practice, and relationships to find the best outcome for your case. When looking for a DUI defense lawyer in Eastvale, CA, look for these signs:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and police, totalling over 50 years of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. Our offices are always available if you need to talk 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our team will leverage our connections with the prosecutors in Eastvale and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. 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: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. 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 Against in Eastvale
Criminal and administrative, whatever type of DUI charges you're fighting in Eastvale, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.
Below, you can review a list of the DUI charges we commonly 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
DUI Defense Tactics in Eastvale, CA
Every DUI case needs a defensive strategy, and our Eastvale, CA DUI defense lawyers are here to help you find the right one. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legality of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, you might be able to secure a dismissal of the charges. This defense is a good option if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
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. We will look into any issues with how the equipment was stored or used, introduce alternative evidence when possible, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. We will examine the evidence and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. Even though this is harder to fight, you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Get Rapid Assistance – Talk To Our Eastvale DUI Defense Attorneys NOW
Eastvale, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. You lose your right to drive, you could find yourself in an interrogation room, you're given a court date…it's easy to feel stressed out. To fight through the allegations, your first step is to contact aEastvale, CA, DUI 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 sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Eastvale, CA DUI charges. We're equipped with the tools to build your case fast and will can fight for your license and your liberty now. Get a hold of us now at (800) 755-5174 or let us know what you need online for a no strings attached case review.
We also provide the following legal services in Eastvale, CA:
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