DUI Lawyer El Monte. The consequences of a DUI can be devastating. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. If you declined to take an alcohol test, you can face separate charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you're facing these types of charges in CA, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of experienced, high-quality lawyers who know how to fight for you in the El Monte, CA, judicial system and find the best result for your case.
Don't wait and let your chance slip away. Talk to a lawyer today at (800) 755-5174 or send us a note online to start building your defense strategy today.
El Monte, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a El Monte, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. By following this tip, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have Fifth Amendment protections both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you are 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: Treat the Officer Respectfully
Arguing with the officer won't improve your case — it will likely be something you regret. 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, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in El Monte?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you aren't tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely via field sobriety tests, then arrest you based on your performance.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in El Monte, CA, follow this progression:
- Suspension: Your license suspension can begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, the police are informing the DMV about the arrest, which means your license is officially suspended.
- Arraignment: Sometime after arriving at the police station, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Independant of the criminal charge process, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your El Monte DUI defense attorney will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will contact the El Monte prosecutor to find a plea deal that minimizes penalties for you. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: It's rare that a DUI case will go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how you plea or are found, you may face penalties. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and license side. Whatever stage in the process you're at, you can start with a call to our offices!
El Monte DUI Allegations and Criminal Cases vs. DMV Hearings
El Monte, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the fight for your license. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and how we fight to protect your justice and right to drive:
El Monte, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the El Monte, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 defend your freedom and attack the supposed wrongdoing. We'll deconstruct the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can present an alternate narrative.
We have an extremely strong track record of clients who have avoided jail time in El Monte, CA. Commonly, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
El Monte, CA, DUI License Suspension
While your El Monte criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is independent of the criminal case, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. 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. At the Law Offices of David S. Chesley, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, the suspension is probably hear to stay. Outside of rare cases, you don't get an extra chance to set up that hearing. This is why it's important to contact a El Monte DUI defense lawyer as soon as you can after being arrested.
Potential Penalties for a DUI in El Monte
El Monte, CA, DUI criminal penalties can be harsh – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be up against, depending on the nature of the allegations:
| 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 |
Beyond any sentence that a judge in El Monte, CA, sentences you to, you also need to worry about collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be devastating. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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 be put on the same level as serious felonies when it comes to immigration consequenceses. For individuals working on the naturalization process, even if you aren't deported, it can set your efforts back by several years.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a El Monte, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that can protect you from a conviction, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, 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. A El Monte, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's vital to pick the right lawyer to defend you. Your team needs the talent, history, and contacts to give you opportunities for a positive outcome for your case. The top El Monte, CA, DUI defense attorneys will have all of the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, prosecutors, and police, totalling over five decades of experience with the law.
- Availability: So that you can get help right away when you need it. You can get a hold of us 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in El Monte and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Fight in El Monte
Whatever DUI charge you're up against in El Monte, CA – the Law Offices of David S. Chesley is prepared to defend you against the charges.
Below are some of the DUI cases we typically 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 Strategies in El Monte, CA
Our El Monte, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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 Traffic Stop
If law enforcement made a mistake while conducting their investigation, we can challenge the evidence, and even the legitimacy of the case itself. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With 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 highlight the ways that these tests can give false readings, introduce alternative evidence when possible, and analyze the state's case to see if there was an error made in how your evidence was processed.
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 ultimately, these are judgment calls on the part of the officer. We will examine the evidence 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. While properly conducted BAC tests are hard to disprove, 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.
Get Immediate Help – Contact Our El Monte DUI Defense Lawyers TODAY
If you've been arrested or accused of a DUI in El Monte, CA, you'll hardly get a chance to catch your breath. You can't drive anymore, a law enforcement official might be asking you hard questions, you're informed of a court date…it's easy to be like there's no way forward. And that's why it's all the more important to call an attorney immediately.
Don't wait for the prosecution to build a case against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all El Monte, CA DUI charges. We're prepared to start building your defense right now and will start protecting your driving privileges and your rights as soon as you call. Call us now at (800) 755-5174 or set up an appointment online for a no strings attached consultation.
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