DUI Lawyer Elk Grove. Elk Grove DUI charges are very serious. This isn't just an administrative issue; if you're facing years in prison for a repeat offense, your car is the least of your worries. If you declined to take an alcohol test, you can face separate charges, and in some cases, refusing can give you even worse penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you find yourself in this situation, you need someone in your corner. Trying to stand up for yourself against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is just a call away in Elk Grove, CA.
We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you choose us, you're getting a team of DUI defense experts who know how to navigate the Elk Grove, CA, justice system and will always be honest with you about the state of your case and the best path forward.
Take too long to start your defense, and you could miss your chance. Talk to a lawyer 24/7 at (800) 755-5174 or tell us about your case online to start crafting your defense strategy today.
Elk Grove, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but it's still important to know how to handle a traffic stop. Here are four tips from a Elk Grove, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent during any form of questioning. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. The officer may not like it, but they can't compel you to participate. 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: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Elk Grove?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. The police can use other methods to determine whether or not you were safe to drive, often through field sobriety tests, then make arrests based on how you do.
Once this happens, 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 can start the minute the officer arrests you – on the spot, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, they are informing the DMV about the arrest, officially suspending your license.
- Arraignment: Before you are released, you will go to court, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: As soon as you're released from jail, 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 Elk Grove DUI defense expert will be filing motions, including motions to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will communicate with the Elk Grove district attorney to try and secure a favorable deal before a trial. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face a punishment. 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 provide you with advice on the best way to move forward, on both the criminal defense and driver's license side. If you need help today, give us a call so that we can help!
Defending Against Elk Grove DUIs: Criminal Cases vs. DMV Hearings
Elk Grove, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the license suspension. In CA, these are always two separate processes, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and insights into how we protect your freedom and driving privileges:
Elk Grove, 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 craft a staunch defense and attack the supposed wrongdoing. We'll debate the legality of the traffic stop, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and look for witness testimony and other proof that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Elk Grove, CA. For several cases, 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 avoid jail time with a probation sentence.
Elk Grove, CA, DUI License Suspension
While your Elk Grove criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. When you work with a Elk Grove, CA, DUI lawyer from our firm, we'll work to undermine 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 an extra chance to set up that hearing. This is why it's important to contact a Elk Grove DUI defense attorney promptly after the arrest.
DUI Punishments in Elk Grove
Elk Grove, CA, DUI criminal penalties can permanently affect your life – while many are considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be fighting 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 roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. 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 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 currently applying to become a U.S. citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Elk Grove, CA, immigration lawyer can help you navigate the situation. 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 with alternatives to criminal sentencing, 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, odds are, you'll want to leave it in the past and move forward with your life. However, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Elk Grove, CA, DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
Important Qualities You Need in a Elk Grove, CA DUI Attorney
No matter what DUI allegations you've been charged with, it's essential to pick the right lawyer to fight for you. Your team needs the abilities, experience, and relationships to give you opportunities for a positive outcome for your case. When looking for a DUI defense lawyer in Elk Grove, CA, look for these signs:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police, totalling more than 50 years of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Elk Grove 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: Winners win. It's as simple as that. And we win, a lot. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Defend in Elk Grove
Criminal and administrative, whatever type of DUI charges you're fighting in Elk Grove, CA – all of our DUI defense attorneys are prepared for the charges.
Here are some of the DUI charges 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 Elk Grove, CA
When you work with the Law Offices of David S. Chesley, your Elk Grove, CA, DUI attorney will draw from years of experience with effective defense strategies. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge 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, 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 BAC 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 look into any potential procedural errors, retest in some cases, using a "blood-split" motion, 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 field sobriety tests are not objective measures of whether you're safe to drive or not. We will examine the evidence and point out situations where law enforcement unfairly failed our clients on these tests.
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 .08 or higher. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. 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.
Timing is Critical – Speak With Our Elk Grove DUI Defense Attorneys AS SOON AS POSSIBLE
DUI allegations are no joke. After you've been charged, it can feel like you don't even have time to think. Your license disappears, you might be interrogated, you get a court date…it's easy to be lost. To fight through the allegations, your first step is to call a DUI defense lawyer as soon as possible.
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 represent you.
We're experts at defending all Elk Grove, CA DUI charges. We're prepared to start building your defense today and will begin protecting your license and keep you out of jail right away. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a free, confidential consultation.
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