DUI Lawyer Encinitas. Encinitas DUI charges are very serious. You're being accused of a crime; criminal charges can result in prison, fines, and additional harsh penalties. 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 DUIs involving drugs are treated differently than those involving alcohol.
Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's top DUI defense lawyers and have successfully fought countless DUI charges. When you work with us, you're getting a team of former prosecutors who know how to operate the Encinitas, CA, justice system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Reach out right away at (800) 755-5174 or send us a note online to start putting together your case's defense today.
Encinitas, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Encinitas, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Many sober people will have trouble gathering up these documents under pressure. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have the right to remain silent at all points in the legal process. Don't talk without an attorney present.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
The state of California only legally requires drivers to participate in field sobriety tests if they are either 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, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Don't Argue With the Officer
Being rude 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 benefits 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 help justify an arrest.
What Happens After a DUI Arrest in Encinitas?
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. The police can use other methods to determine whether or not you were safe to drive, generally using field sobriety tests, then arrest you based on how you do.
Once you've been arrested, the CA legal system starts moving towards 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 you will lose your regular license (at least for now). While you're proceeding through the system, they are ensuring that the arrest is added to your DMV record, which updates their records to show your license as suspended.
- Arraignment: While under arrest, 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: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Encinitas DUI defense expert will file motions to strengthen your defense, such as ones to throw out illegal evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will negotiate with the Encinitas prosecutor to present you with plea deal offers that could protect your freedom. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy 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, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and license side. No matter where you are in your case, you can start with a call to our offices!
Encinitas DUI Allegations and Criminal Cases vs. DMV Hearings
Encinitas, CA, DUI charges are always a two-pronged challenge: The criminal case and the driver's case. In CA, these are always two separate processes, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and our process for defending your justice and driving privileges:
Encinitas, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
The general court process is the same as any other criminal case – 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 present reasonable doubt and discredit the criminal accusations. We'll challenge the legitimacy of the traffic stop, demonstrate any present errors in the police officer's judgement, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can present an alternate narrative.
We know what it takes to keep DUI defense clients out of jail in Encinitas, CA. In many cases, 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 out probation over jail or prison time.
Encinitas, CA, DUI License Suspension
While your Encinitas criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, 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, even if you receive a "not guilty" verdict, you can still lose your license. 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 to blow, whether or not you were properly informed of the consequences. When you hire us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's essential to contact a Encinitas DUI defense lawyer immediately after the arrest.
Potential Penalties for a DUI in Encinitas
Encinitas, CA, DUI criminal penalties can leave a mark on your record for life – while some are 'just' misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be looking to avoid, depending on the allegations you're facing:
| Formal DUI 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 |
You'll also be facing significant collateral consequences, such as elevated insurance costs 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 you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
If any of the above situations apply to you, don't panic: Call one of our Encinitas, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs that can protect you from a conviction, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
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. The bad news is that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, it might be possible to either expunge or seal your records. A Encinitas, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
Top DUI Defense Attorneys in Encinitas: What You Need to Know
Up against DUI charges? It's essential to pick the right lawyer to defend you. Your team needs the expertise, preparation, and relationships to give you opportunities for a positive outcome for your case. The top Encinitas, 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, you will work with a team of attorneys including former judges, district attorneys, and police, totalling over 50 years of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. You can get a hold of us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Encinitas and all throughout CA.
- Reputation: Both in the community and in the legal sphere. 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: 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. We want you to be our next success story.
DUI Case Types We Defend in Encinitas
It doesn't matter what kind of DUI you're facing in Encinitas, CA – our DUI defense lawyers are prepared help you navigate the charges.
Here are some of the DUI cases we have experience defending:
- 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 Encinitas, CA
Every DUI case needs a defensive strategy, and our Encinitas, CA DUI defense lawyers are here to help you find the right one. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, your case could be thrown out on legal grounds. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With Chemical Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any potential procedural errors, push for tests to be redone, 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 you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. This may sound bad, but we won't give up yet. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Start Your Defense Today – Call Our Encinitas DUI Defense Attorneys TODAY
Encinitas, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. The police officer takes your license, law enforcement might try to do additional tests, you're given a court date…it's easy to feel like there's no way forward. Your path forward begins when you hire a DUI defense lawyer immediately.
Don't let the state decide how your case will go. Don't lose your ability to drive without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Encinitas, CA DUI charges. We're equipped with the tools to build your case fast and will begin protecting your license and your rights now. Talk to one of our team members now at (800) 755-5174 or set up an appointment online for a free, confidential consultation.
We also provide the following legal services in Encinitas, CA:
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