DUI Lawyer Escondido. DUI law in Escondido is complex. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. CA law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you find yourself in this situation, you need someone in your corner. Trying to navigate the laws and the courts is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are CA's top 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 former prosecutors who know how to protect you in the Escondido, CA, legal system and find the best result for your case.
Don't wait and let your chance slip away. Get a hold of us now at (800) 755-5174 or tell us about your case online to start preparing your defense strategy today.
What Happens After a DUI Arrest in Escondido?
CA DUI Law allows an officer to arrest you without a BAC level over the limit, or if you don't blow at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably utilizing field sobriety tests, then arrest you based on your performance.
As soon as you're arrested, 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, while the officer will keep your regular license. In the meantime, they are informing the DMV about the arrest, which updates their records to show your license as suspended.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will tell you the exact laws you're charged with breaking.
- 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 Escondido DUI defense lawyer will file pretrial potions, likely including some to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will negotiate with the Escondido prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be preparing 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 turns out, you may face penalties. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and license side. No matter where you are in your case, give us a call so that we can help!
Escondido DUI: Fighting Criminal Cases vs. DMV Hearings
Escondido, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the administrative case. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and how we fight to protect your liberty and ability to drive:
Escondido, 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.
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 craft a staunch defense and attack the charges. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and see if there's anything the police missed 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 alsoargue for probation to maintain your freedom.
Escondido, CA, DUI License Suspension
On the other side of a Escondido DUI charge is the DMV and your license suspension. This suspension goes into effect automatically, and if you want 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, you can lose your license regardless of the outcome of the criminal case. 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. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's crucial to contact a Escondido DUI defense attorney immediately after being arrested.
Potential Penalties for a DUI in Escondido
CA DUI criminal penalties are intimidating – while many are considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be up against, 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 |
Beyond the Escondido, CA legal sentence collateral consequences, such as more expenses on your insurance and potential punitive actions from professional licensing organizations.
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 doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. Our DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Escondido: What You Need to Know
Up against DUI charges? It's key to pick the right lawyer to represent you. Your team needs the expertise, practice, and connections to secure a positive outcome for your case. The top Escondido, 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 team includes former judges, prosecutors, and police, totalling over 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can get a hold of us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our firm has experience working with the prosecutors in Escondido and all throughout CA.
- Reputation: Both in the community and in the legal sphere. 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. We want you to be our next success story.
DUI Case Types We Defend Against in Escondido
Criminal and administrative, whatever type of DUI charges you're fighting in Escondido, CA – our DUI defense lawyers are prepared to battle against the charges.
Here is a list of the DUI charges 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 – Call Our Escondido DUI Defense Lawyers RIGHT AWAY
After a DUI arrest, it feels like there's no space to breathe. Your license disappears, you might be interrogated, you're given a court date…it's easy to feel out of control. And that's why it's all the more important to hire an attorney immediately.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Escondido, CA DUI charges. We're prepared to start building your defense right now and will work on a strategy to defend your license and keep you out of jail as soon as you call. Reach out to us now at (800) 755-5174 or fill out our contact form online for a free consultation.
We also provide the following legal services in Escondido, CA:
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