DUI Lawyer Folsom, CA

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DUI Lawyer Folsom. If you're up against a DUI in Folsom, it can feel overwhelming. Besides losing your license, there's a lot at stake; 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 the consequences you face might be even worse than a DUI conviction. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.

If you've been accused of a DUI in Folsom, CA, you need help from a DUI defense expert. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Folsom, CA.

We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of DUI defense experts who know how to navigate the Folsom, CA, justice system and will always be honest with you about the state of your case and the best path forward.

If you wait too long to build a defense, it could become too late. Call as soon as possible at (800) 755-5174 or send us a note online to start building your case's defense today.

Folsom, CA, DUI Lawyer Traffic Stop Tips:

We'd all love to drive without any risk of being pulled over, but knowing how to handle the situation is important for all Folsom, CA, residents. Below are four tips from a Folsom, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:

Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. When you're already prepared to give them to the officer, 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 Fifth Amendment protections at all points in the legal process. Trying to explain away the smell of alcohol will probably just get you in more trouble.

Tip #3: Don't Automatically Consent to 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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.

Tip #4: Be Polite and Don't Argue
Acting belligerent and uncooperative won't help — it will make things worse. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.

What Happens After a DUI Arrest in Folsom?

California DUI Law allows an officer to arrest you without a BAC level over the limit, 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 using field sobriety tests, then make judgements based on their evaluation of you.

Once this happens, the CA legal system will proceed with both a license suspension and criminal charges. Most DUI cases in Folsom, CA, follow this progression:

1. Suspension: Your license suspension effective immediately after your arrest – you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're processing this, they are updating your records with the DMV to account for the arrest, at which point, you're officially facing a license suspension.
2. Arraignment: After your arrest and before your release, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
3. DMV Hearing: While all of the criminal proceedings are going on, you'll want to set up a DMV hearing within 10 days to protect your license.
4. Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the interim, your Folsom DUI defense attorney will file motions to strengthen your defense, such as ones to review the arrest footage, and a "blood split" motion to have an independent lab examine your blood sample.
5. Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will contact the Folsom district attorney to present you with plea deal offers that could protect your freedom. But if you end up on trial in front of a judge, your attorney should be refining a defense strategy now.
6. Criminal Trial: Only a small percentage of DUI charges go to trial, but we don't count on that possibility and will be ready if it does.
7. Sentencing/Sealing: Depending on how your case proceeds, 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 fight any allegation, on both the criminal defense and license side. For advice on any stage with your charges, call now and we'll be happy to assist!

Folsom DUI: Fighting Criminal Cases vs. DMV Hearings

Folsom, CA, DUI charges are special because of their dual-nature: The criminal case and the administrative case. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.

Here are things to watch out for with both cases, and insights into how we protect your justice and driving privileges:

Folsom, 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 Folsom, 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 push back against the charges. We'll examine the lawfulness of the traffic stop, display flaws in the officer's analysis, look for weaknesses in the breathalyzer test, and look for evidence that can present an alternate narrative.

With our defense strategies, we are almost always successful at protecting our Folsom, CA, clients from jail time. For several cases, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.

Folsom, CA, DUI License Suspension

Meanwhile, you need to worry about 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 being arrested.

At the administrative hearing, you're not facing criminal charges. 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 rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you hire us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.

If it's been more than ten days after your arrest, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's crucial to contact a Folsom DUI defense attorney right away after an arrest.

Punishments After a DUI Conviction in Folsom, CA

Folsom, CA, DUI criminal penalties can be harsh – even though some are 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 fighting against, depending on how exactly your charged and your history:

In addition to any criminal sentence in Folsom, CA, you're also facing collateral consequences, such as rising insurance rates and career setbacks.

DUIs and Immigration

DUI immigration consequences can be incredibly 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. For immigrants seeking citizenship, 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 Folsom, CA, immigration lawyer immediately. 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 to protect your record, defend you against efforts to expel you from the country, and guide you through your citizenship application.

After the Case: Expungement/Sealing

Whether you're found innocent or not, you'll want to get back to life as normal, before the charges. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Folsom, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path 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 take your case. Your team needs the expertise, experience, and relationships to secure a positive outcome for your case. When you speak with Folsom, CA, DUI attorneys about your case, ask them about the following:

1. Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and law enforcement, totalling over 50 years of experience handling cases.
2. Availability: So that you can get help right away when you need it. You can get a hold of us 24/7.
3. Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Folsom and all throughout CA.
4. Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
5. Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. In fact, 95% of our DUI cases result in no jail time.

Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.

DUI Case Types We Defend Against in Folsom

Criminal and administrative, whatever type of DUI charges you're fighting in Folsom, CA – our DUI defense lawyers are prepared stand by you against the charges.

This is a list of the DUI charges we often defend:

DUI Defense Tactics in Folsom, CA

When you work with the Law Offices of David S. Chesley, your Folsom, CA, DUI attorney will draw from years of experience with effective defense strategies. While there are many effective legal strategies available, picking the right one can make all the difference.

Challenge the Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, your case could be thrown out on legal grounds. This defense is effective 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 BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will look into any issues with how the equipment was stored or used, re-examine the evidence to look for alternate explanations, and look for any issues in how the evidence was handled.

Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But these tests are subjective. 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. While this is can be difficult to overcome, there are still ways to fight it. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.

Don't Wait – Contact Our Folsom DUI Defense Attorneys AS SOON AS POSSIBLE

DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. Your license disappears, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to feel lost. What you need to do is hire aFolsom, CA, DUI attorney as soon as possible.

Don't give up and let the district attorney win. Don't let your license go without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.

We're experts at defending all Folsom, CA DUI charges. We're equipped with the tools to build your case immediately and will start safeguarding your license and searching for positive outcomes immediately. Reach out to us now at (800) 755-5174 or get in touch online for a free, confidential consultation.

We also provide the following legal services in Folsom, CA:

• Criminal Defense Lawyer