DUI Lawyer Folsom. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
Regardless of whether you're innocent or not, 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 available to protect you in Folsom.
We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of accomplished defense attorneys who know how to navigate the Folsom, CA, justice system and get you the best outcome possible.
If you want to build an effective defense, you need to act now. Talk to a lawyer anytime, day or night, at (800) 755-5174 or tell us about your case online to start crafting your defense strategy today.
Folsom, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing how to handle the situation is important for all Folsom, CA, residents. Here 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: Keep Your Documents Together
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you already have them ready, 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 the right to remain silent during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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, 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
Acting belligerent and uncooperative won't help — it will come back to bite you. This is about more than just avoiding an arrest in the short term; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Folsom?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, typically utilizing field sobriety tests, then arrest you based on the results.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension starts right away, when you're arrested – you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, they are informing the DMV about the arrest, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will be summoned to a court hearing, and a prosecutor will inform you of the charges against you.
- DMV Hearing: As soon as you're released from jail, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: Most people accused of DUIs in Folsom, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Folsom DUI defense lawyer will file pretrial motions, likely including some to review the arrest footage, 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 Folsom district attorney 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 creating a defense now.
- Criminal Trial: Only a small percentage of DUI charges 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 your case proceeds, you may face penalties. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and administrative side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Folsom DUI Allegations and Criminal Cases vs. DMV Hearings
Folsom, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. Different CA organizations cover each of these aspects, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are descriptions of both case categories, and insights into how we protect your freedom and ability to drive:
Folsom, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 defend your freedom and dissect the accusations. We'll deconstruct the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and hunt for other evidence that can show you are not guilty.
We know what it takes to keep DUI defense clients out of jail in Folsom, CA. For several cases, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Folsom, CA, DUI License Suspension
On the other side of a Folsom DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
The criminal charges are not always relevant in the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. 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 alcohol tests, whether or not you were properly informed of the consequences. When you work with a Folsom, CA, DUI lawyer from our firm, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of luck. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's critical to contact a Folsom DUI defense attorney immediately after an arrest.
Folsom DUI Sentences and Consequences
Folsom, CA, DUI criminal penalties can leave a mark on your record for life – even for the ones considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be trying to avoid, depending on how exactly your charged and your history:
| DUI Criminal 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 |
Beyond the Folsom, CA legal sentence collateral consequences, such as loss or increased expense of insurance and career setbacks.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. 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 become grounds for deportation. For immigrants seeking citizenship, even if you aren't deported, it hurts your application process.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Folsom, CA, immigration lawyer. 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 act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, it's natural to want to move on and leave this in the past. 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. A Folsom, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
When You're Picking a Folsom, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Folsom? It's vital to pick the right lawyer to take your case. Your team needs the expertise, practice, and connections to offer the best possible outcome for your case. Here are the main things to look for in your Folsom, CA, DUI defense lawyer:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and law enforcement, totalling more than five decades of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. We're available 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Folsom and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- 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. We're ready to add you to our list of success stories.
DUI Case Types We Fight in Folsom
Administrative, criminal, or anything else related to DUIs in Folsom, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.
Here is a list of the DUI case types 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 Accident Defense
- 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 in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in Folsom, CA
If you want to craft an effective defense strategy, our Folsom, CA, DUI lawyers are here to help. 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 Legitimacy of the Traffic Stop
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 could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is 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. We 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 standard practice for police officers to use. But ultimately, these are judgment calls on the part of the officer. Your local DUI lawyer will inspect any records of the test 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. Even though this is harder to fight, there are still ways to fight it. 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 – Contact Our Folsom DUI Defense Attorneys RIGHT AWAY
Folsom, CA, DUI accusations are serious. After an arrest, you'll hardly get a chance to catch your breath. The police officer takes your license, law enforcement might try to do additional tests, you're informed of a court date…it's easy to feel stressed out. With everything going on, your best way out is to get in touch with a lawyer immediately.
Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Folsom, CA DUI charges. We're standing by to answer your call now and will start safeguarding your license and keep you out of jail immediately. Talk with one of us now at (800) 755-5174 or get in touch online for a free consultation.
We also provide the following legal services in Folsom, CA:
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