DUI Lawyer Fontana. DUI law in Fontana is complex. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. Declining a breathalyzer or blood test on its own can result in charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If the Fontana, CA, district attorney is coming after you, you need someone in your corner. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Fontana, CA.
We are California's premier DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of former prosecutors who know how to fight for you in the Fontana, CA, court system and get you the best outcome possible.
While you're hesitating, the odds are stacking up against you. Call anytime, day or night, at (800) 755-5174 or tell us about your charges online to start constructing your case's defense today.
Fontana, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Fontana, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you don't need to search for them, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
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. Call your DUI lawyer and stay quiet until they arrive.
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. The officer may not like it, but they can't compel you to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Treat the Officer Respectfully
Resisting the police won't help — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also helps 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 could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Fontana?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, 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 through field sobriety tests, then make judgements based on that.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). Meanwhile, the police are ensuring that the arrest is added to your DMV record, beginning the formal suspension.
- Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: As soon as you're released from jail, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Most people accused of DUIs in Fontana, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Fontana DUI defense attorney will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will negotiate with the Fontana prosecutor to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be creating a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to 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 you plea or are found, you may face consequences. 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 DMV side. Whatever stage in the process you're at, you can start with a call to our offices!
Fontana, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Fontana, CA, DUI charges are always a two-pronged challenge: The criminal case and the driver's case. Different CA organizations cover each of these aspects, 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 ability to drive:
Fontana, 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 Fontana, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – 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 protect your rights and attack the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and hunt for other evidence that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Fontana, CA. Frequently, 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 avoid jail time with a probation sentence.
Fontana, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, 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, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the focus of this hearing is whether or not you were lawfully 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. These hearings have serious consequences that require an expert Fontana, CA, DUI lawyer to navigate. At the hearing, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you're out of options. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's essential to contact a Fontana DUI defense attorney right away after the arrest.
Punishments After a DUI Conviction in Fontana, CA
Fontana, CA, DUI criminal penalties are intimidating – even for the ones considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be looking to avoid, depending on the circumstances of the alleged offense:
| 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 have the potential to be life-altering. On the bright side, most first-time DUIs at this time will not result in deportation. 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 be put on the same level as serious felonies when it comes to immigration consequenceses. For individuals working on the naturalization process, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
If any of the above situations apply to you, don't panic: Call one of our Fontana, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Fontana, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.
Important Qualities You Need in a Fontana, CA DUI Attorney
Accused of a DUI in Fontana? It is imperative to pick the right lawyer to take your case. Your team needs the skills, history, and connections to find the best outcome for your case. When looking for a DUI defense lawyer in Fontana, 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, our team includes former judges, prosecutors, and law enforcement, totalling more than 50 years of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can get a hold of us 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Fontana and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud of our reputation with former clients 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. If you're ready to join our list of successes, call now.
DUI Case Types We Defend in Fontana
Whatever type of DUI charge you need help with in Fontana, CA – your DUI defense lawyer from our team prepared to battle against the charges.
Below, you can review a list of the DUI case types we typically 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
DUI Defense Tactics in Fontana, CA
When you work with the Law Offices of David S. Chesley, your Fontana, CA, DUI attorney will draw from years of experience with effective defense strategies. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legitimacy of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, we can challenge the evidence, and even the legitimacy of the case itself. This defense is effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical 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 investigate any possible errors that were made when you took the test, retest in some cases, using a "blood-split" motion, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. 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
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. This may sound bad, but you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Get Rapid Assistance – Contact Our Fontana DUI Defense Lawyers AS SOON AS POSSIBLE
After a DUI arrest, it can feel like you don't even have time to think. Your license is suspended, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to feel like there's no way forward. In order to find a way out of all that, you need to call a DUI defense attorney as soon as possible.
Don't give up and let the district attorney win. Don't wait too long and lose your driving privileges. 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 Fontana, CA DUI charges. We're prepared to start building your defense immediately and will start safeguarding your license and your freedom right away. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a confidential consultation.
We also provide the following legal services in Fontana, CA:
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