DUI Lawyer Fontana. DUI law in Fontana is complex. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you need help from a DUI defense expert. 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 defend you.
We are CA's leading 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 veteran defense attorneys who know how to defend your rights in the Fontana, 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 today at (800) 755-5174 or send us a note online to start building your defense strategy today.
What Happens After a DUI Arrest in Fontana?
CA DUI Law allows an officer to arrest you even if you blow below the legal limit, or if you aren't tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely utilizing field sobriety tests, then arrest you based on the results.
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 – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, they are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Meanwhile, your Fontana DUI defense attorney will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will contact the Fontana 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 crafting a strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and DMV side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Fontana DUI Allegations and Criminal Cases vs. DMV Hearings
Fontana, CA, DUI charges are always a two-pronged challenge: The criminal case and the license suspension. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and ways we defend your liberty and license:
Fontana, 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.
The general court process is the same as any other criminal case – 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 allegations. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can tell a different story.
With our defense strategies, we are almost always successful at protecting our clients from jail time. In many cases, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoavoid jail time with a probation sentence.
Fontana, CA, DUI License Suspension
On the other side of a Fontana DUI charge is the DMV and your license suspension. This suspension goes into effect automatically, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. 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 to alcohol tests, whether or not you were properly informed of the consequences. When you work with us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you're out of options. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's important to contact a Fontana DUI defense attorney immediately after an arrest.
DUI Punishments in Fontana
CA DUI criminal penalties are a lot to face – while many are considered misdemeanors, you could still end up with 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 how exactly your charged and your history:
| 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 Fontana, CA legal sentence collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. A DUI defense attorney can help you out here, too, and give you a chance to clean your record.
Top DUI Defense Attorneys in Fontana: What You Need to Know
No matter what DUI alleges you've been charged with, it's important to pick the right lawyer to represent you. Your team needs the abilities, history, and relationships to find the best outcome for your case. Here are the main things to look for in your Fontana, CA, DUI defense lawyer:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police, totalling over 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. We're available 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in Fontana 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: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. 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 Fontana
Whatever DUI charge you're up against in Fontana, CA – our DUI defense team is prepared for the charges.
Here is a list of the DUI case types we commonly 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 Fontana DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. The police officer takes your license, there could be interrogations, you're given a court date…it's easy to be stressed out. With everything going on, your best way out is to call a lawyer immediately.
Don't wait for the prosecution to build a case against you. Don't lose your license because you missed the DMV hearing window. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Fontana, CA DUI charges. We're ready to take on your case now and will begin protecting your license and your rights as soon as you call. Talk with one of us now at (800) 755-5174 or set up an appointment online for a free, confidential consultation.
We also provide the following legal services in Fontana, CA:
Payment Plans
