DUI Lawyer Fresno, CA

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DUI Lawyer Fresno. DUI law in Fresno is complex. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. If you declined to take an alcohol test, you can face separate charges, and in some cases, refusing can give you even worse penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.

If the Fresno, CA, district attorney is coming after you, you need someone in your corner. Trying to fight against the prosecution 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 Fresno, CA.

We are California's best DUI defense lawyers and have successfully fought countless DUI charges. When you retain us, you're getting a team of veteran defense attorneys who know how to fight for you in the Fresno, CA, legal system and find the best result for your case.

Acting fast is key to protecting your freedom and license. Reach out today at (800) 755-5174 or tell us about your case online to start preparing your defense today.

Fresno, CA, DUI Lawyer Traffic Stop Tips:

Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Fresno, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:

Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By keeping these documents on hand, you avoid that risk.

Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections both before and after an arrest. Even just saying "I only had two drinks" can work against you.

Tip #3: Refuse Voluntary Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.

Tip #4: Respect the Law Enforcement Officer
Resisting the police won't improve your case — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.

What Happens After a DUI Arrest in Fresno?

California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally utilizing field sobriety tests, then make arrests based on your performance.

Once you've been arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:

1. Suspension: Your license suspension effective immediately after your arrest – right away, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, the police are contacting the DMV about your DUI arrest, beginning the formal suspension.
2. Arraignment: At some point when you're in jail, you will attend a hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
3. DMV Hearing: Independant of the criminal charge process, 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.
4. Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your Fresno DUI defense attorney will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to retest your blood sample.
5. Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will speak with the Fresno district attorney to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be building a defense now.
6. Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we're prepared to defend your license and freedom if it does.
7. Sentencing/Sealing: Depending on how you plea or are found, you may face a punishment. 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 provide you with advice on the best way to move forward, on both the criminal defense and license side. For advice on any stage with your charges, the Law Offices of David S. Chesley are here for you!

Fresno DUI Allegations and Criminal Cases vs. DMV Hearings

Fresno, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the DMV 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 descriptions of both case categories, and ways we defend your freedom and driving privileges:

Fresno, 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.

Your DUI case will typically go through the same process as any other criminal charge – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.

At the Law Offices of David S. Chesley, we craft a staunch defense and fight against the supposed wrongdoing. We'll debate the legality of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can show you are not guilty.

We know what it takes to keep DUI defense clients out of jail in Fresno, CA. For many clients, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.

Fresno, CA, DUI License Suspension

Meanwhile, you need to worry about the DMV and your license suspension. This suspension is automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.

In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, this administrative hearing is focused on if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, 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.

Outside of that ten-day window, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's essential to contact a Fresno DUI defense attorney without delay after an arrest.

DUI Punishments in Fresno

Fresno, CA, DUI criminal penalties can leave a mark on your record for life – even though some are misdemeanors, you could still end up with a year in jail, or six months for a first offense.

Below, we've listed the different penalties you could be up against, depending on the nature of the allegations:

Beyond the Fresno, CA legal sentence collateral consequences, such as loss or increased expense of insurance and career setbacks.

DUIs and Immigration

DUI immigration consequences can be devastating. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically 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 hurts your application process.

A DUI accusation doesn't have to end your time in the United States. You can get help from your Fresno, CA, immigration lawyer. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: 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 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, it might be possible to either expunge or seal your records. A Fresno, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.

How to Pick the Right DUI Defense Lawyer

Defending yourself against a DUI in Fresno? It's vital to pick the right lawyer to defend you. Your team needs the skills, preparation, and ties to secure a positive outcome for your case. Here are the main things to look for in your Fresno, CA, DUI defense lawyer:

1. Experience: Ideally from multiple sides of the legal system. 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.
2. Availability: Because alleged DUIs can happen outside of the 9-to-5. Our offices are always available if you need to talk 24/7.
3. Relationships: Part of getting a positive plea deal is knowing the right people. We know how to connect with the prosecutors in Fresno and all throughout CA.
4. Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
5. 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. We want you to be our next success story.

DUI Case Types We Fight in Fresno

It doesn't matter what kind of DUI you're facing in Fresno, CA – our DUI defense attorneys are prepared for the charges.

Here are some of the DUI cases we regularly defend:

DUI Defense Tactics in Fresno, CA

If you want to craft an effective defense strategy, our Fresno, CA, DUI lawyers are here to help. 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 Legality of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, you might be able to secure a dismissal of the charges. 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 Chemical 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, retest when possible, and highlight any errors in the chain of custody.

Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are often used by officers to evaluate whether someone is impaired or not. But ultimately, these are judgment calls on the part of the officer. We will examine the evidence and provide alternate explanations for your performance.

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. While this is can be difficult to overcome, you do still have viable defense strategies. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.

Get Immediate Help – Contact Our Fresno DUI Defense Lawyers RIGHT AWAY

DUI allegations are no joke. After you've been charged, things move pretty fast. Your license disappears, a law enforcement official might be asking you hard questions, you're informed of a court date…it's easy to feel stressed out. And that's why it's all the more important to speak to a DUI defense attorney now.

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 just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to represent you.

We're experts at defending all Fresno, CA DUI charges. We're prepared to start building your defense now and will start safeguarding your license and your liberty now. Get a hold of us now at (800) 755-5174 or tell us about your charges online for a no-obligation consultation.

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

• Criminal Defense Lawyer