DUI Lawyer Garden Grove. DUI law in Garden Grove is complex. This isn't just an administrative issue; depending on your history, you could go to prison. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and in some cases, refusing can give you even worse penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If the Garden Grove, CA, district attorney is coming after you, you don't want to be alone. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Garden Grove, CA.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of legal experts who know how to fight for you in the Garden Grove, CA, court system and find the best result for your case.
While you're hesitating, the odds are stacking up against you. Talk to a lawyer anytime, day or night, at (800) 755-5174 or tell us how we can help online to start building your defense today.
Garden Grove, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Garden Grove, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
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. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections at all points in the legal process. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
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, 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: Respect the Law Enforcement Officer
Being rude won't help — it will increase your chances of getting in trouble. This isn't just something you're doing out of courtesy, though; it also benefits 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 may come back up later in court.
What Happens After a DUI Arrest in Garden Grove?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, 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, likely with field sobriety tests, then arrest you based on their evaluation of you.
As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension effective immediately after your arrest – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, they are informing the DMV about the arrest, which updates their records to show your license as suspended.
- Arraignment: While under arrest, you will go to court, and a prosecutor will read out the allegations that you are formally being charged with.
- 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.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Garden Grove DUI defense attorney will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will speak with the Garden Grove prosecutor to avoid a trial with a plea deal that protects you. But if the case goes to trial, your attorney should be preparing now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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, you can explore record clearing options with our lawyers.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. Whatever stage in the process you're at, call now and we'll be happy to assist!
Garden Grove DUI: Fighting Criminal Cases vs. DMV Hearings
Garden Grove, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the fight for your license. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and our process for defending your freedom and driving privileges:
Garden Grove, 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 Garden Grove, CA, legal system.
Your DUI case will typically go through the same process as any other criminal charge – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we provide expert defense and fight against the allegations. We'll challenge the legitimacy of the traffic stop, demonstrate any present errors in the police officer's judgement, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can exonerate you.
We have an extremely strong track record of clients who have avoided jail time in Garden Grove, CA. For many clients, we'll get the prosecutor to reduce the charges, 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.
Garden Grove, CA, DUI License Suspension
While your Garden Grove criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the focus of this hearing is 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 work with us, 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 an extra chance to schedule that hearing. This is why it's critical to contact a Garden Grove DUI defense attorney immediately after being arrested.
Potential Penalties for a DUI in Garden Grove
Garden Grove, CA, DUI criminal penalties are intimidating – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be facing, depending on the allegations you're facing:
| 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 |
On top of whatever sentence you receive in Garden Grove court, you have to endure several collateral consequences, such as elevated insurance costs and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be devastating. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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 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 you're a United States immigrant facing a DUI, you need to stay in the country and contact a Garden Grove, CA, immigration lawyer immediately. 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 with alternatives to criminal sentencing, fight to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. A Garden Grove, CA, DUI defense attorney can help you out here, too, and give you a path to clean your record.
Top DUI Defense Attorneys in Garden Grove: What You Need to Know
Defending yourself against a DUI in Garden Grove? It's essential to pick the right lawyer to defend your innocence. Your team needs the proficiency, background, and relationships to give you opportunities for a positive outcome for your case. The top Garden Grove, CA, DUI defense attorneys will have all of the following:
- Experience: If it's both for and against the state, even better. 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 handling cases.
- Availability: You should be able to get help fast, whenever you need it. Our offices are always available if you need to talk 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Garden Grove and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. 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 in Garden Grove
Criminal and administrative, whatever type of DUI charges you're fighting in Garden Grove, CA – our DUI defense team is prepared help you navigate the charges.
Below are some of the DUI allegations we regularly 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 Garden Grove, CA
If you want to craft an effective defense strategy, our Garden Grove, 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 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 is a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
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 potential procedural errors, 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 'one-leg stand,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. An experienced Garden Grove, CA, DUI attorney will know how to dissect any records and look for expert analysis that will show your performance in a more favorable light.
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 properly conducted BAC tests are hard to disprove, you do still have viable defense strategies. 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 – Talk To Our Garden Grove DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Garden Grove, CA, it can feel like you don't even have time to think. Your license disappears, a law enforcement official might be asking you hard questions, you're informed of a court date…it's easy to be lost. What you need to do is speak to a lawyer immediately.
Don't give the state a chance to put you behind bars. Don't let your license go without a fight. 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 Garden Grove, CA DUI charges. We're available to help immediately and will can fight for your license and searching for positive outcomes now. Call us now at (800) 755-5174 or let us know what you need online for a free consultation.
We also provide the following legal services in Garden Grove, CA:
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