DUI Lawyer Gardena. The consequences of a DUI can be devastating. This isn't just an administrative issue; if you're facing years in prison for a repeat offense, your car is the least of your worries. 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 while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
When you're up against the CA legal system, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a fight that you need a team for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Gardena, CA.
We are California's best DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of legal experts who know how to protect you in the Gardena, CA, justice system and will always be honest with you about the state of your case and the best path forward.
While you're hesitating, the odds are stacking up against you. Get in touch anytime, day or night, at (800) 755-5174 or tell us about your charges online to start crafting your defense today.
Gardena, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Gardena, 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. 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 stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Don't Automatically Consent to Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. The officer may not like it, but they can't compel you to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Treat the Officer Respectfully
Resisting the police won't improve your case — it will come back to bite you. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Gardena?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, likely with field sobriety tests, then make judgements based on the results.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and the police will take away your existing license. While you're proceeding through the system, they are contacting the DMV about your DUI arrest, beginning the formal suspension.
- Arraignment: While under arrest, you will attend a hearing, 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 set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Most people accused of DUIs in Gardena, CA, are able to secure pretrial release, although they'll likely need to pay bail. Between your potential release and the trial, your Gardena DUI defense expert will building the framework of your defense and filing motions to throw out illegal evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will bargain with the Gardena prosecutor to try and secure a favorable deal before a trial. But if the prosecutor won't give you a favorable offer, your attorney should be crafting a strategy now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we don't count on that possibility and will be ready if it does.
- 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, we may be able to help you clean your record.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and driver's license side. For advice on any stage with your charges, our team has the knowledge to guide you forward!
DUIs in Gardena, CA and Criminal Cases vs. DMV Hearings
Gardena, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and what our attorneys will do for your justice and driving privileges:
Gardena, 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 Gardena, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we defend your freedom and attack the accusations. We'll question whether or not the traffic stop was legitimate, argue against he officer's observations, look for faults in laboratory examinations, and see if there's anything the police missed that can exonerate you.
If you're facing jail time in Gardena, CA, our attorneys can help you avoid it. For many clients, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Gardena, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the focus of this hearing is whether or not you were legitimately 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 hire us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get an extra chance to set up that hearing. This is why it's crucial to contact a Gardena DUI defense attorney as soon as you can after an arrest.
Gardena DUI Sentences and Consequences
Gardena, CA, DUI criminal penalties can permanently affect your life – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be up against, depending on the nature of the allegations:
| 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 |
You'll also be facing significant collateral consequences, such as increased insurance premiums and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. On the bright side, most first-time DUIs at this time will not result in deportation. 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 can result in removal from the country. If you are currently applying to become a U.S. citizen, 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 Gardena, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs and plea deals that can keep a DUI off your record, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whatever happens in the court case, you're liking looking forward to putting this all behind you. Unfortunately, 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. Fortunately, if you're in Gardena, CA, our DUI lawyers will also fight to protect you in this way, and give you a path to clean your record.
Top DUI Defense Attorneys in Gardena: What You Need to Know
Defending yourself against a DUI in Gardena? It's important to pick the right lawyer to take your case. Your team needs the proficiency, history, and relationships to find the best outcome for your case. Here are the main things to look for in your Gardena, CA, DUI defense lawyer:
- 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, district attorneys, and law enforcement, totalling over five decades of experience with the law.
- Availability: DUI allegations can happen any time, day or night. You can get a hold of us 24/7.
- Relationships: You need connections to get a good plea deal. We know how to connect with the prosecutors in Gardena and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Take On in Gardena
Whatever type of DUI charge you need help with in Gardena, CA – our DUI defense lawyers are prepared to defend you against the charges.
Below are some 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 Gardena, CA
If you want to craft an effective defense strategy, our Gardena, 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 law enforcement made a mistake while conducting their investigation, your case could be thrown out on legal grounds. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will highlight the ways that these tests can give false readings, push for tests to be redone, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' 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. An experienced Gardena, 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
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. This may sound bad, but our lawyers have more defense strategies we can pull from. 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.
Get Immediate Help – Call Our Gardena DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Gardena, CA, it can be a whirlwind of legal processes. Your license disappears, you could find yourself in an interrogation room, you're told you have a court date…it's easy to be like there's no way forward. What you need to do is get in touch with a DUI defense attorney right away.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Gardena, CA DUI charges. We're standing by to answer your call right now and will start safeguarding your license and your liberty now. Call us now at (800) 755-5174 or get in touch online for a no-obligation case review.
We also provide the following legal services in Gardena, CA:
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