DUI Lawyer Gardena. The consequences of a DUI can be devastating. 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 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.
If you've been accused of a DUI in Gardena, CA, 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 prepared for any DUI charges in Gardena, CA.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of experienced, high-quality lawyers who know how to defend your rights in the Gardena, CA, judicial system and find the best result for your case.
While you're hesitating, the odds are stacking up against you. Get a hold of us without delay at (800) 755-5174 or send us a note online to start putting together your case's defense today.
Gardena, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but it's still important to know how to handle a traffic stop. Below are four tips from a Gardena, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have the right to remain silent both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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
Acting belligerent and uncooperative 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 aids your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Gardena?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you refuse to be tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely with field sobriety tests, then make judgements based on how you do.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can start the minute the officer arrests you – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, the police are ensuring that the arrest is added to your DMV record, which means your license is officially suspended.
- Arraignment: Sometime after arriving at the police station, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: While all of the criminal proceedings are going on, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your Gardena DUI defense attorney will building the framework of your defense and filing motions to review the arrest footage, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will work directly with the Gardena district attorney 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 if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the outcome of your case, 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 out, no matter where you are in the process, on both the criminal defense and administrative side. Whatever stage in the process you're at, our team has the knowledge to guide you forward!
Gardena, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Gardena, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and our process for defending your liberty 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.
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 attack the supposed wrongdoing. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Gardena, CA. Commonly, 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 work out probation over jail or prison time.
Gardena, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension doesn't wait for your criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. 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 BAC tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's critical to contact a Gardena DUI defense lawyer right away after an arrest.
Potential Penalties for a DUI in Gardena
Gardena, CA, DUI criminal penalties can leave a mark on your record for life – even for the ones considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be fighting against, depending on the circumstances of the alleged offense:
| 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 |
You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 immigrants seeking citizenship, even if you aren't deported, it hurts your application process.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Gardena, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs that will protect you from the harshest outcomes, fight to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you're liking looking forward to putting this all behind you. It doesn't take long to realize, 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 Gardena, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
Top DUI Defense Attorneys in Gardena: What You Need to Know
When you're facing DUI charges, it's vital to pick the right lawyer to defend you. Your team needs the skills, practice, and contacts to give you opportunities for a positive outcome for your case. When evaluating DUI lawyers in Gardena, CA, you want to judge 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 over 50 years of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can speak with one of our team members 24/7.
- Relationships: You need connections to get a good plea deal. Our team will leverage our connections with the prosecutors in Gardena and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- 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 Fight in Gardena
Whatever DUI charge you're up against in Gardena, CA – the Law Offices of David S. Chesley is prepared to battle against the charges.
Here are some of the DUI charges 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 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 Gardena, CA
Whatever type of charge you're facing, our Gardena, CA, DUI attorneys can help you fight it. 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 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 did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With Blood, Breath, and/or Urine 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 look into any issues with how the equipment was stored or used, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, we won't give up yet. We can examine your diet and medical conditions to find alternative explanations.
Timing is Critical – Call Our Gardena DUI Defense Attorneys AS SOON AS POSSIBLE
If you've been arrested or accused of a DUI in Gardena, CA, it can be a whirlwind of legal processes. You lose your license, you could find yourself in an interrogation room, you get a court date…it's easy to be lost. What you need to do is speak to aGardena, CA, DUI attorney immediately.
Don't give up and let the district attorney win. Don't lose your license because you missed the DMV hearing window. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Gardena, CA DUI charges. We're equipped with the tools to build your case immediately and will start safeguarding your license and your freedom today. Speak with a lawyer now at (800) 755-5174 or set up an appointment online for a confidential case review.
We also provide the following legal services in Gardena, CA:
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