DUI Lawyer Hawthorne. The consequences of a DUI can be devastating. This isn't just an administrative issue; you're also facing jail time, fines, and other penalties. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you're facing these types of charges in CA, you need someone in your corner. Trying to defeat the allegations is a fight that you need a team for, which is why the Law Offices of David S. Chesley is just a call away in Hawthorne, CA.
We are California's top DUI defense lawyers and have over 50 years of combined courtroom experience. When you hire us, you're getting a team of DUI defense experts who know how to fight for you in the Hawthorne, CA, legal system and find the best result for your case.
Acting fast is key to protecting your freedom and license. Talk to a lawyer today at (800) 755-5174 or send us a note online to start constructing your case's defense today.
Hawthorne, 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. Here are four tips from a Hawthorne, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Be Prepared With Your Documents
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections both before and after an arrest. Call your DUI lawyer and stay quiet until they arrive.
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. If you haven't been arrested, you can decline to participate. 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 help — it will likely be something you regret. This isn't just something you're doing out of courtesy, though; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Hawthorne?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't undergo any tests at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, likely through field sobriety tests, then make judgements based on how you do.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension effective immediately after your arrest – right away, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, the police are providing a record of the arrest to the Hawthorne, CA, DMV, beginning the formal suspension.
- Arraignment: While under arrest, you will attend a hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: As soon as you're released from jail, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Hawthorne DUI defense expert will file motions to strengthen your defense, such as ones 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 speak with the Hawthorne prosecutor to avoid a trial with a plea deal that protects you. But if the case goes to trial, 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 just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case proceeds, you may face consequences. 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 bureaucratic side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), give us a call so that we can help!
DUIs in Hawthorne, CA and Criminal Cases vs. DMV Hearings
Hawthorne, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the DMV case. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and how we fight to protect your justice and ability to drive:
Hawthorne, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
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 provide expert defense and fight against the criminal accusations. We'll deconstruct the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can show you are not guilty.
If you're facing jail time in Hawthorne, 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 work out probation over jail or prison time.
Hawthorne, CA, DUI License Suspension
While your Hawthorne criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the hearing is to determine if you were rightfully 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. These hearings have serious consequences that require an expert Hawthorne, CA, DUI lawyer to navigate. At the hearing, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, the suspension is probably hear to stay. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's vital to contact a Hawthorne DUI defense attorney as soon as you can after being arrested.
Punishments After a DUI Conviction in Hawthorne, CA
Hawthorne, CA, DUI criminal penalties can leave a mark on your record for life – even for the ones considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be facing, 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 |
In addition to any criminal sentence in Hawthorne, CA, you're also facing collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 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 will be put on the same level as serious felonies when it comes to immigration consequenceses. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Hawthorne, CA, immigration lawyer can help you navigate the situation. 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 to protect your record, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, it might be possible to either expunge or seal your records. A Hawthorne, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
When You're Picking a Hawthorne, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Hawthorne? It's critical to pick the right lawyer to represent you. Your team needs the skills, background, and connections to provide the optimal outcome for your case. When you speak with Hawthorne, CA, DUI attorneys about your case, ask them about the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police officers, totalling over 50 years of experience with the law.
- Availability: DUI allegations can happen any time, day or night. Our lines are never off, and you can contact us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We know how to connect with the prosecutors in Hawthorne and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. We're ready to add you to our list of success stories.
DUI Case Types We Defend Against in Hawthorne
Whatever type of DUI charge you need help with in Hawthorne, CA – our DUI defense attorneys are prepared help you navigate the charges.
Below, you can review a list of the DUI cases 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 Hawthorne, CA
Every DUI case needs a defensive strategy, and our Hawthorne, CA DUI defense lawyers are here to help you find the right one. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, you might be able to secure a dismissal of the charges. This defense is effective if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With Chemical 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 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 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. Our attorneys will review the footage and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. This may sound bad, but we won't give up yet. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Get Immediate Help – Call Our Hawthorne DUI Defense Attorneys AS SOON AS POSSIBLE
DUI allegations are no joke. After you've been charged, things move pretty fast. The police officer takes your license, a law enforcement official might be asking you hard questions, you get a court date…it's easy to be lost. With everything going on, your best way out is to speak to aHawthorne, CA, DUI lawyer now.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Hawthorne, CA DUI charges. We're equipped with the tools to build your case fast and will start protecting your driving privileges and your liberty right away. Call us now at (800) 755-5174 or let us know what you need online for a confidential case review.
We also provide the following legal services in Hawthorne, CA:
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