DUI Lawyer Hayward, CA

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DUI Lawyer Hayward. If convicted, a DUI can permanently change your life for the worse. Besides losing your license, there's a lot at stake; criminal charges can result in prison, fines, and additional harsh penalties. You can face DUI charges even for just refusing to take the tests, and in some cases, refusing can give you even worse penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.

If you're facing these types of charges in CA, you shouldn't need to do this without help. 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 Hayward, CA.

We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you hire us, you're getting a team of former prosecutors who know how to operate the Hayward, CA, justice system and get you the best outcome possible.

If you wait too long to build a defense, it could become too late. Call now at (800) 755-5174 or tell us how we can help online to start crafting your defense today.

Hayward, CA, DUI Lawyer Traffic Stop Tips:

Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Hayward, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:

Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. When you're already prepared to give them to the officer, you avoid that risk.

Tip #2: Be Silent When 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 at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.

Tip #3: Don't Automatically Consent to Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are 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: Don't Argue With the Officer
Resisting the police won't improve your case — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may come back up later in court.

What Happens After a DUI Arrest in Hayward?

California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often via field sobriety tests, then make judgements based on that.

Once you've been arrested, 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:

1. Suspension: Your license suspension effective immediately after your arrest – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. While you're processing this, the police are contacting the DMV about your DUI arrest, at which point, you're officially facing a license suspension.
2. Arraignment: Before you are released, you will go to court, and a prosecutor will list out the laws you're accused of breaking.
3. DMV Hearing: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
4. Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Meanwhile, your Hayward DUI defense attorney will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
5. Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will bargain with the Hayward prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if it does go to trial, your attorney should be crafting a strategy now.
6. Criminal Trial: It's rare that a DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
7. Sentencing/Sealing: Depending on how your case turns out, you may face some form of sentence. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.

Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. If you need help today, the Law Offices of David S. Chesley are here for you!

Defending Against Hayward DUIs: Criminal Cases vs. DMV Hearings

Hayward, CA, DUI charges are always a two-pronged challenge: 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 important factors for both case types, and our process for defending your freedom and vehicular rights:

Hayward, 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.

Criminal cases, including DUIs, all follow the same basic process – 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 build your defense and discredit the criminal accusations. We'll debate the legality 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 look for evidence that can result in a not guilty plea.

We know what it takes to keep DUI defense clients out of jail in Hayward, CA. For several cases, we'll contact the district attorney on their behalf and negotiate a charge reduction, 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.

Hayward, 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 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, 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 lawfully 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. 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 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 a second chance to arrange for that hearing. This is why it's essential to contact a Hayward DUI defense lawyer without delay after the traffic stop.

Hayward DUI Sentences and Consequences

Hayward, CA, DUI criminal penalties can be harsh – while many are 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 facing, depending on the allegations you're facing:

Beyond any sentence that a judge in Hayward, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates and barriers between you and professional licenses.

DUIs and Immigration

DUI immigration consequences are very 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 conviction will qualify an immigrant for deportation. For immigrants seeking citizenship, even if you aren't deported, it can set your efforts back by several years.

These accusations can be intimidating, but they are not the end. Your Hayward, CA, immigration lawyer can give you practical advice on what comes next. 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 can protect you from a conviction, fight against removal proceedings, 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 keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Hayward, CA, our DUI lawyers will also fight to protect you in this way, and give you a way to clean your record.

How to Pick the Right DUI Defense Lawyer

No matter what DUI allegations you've been charged with, it's essential to pick the right lawyer to defend your innocence. Your team needs the expertise, preparation, and connections to offer the best possible outcome for your case. When you speak with Hayward, CA, DUI attorneys about your case, ask them about the following:

1. Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and law enforcement, totalling over five decades of experience handling cases.
2. Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. You can get a hold of us 24/7.
3. Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our firm has experience working with the prosecutors in Hayward and all throughout CA.
4. 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.
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 Defend Against in Hayward

Whatever type of DUI charge you need help with in Hayward, CA – our DUI defense attorneys are prepared help you navigate the charges.

Here is a list of the DUI case types we typically defend:

DUI Defense Tactics in Hayward, CA

If you want to craft an effective defense strategy, our Hayward, CA, DUI lawyers are here to help. While there are many effective legal strategies available, picking the right one can make all the difference.

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, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.

Flaws in Blood, Breath, and/or Urine Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. We will investigate any possible errors that were made when you took the test, introduce alternative evidence when possible, and find any other mistakes law enforcement made that could exonerate you.

Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. Our attorneys will review the footage and show whether or not you were fairly judged.

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 this is can be difficult to overcome, you do still have viable defense strategies. 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 Rapid Assistance – Call Our Hayward DUI Defense Attorneys TODAY

If you've been arrested or accused of a DUI in Hayward, CA, it feels like there's no space to breathe. Your license is suspended, there could be interrogations, you're informed of a court date…it's easy to be out of control. Your path forward begins when you speak to a lawyer right away.

Don't give up and let the district attorney win. Don't lose your license because you missed the DMV hearing window. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to fight for you.

We're experts at defending all Hayward, CA DUI charges. We're ready to take on your case right now and will begin protecting your license and keep you out of jail immediately. Call us now at (800) 755-5174 or tell us about your case online for a no-obligation case review.

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

• Criminal Defense Lawyer