DUI Lawyer Highland. Highland DUI charges are very serious. You're being accused of a crime; if you're facing years in prison for a repeat offense, your car is the least of your worries. 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 fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
When you're up against the CA legal system, you don't want to be alone. 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 available to protect you in Highland.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you retain us, you're getting a team of accomplished defense attorneys who know how to protect you in the Highland, CA, court system and get you the best outcome possible.
Take too long to start your defense, and you could miss your chance. Call now at (800) 755-5174 or tell us about your charges online to start crafting your defense today.
Highland, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Highland, 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. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you stop yourself from appearing inebriated.
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 during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it will make things worse. This doesn't just help you get through the traffic stop; it also aids 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 Highland?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically utilizing field sobriety tests, then make judgements based on that.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can begin as soon as you're arrested – you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). In the meantime, they are updating your records with the DMV to account for the arrest, which updates their records to show your license as suspended.
- Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: As soon as you're released from jail, 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: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Between your potential release and the trial, your Highland DUI defense lawyer will building the framework of your defense and filing motions to suppress unlawfully collected evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will communicate with the Highland prosecutor to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how your case turns out, you may face consequences. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and driver's license side. Whatever stage in the process you're at, our team has the knowledge to guide you forward!
Highland DUI Allegations and Criminal Cases vs. DMV Hearings
Highland, CA, DUI charges include two separate fights: The criminal case and the administrative case. In CA, these are always two separate processes, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are things to watch out for with both cases, and ways we defend your liberty and ability to drive:
Highland, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
The general court process is the same as any other criminal case – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we craft a staunch defense and dissect the criminal accusations. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and hunt for other evidence that can result in a not guilty plea.
With our defense strategies, we are almost always successful at protecting our Highland, CA, clients from jail time. 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.
Highland, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, this administrative hearing is focused on if you were lawfully 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. When you work with a Highland, CA, DUI lawyer from our firm, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, the suspension is probably hear to stay. Outside of rare cases, you don't get an extra chance to arrange for that hearing. This is why it's crucial to contact a Highland DUI defense lawyer without delay after the traffic stop.
Sentence You Could Face for a DUI in Highland, CA
Highland, CA, DUI criminal penalties are intimidating – though you could 'only' be facing misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be looking to avoid, depending on the circumstances of the alleged offense:
| Formal DUI 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 Highland court, you have to endure several collateral consequences, such as rising insurance rates and career setbacks.
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 certain circumstances apply, like DUIs causing injury or repeat offenses, 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 individuals working on the naturalization process, even if you aren't deported, it hurts your application process.
If any of the above situations apply to you, don't panic: Call one of our Highland, CA, immigration lawyers to get immediate help. 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, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Highland, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Highland? It's critical to pick the right lawyer to fight for you. Your team needs the abilities, background, and contacts to offer the best possible outcome for your case. When you speak with Highland, CA, DUI attorneys about your case, ask them about the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and law enforcement, totalling more than 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: An attorney who knows the local prosecutor can use that relationship to their advantage. We have experience working with the prosecutors in Highland and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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: 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. And we'd be proud to represent you as well.
DUI Case Types We Defend Against in Highland
It doesn't matter what kind of DUI you're facing in Highland, CA – your DUI defense lawyer from our team prepared to defend you against the charges.
Here are some of the DUI cases we can provide defenses for:
- 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 Tactics in Highland, CA
Whatever type of charge you're facing, our Highland, CA, DUI attorneys can help you fight it. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Contest the Legitimacy of the Arrest
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 relevant 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 BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will investigate whether or not the procedure was followed when administering the tests, retest in some cases, using a "blood-split" motion, 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 often used by officers to evaluate whether someone is impaired or not. But these tests are subjective. 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
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 .08 or higher. This may sound bad, but we won't give up yet. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Timing is Critical – Talk To Our Highland DUI Defense Attorneys NOW
After a DUI arrest, it can feel like you don't even have time to think. Your license is suspended, a law enforcement official might be asking you hard questions, you're given a court date…it's easy to be stressed out. And that's why it's all the more important to speak to a DUI defense attorney as soon as possible.
Don't let the state decide how your case will go. Don't lose your ability to drive without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Highland, CA DUI charges. We're prepared to start building your defense right now and will start protecting your driving privileges and your rights immediately. Call us now at (800) 755-5174 or tell us about your charges online for a free case review.
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