DUI Lawyer Huntington Beach. DUI law in Huntington Beach is complex. You're not just facing the loss of your license; you're also facing jail time, fines, and other penalties. California law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you've been accused of a DUI in Huntington Beach, CA, you don't want to be alone. Trying to defeat the allegations is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's top 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 navigate the Huntington Beach, CA, justice system and find the best result for your case.
Don't wait and let your chance slip away. Speak with one of our attorneys right away at (800) 755-5174 or tell us how we can help online to start putting together your case's defense today.
Huntington Beach, 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. Here are four tips from a Huntington Beach, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
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. By following this tip, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent during the entirety of your interactions with the law. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. If you haven't been arrested, you can decline to participate. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Be Polite and Don't Argue
Resisting the police won't help — it will come back to bite you. This isn't just something you're doing out of courtesy, though; it also helps 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 Huntington Beach?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, likely through field sobriety tests, then make arrests based on their evaluation of you.
Right after your arrest, 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 go into effect at the time of the arrest – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, the police are updating your records with the DMV to account for the arrest, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will inform you of the charges against you.
- DMV Hearing: As soon as you're released from jail, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your Huntington Beach DUI defense lawyer will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Huntington Beach district attorney to try and secure a favorable deal before a trial. But if you end up on trial in front of a judge, your attorney should be building a defense now.
- Criminal Trial: Your case probably will not go to trial, but we're prepared to defend your license and freedom if it does.
- 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, you can explore record clearing options with our lawyers.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and bureaucratic side. No matter where you are in your case, the Law Offices of David S. Chesley are here for you!
Defending Against Huntington Beach DUIs: Criminal Cases vs. DMV Hearings
Huntington Beach, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and insights into how we protect your justice and ability to drive:
Huntington Beach, 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 Huntington Beach, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we build your defense and fight against the allegations. We'll question whether or not the traffic stop was legitimate, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and see if there's anything the police missed that can result in a not guilty plea.
If you're facing jail time in Huntington Beach, CA, our attorneys can help you avoid it. 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 argue for probation to maintain your freedom.
Huntington Beach, CA, DUI License Suspension
On the other side of a Huntington Beach DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
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 entire DMV hearing is about 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 question 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, you're out of options. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's crucial to contact a Huntington Beach DUI defense attorney without delay after the traffic stop.
Potential Penalties for a DUI in Huntington Beach
Huntington Beach, CA, DUI criminal penalties can be harsh – while some are 'just' 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 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 |
Beyond any sentence that a judge in Huntington Beach, CA, sentences you to, you also need to worry about 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 the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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. If you are trying to become an American citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Huntington Beach, CA, immigration lawyer can help you navigate the situation. 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 to protect your record, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll probably be looking to move on as soon as possible. However, 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 Huntington Beach, CA, DUI defense attorney can help you out here, too, 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 critical to pick the right lawyer to take your case. Your team needs the expertise, background, and contacts to give you opportunities for a positive outcome for your case. When looking for a DUI defense lawyer in Huntington Beach, CA, look for these signs:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and law enforcement, totalling more than 50 years of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. You can speak with one of our team members 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our team will leverage our connections with the prosecutors in Huntington Beach and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- 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. If you're ready to join our list of successes, call now.
DUI Case Types We Defend Against in Huntington Beach
Administrative, criminal, or anything else related to DUIs in Huntington Beach, CA – our DUI defense attorneys are prepared help you navigate the charges.
Here are some of the DUI cases we often defend:
- 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 Huntington Beach, CA
Every DUI case needs a defensive strategy, and our Huntington Beach, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, you might be able to secure a dismissal of the charges. This defense is a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical Tests
Many DUI cases center around a blood-alcohol content test. Our team will highlight the ways that these tests can give false readings, 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 a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and provide additional context for your performance, such as the stress of the situation.
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 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.
Start Your Defense Today – Speak With Our Huntington Beach DUI Defense Attorneys NOW
After a DUI arrest, it feels like there's no space to breathe. You lose your license, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to be overwhelmed. In order to find a way out of all that, you need to contact a DUI defense lawyer now.
Don't wait for the prosecution to build a case against you. Don't lose your license because you missed the DMV hearing window. 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 Huntington Beach, CA DUI charges. We're ready to take on your case immediately and will begin protecting your license and your rights immediately. Reach out to us now at (800) 755-5174 or tell us about your case online for a no strings attached consultation.
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