DUI Lawyer Irvine. If you're up against a DUI in Irvine, it can feel overwhelming. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If the Irvine, CA, district attorney is coming after you, you don't want to be alone. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is available to protect you in Irvine.
We are California's premier DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you retain us, you're getting a team of former prosecutors who know how to navigate the Irvine, CA, justice system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Speak with one of our attorneys as soon as possible at (800) 755-5174 or tell us how we can help online to start putting together your defense strategy today.
Irvine, 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. Here are four tips from a Irvine, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Automatically Consent to Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you are on probation. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Be Polite and Don't Argue
Being rude won't help — it can end up making your case harder to defend. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Irvine?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't blow at all. The police can use other methods to determine whether or not you were safe to drive, probably using field sobriety tests, then decide whether or not to arrest you based on how you do.
As soon as you're 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:
- Suspension: Your license suspension effective immediately after your arrest – when arrested, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're processing this, they are providing a record of the arrest to the Irvine, CA, DMV, officially suspending your license.
- Arraignment: At some point when you're in jail, you will attend a hearing, 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 start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the meantime, your Irvine DUI defense lawyer will be filing motions, including motions to review the arrest footage, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will contact the Irvine prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if the prosecutor won't give you a favorable offer, your attorney should be crafting a strategy now.
- Criminal Trial: Only a small percentage of DUI charges 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 sanctions. 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 out, no matter where you are in the process, on both the criminal defense and DMV side. No matter where you are in your case, you can start with a call to our offices!
DUIs in Irvine, CA and Criminal Cases vs. DMV Hearings
Irvine, CA, DUI charges include two separate fights: The criminal case and the driver's case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are important factors for both case types, and what our attorneys will do for your freedom and driving privileges:
Irvine, 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.
Your DUI case will typically go through the same process as any other criminal charge – 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 listen to your side of the story and discredit the accusations. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for weaknesses in the breathalyzer test, and look for evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in Irvine do not receive any jail sentence. In many cases, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Irvine, 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 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 rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. When you work with a Irvine, CA, DUI lawyer from our firm, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's vital to contact a Irvine DUI defense lawyer as soon as you can after being arrested.
DUI Punishments in Irvine
Irvine, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be up against, depending on the nature of the allegations:
| 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 |
On top of whatever sentence you receive in Irvine court, you have to endure several collateral consequences, such as rising insurance rates and impacts on your employment.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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 you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Irvine, CA, immigration lawyer. 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 with alternatives to criminal sentencing, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Irvine, CA, DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
Important Qualities You Need in a Irvine, CA DUI Attorney
When you're facing DUI charges, it's imperative to pick the right lawyer to take your case. Your team needs the talent, history, and relationships to provide the optimal outcome for your case. Here are the main things to look for in your Irvine, CA, DUI defense lawyer:
- 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 police, totalling over five decades of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. 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. Our team will leverage our connections with the prosecutors in Irvine 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: Winners win. It's as simple as that. And we win, a lot. 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 Take On in Irvine
Whatever DUI charge you're up against in Irvine, CA – our DUI defense attorneys are prepared help you navigate the charges.
Here are some of the DUI allegations we frequently 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 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 Strategies in Irvine, CA
When you work with the Law Offices of David S. Chesley, your Irvine, CA, DUI attorney will draw from years of experience with effective defense strategies. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legitimacy of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, we can argue for your case to be dismissed. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With BAC Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team will investigate whether or not the procedure was followed when administering the tests, introduce alternative evidence when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. Even though this is harder to fight, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Immediate Help – Contact Our Irvine DUI Defense Lawyers NOW
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. You can't drive anymore, there could be interrogations, you're informed of a court date…it's easy to feel lost. And that's why it's all the more important to contact an attorney immediately.
Don't give the state a chance to put you behind bars. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Irvine, CA DUI charges. We're equipped with the tools to build your case now and will can fight for your license and your freedom right away. Talk with one of us now at (800) 755-5174 or get in touch online for a free, confidential consultation.
We also provide the following legal services in Irvine, CA:
Payment Plans
