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. CA law also prohibits you from refusing to take a DUI test, and in some cases, refusing can give you even worse penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you're facing these types of charges in CA, you don't want to be alone. Trying to fight against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is here to defend you.
We are CA's leading DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of former prosecutors who know how to navigate the Irvine, CA, legal system and get you the best outcome possible.
Take too long to start your defense, and you could miss your chance. Get a hold of us right away at (800) 755-5174 or contact us online to start preparing your defense strategy today.
What Happens After a DUI Arrest in Irvine?
CA DUI Law allows an officer to arrest you even if you blow below the legal limit, or if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, often utilizing field sobriety tests, then make arrests based on that.
Once this happens, 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 can start the minute the officer arrests you – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. Meanwhile, they are providing a record of the arrest to the CA DMV, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: As soon as you're released from jail, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Meanwhile, your Irvine DUI defense attorney will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will communicate with the Irvine prosecutor to find a plea deal that minimizes penalties for you. But if it does go to trial, 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 penalties. 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 help you with any step of the legal process, on both the criminal defense and administrative side. For advice on any stage with your charges, call now and we'll be happy to assist!
Irvine DUI: Fighting Criminal Cases vs. DMV Hearings
Irvine, CA, DUI charges include two separate fights: The criminal case and the administrative case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are the key things to be aware of for each, and how we fight to protect 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.
The general court process is the same as any other criminal case – 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, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can result in a not guilty plea.
The vast majority of our DUI clients in Irvine do not receive any jail sentence. In many cases, we'll negotiate a plea deal to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoavoid jail time with a probation sentence.
Irvine, CA, DUI License Suspension
On the other side of a Irvine DUI charge is the DMV and your license suspension. This suspension is automatically applied, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. 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 rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to BAC tests, whether or not you were properly informed of the consequences. When you work with us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's critical to contact a Irvine DUI defense attorney as soon as you can after an arrest.
Potential Penalties for a DUI in Irvine
CA DUI criminal penalties are intimidating – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be up 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 the Irvine, CA legal sentence collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.
After the Case: Expungement/Sealing
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. A DUI defense attorney can help you out here, too, and give you a chance to clean your record.
Top DUI Defense Attorneys in Irvine: What You Need to Know
Up against DUI charges? It's crucial to pick the right lawyer to defend you. Your team needs the abilities, history, and connections to secure a positive outcome for your case. When looking for a DUI defense lawyer in Irvine, 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, several of our members are former judges, prosecutors, and police, totalling more than 50 years of experience.
- Availability: So that you can get help right away when you need it. Our team is prepared to help you 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our firm has experience working with the prosecutors in Irvine and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. 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 Irvine
Criminal and administrative, whatever type of DUI charges you're fighting in Irvine, CA – our DUI defense team is prepared to battle against the charges.
Here is a list of the DUI case types 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
Don't Wait – Call Our Irvine DUI Defense Attorneys NOW
After a DUI arrest, you'll hardly get a chance to catch your breath. You lose your license, there could be interrogations, you're told you have a court date…it's easy to feel out of control. With everything going on, your best way out is to hire an attorney immediately.
Don't sit by and watch the evidence mount against you. 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 defend you.
We're experts at defending all Irvine, CA DUI charges. We're prepared to start building your defense right now and will start safeguarding your license and your freedom immediately. Call us now at (800) 755-5174 or tell us about your case online for a confidential consultation.
We also provide the following legal services in Irvine, CA:
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