DUI Lawyer La Habra. If you're up against a DUI in La Habra, it can feel overwhelming. You're not just facing the loss of your license; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you're facing these types of charges in CA, 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 just a call away in La Habra, CA.
We are California's top DUI defense lawyers and have successfully fought countless DUI charges. When you work with us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the La Habra, CA, legal system and will always be honest with you about the state of your case and the best path forward.
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 tell us about your charges online to start crafting your defense today.
La Habra, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a La Habra, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections at all points in the legal process. Don't talk without an attorney present.
Tip #3: Refuse Voluntary 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. The officer may not like it, but they can't compel you to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Treat the Officer Respectfully
Arguing with the officer won't help — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also benefits 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 La Habra?
California DUI Law allows an officer to arrest you without a BAC level over the 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, often utilizing field sobriety tests, then arrest you based on your performance.
Right after your arrest, 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 begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're processing this, they are updating your records with the DMV to account for the arrest, which means your license is officially suspended.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will read out the allegations that you are formally being charged with.
- 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: Most people accused of DUIs in La Habra, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your La Habra DUI defense lawyer will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will communicate with the La Habra district attorney 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 refining a defense strategy now.
- Criminal Trial: Most DUI cases won't 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 the outcome of your case, 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 license side. No matter where you are in your case, you can start with a call to our offices!
DUIs in La Habra, CA and Criminal Cases vs. DMV Hearings
La Habra, CA, DUI charges include two separate fights: The criminal case and the driver's case. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.
Here are things to watch out for with both cases, and how we fight to protect your liberty and vehicular rights:
La Habra, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 listen to your side of the story and push back against the charges. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and search for other witnesses or evidence that can show you are not guilty.
We have an extremely strong track record of clients who have avoided jail time in La Habra, CA. 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 work out probation over jail or prison time.
La Habra, CA, DUI License Suspension
On the other side of a La Habra DUI charge is the DMV and your license suspension. This suspension is automatically applied, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with a La Habra, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you're out of luck. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's vital to contact a La Habra DUI defense attorney promptly after the arrest.
Sentence You Could Face for a DUI in La Habra, CA
La Habra, CA, DUI criminal penalties can leave a mark on your record for life – even for the ones considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be up against, depending on how exactly your charged and your history:
| 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 |
In addition to any criminal sentence in La Habra, CA, you're also facing collateral consequences, such as elevated insurance costs and career setbacks.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 will hurt your application chances, especially for repeat or aggravated offenses.
If any of the above situations apply to you, don't panic: Call one of our La Habra, CA, immigration lawyers to get immediate help. 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 to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A La Habra, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
Important Qualities You Need in a La Habra, CA DUI Attorney
Accused of a DUI in La Habra? It is vital to pick the right lawyer to defend your innocence. Your team needs the abilities, experience, and contacts to secure a positive outcome for your case. When you speak with La Habra, CA, DUI attorneys about your case, ask them about the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police officers, totalling over 50 years of experience handling cases.
- Availability: So that you can get help right away when you need it. We're available 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. We're familiar with the prosecutors in La Habra 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: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 La Habra
Whatever type of DUI charge you need help with in La Habra, CA – your DUI defense lawyer from our team prepared stand by you against the charges.
Below, you can review a list of the DUI cases we regularly 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 La Habra, CA
Every DUI case needs a defensive strategy, and our La Habra, CA DUI defense lawyers are here to help you find the right one. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Contest the Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, we can argue for your case to be dismissed. This defense is effective 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
Many DUI cases center around a blood-alcohol content test. We will look into any potential procedural errors, re-examine the evidence to look for alternate explanations, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' 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, we won't give up yet. 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 Immediate Help – Call Our La Habra DUI Defense Lawyers TODAY
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. Your license is suspended, you could find yourself in an interrogation room, you're told you have a court date…it's easy to be overwhelmed. To fight through the allegations, your first step is to call aLa Habra, CA, DUI lawyer now.
Don't wait for the prosecution to build a case against you. Don't wait too long and lose your driving privileges. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all La Habra, CA DUI charges. We're available to help today and will start safeguarding your license and keep you out of jail immediately. Talk to one of our team members now at (800) 755-5174 or let us know what you need online for a free, confidential consultation.
We also provide the following legal services in La Habra, CA:
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