DUI Lawyer La Habra. If you're up against a DUI in La Habra, it can feel overwhelming. You're being accused of a crime; you're up against thousand dollar fines, years in jail, and more. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and the consequences you face might be even worse than a DUI conviction. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you don't want to be alone. Trying to stand up for yourself against the prosecution 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 best DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of veteran defense attorneys who know how to protect you in the La Habra, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
Don't wait and let your chance slip away. Speak with one of our attorneys right away at (800) 755-5174 or contact us online to start preparing your case's 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. Here are four tips from a La Habra, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. 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
You never need to answer a question that might incriminate you. You have Fifth Amendment protections at all points in the legal process. Call your DUI lawyer and stay quiet until they arrive.
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. 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: Be Polite and Don't Argue
Acting belligerent and uncooperative won't improve your case — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in La Habra?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, often using field sobriety tests, then make judgements based on how you do.
If you've been placed under arrest, the CA legal system will proceed with 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 go into effect at the time of the arrest – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, they are providing a record of the arrest to the La Habra, CA, DMV, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will attend a hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your La Habra DUI defense expert will laying the groundwork of your defense through motions to dismiss charges, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will contact the La Habra prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be crafting a 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 how your case turns out, 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 help you with any step of the legal process, on both the criminal defense and bureaucratic side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!
DUIs in La Habra, CA and Criminal Cases vs. DMV Hearings
La Habra, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the administrative case. These will never be handled in the same hearing, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and our process for defending your freedom and ability to drive:
La Habra, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to La Habra, CA, court.
Your DUI case will typically go through the same process as any other criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we provide expert defense and fight against the accusations. We'll debate the legality of the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and look for evidence that can show you are not guilty.
With our defense strategies, we are almost always successful at protecting our La Habra, CA, clients from jail time. For many clients, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
La Habra, 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.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the hearing is to determine if you were rightfully 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 hire us, we'll argue over 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 a second chance to request that hearing. This is why it's critical to contact a La Habra DUI defense lawyer 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 – 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.
Here's an outline of the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| 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 |
Beyond any sentence that a judge in La Habra, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates and impacts on your employment.
DUIs and Immigration
DUI immigration consequences are very serious. On the bright side, most first-time DUIs at this time will not result in deportation. 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. For immigrants seeking citizenship, even if you aren't deported, it hurts your application process.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a La Habra, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll want to get back to life as normal, before the charges. You'll find, though, that 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 La Habra, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in La Habra: What You Need to Know
Up against DUI charges? It's critical to pick the right lawyer to take your case. Your team needs the abilities, background, and contacts to provide the optimal outcome for your case. When you speak with La Habra, CA, DUI attorneys about your case, ask them about the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and law enforcement, totalling over five decades 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: You need connections to get a good plea deal. Our team will leverage our connections with the prosecutors in La Habra 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: 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 Take On in La Habra
It doesn't matter what kind of DUI you're facing in La Habra, CA – our DUI defense lawyers are prepared to battle against the charges.
Below, you can review a list 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 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 Tactics in La Habra, CA
If you want to craft an effective defense strategy, our La Habra, CA, DUI lawyers are here to help. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legality of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can challenge the evidence, and even the legitimacy of the case itself. This defense is a good option if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in Chemical Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will investigate whether or not the procedure was followed when administering the tests, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. 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
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. This may sound bad, but you do still have viable defense strategies. 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.
Timing is Critical – Talk To 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. The police officer takes your license, you might be interrogated, you're told you have a court date…it's easy to feel like there's no way forward. To fight through the allegations, your first step is to call aLa Habra, CA, DUI lawyer immediately.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all La Habra, CA DUI charges. We're available to help now and will begin protecting your license and searching for positive outcomes as soon as you call. Speak with a lawyer now at (800) 755-5174 or fill out our contact form online for a no-obligation consultation.
We also provide the following legal services in La Habra, CA:
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