DUI Lawyer La Jolla. If you're up against a DUI in La Jolla, it can feel overwhelming. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. CA law also prohibits you from refusing to take a DUI test, and in some cases, refusing can give you even worse penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you find yourself in this situation, you don't want to be alone. Trying to navigate the laws and the courts is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
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 accomplished defense attorneys who know how to protect you in the La Jolla, CA, court system and get you the best outcome possible.
Don't wait and let your chance slip away. Get a hold of us anytime, day or night, at (800) 755-5174 or contact us online to start preparing your defense today.
What Happens After a DUI Arrest in La Jolla?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, or 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, likely utilizing field sobriety tests, then make arrests based on your performance.
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 starts right away, when you're arrested – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, they are contacting the DMV about your DUI arrest, which updates their records to show your license as suspended.
- Arraignment: At some point when you're in jail, you will go to court, 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. In the interim, your La Jolla DUI defense attorney will file pretrial potions, likely including some to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will negotiate with the La Jolla prosecutor to find a plea deal that minimizes penalties for you. But if it does go to trial, your attorney should be preparing now.
- Criminal Trial: It's rare that a DUI case will 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 some form of sentence. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and DMV side. Whatever stage in the process you're at, call now and we'll be happy to assist!
Defending Against La Jolla DUIs: Criminal Cases vs. DMV Hearings
La Jolla, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and insights into how we protect your freedom and license:
La Jolla, 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 – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we defend your freedom and attack the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can result in a not guilty plea.
With our defense strategies, we are almost always successful at protecting our clients from jail time. Frequently, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoargue for probation to maintain your freedom.
La Jolla, CA, DUI License Suspension
While your La Jolla criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, 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, your license can still be suspended even if you do not receive a criminal conviction. 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 to 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 miss that ten-day deadline, though, you're out of luck. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's crucial to contact a La Jolla DUI defense attorney immediately after an arrest.
La Jolla DUI Sentences and Consequences
CA DUI criminal penalties are intimidating – while many are considered misdemeanors, you could still end up with 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 how exactly your charged and your history:
| 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 |
You'll also be facing significant collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.
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. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. 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 an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's important to pick the right lawyer to represent you. Your team needs the expertise, practice, and connections to secure a positive outcome for your case. Here are the main things to look for in your La Jolla, CA, DUI defense lawyer:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and law enforcement, totalling more than 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our team is prepared to help you 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We're familiar with the prosecutors in La Jolla 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: 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. We want you to be our next success story.
DUI Case Types We Defend Against in La Jolla
Criminal and administrative, whatever type of DUI charges you're fighting in La Jolla, CA – our DUI defense attorneys are prepared to defend you against the charges.
Below are some of the DUI case types we typically 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 La Jolla DUI Defense Attorneys NOW
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, there could be interrogations, you're told you have a court date…it's easy to be out of control. And that's why it's all the more important to contact an attorney right away.
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 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 La Jolla, CA DUI charges. We're ready to take on your case now and will begin protecting your license and your rights immediately. Call us now at (800) 755-5174 or get in touch online for a free consultation.
We also provide the following legal services in La Jolla, CA:
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