DUI Lawyer Lakewood. The consequences of a DUI can be devastating. This isn't just an administrative issue; if you're facing years in prison for a repeat offense, your car is the least of your worries. You can face DUI charges even for just refusing to take the tests, and in some cases, refusing can give you even worse penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If the Lakewood, CA, district attorney is coming after you, you need someone in your corner. Trying to navigate the laws and the courts is a fight that you need a team for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's top DUI defense lawyers and have over 50 years of combined courtroom experience. When you hire us, you're getting a team of legal experts who know how to protect you in the Lakewood, CA, court 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 as soon as possible at (800) 755-5174 or contact us online to start building your case's defense today.
Lakewood, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but it's still important to know how to handle a traffic stop. Below are four tips from a Lakewood, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you already have them ready, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent during any form of questioning. Don't talk without an attorney present.
Tip #3: Don't Automatically Consent to Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or 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, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Be Polite and Don't Argue
Resisting the police won't help — it will increase your chances of getting in trouble. 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 can be used against you.
What Happens After a DUI Arrest in Lakewood?
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. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, typically with field sobriety tests, then decide whether or not to arrest you based on their evaluation of you.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension starts right away, when you're arrested – right away, you will be given a 30-day, temporary license, while the officer will keep your regular license. In the meantime, they are providing a record of the arrest to the Lakewood, CA, DMV, beginning the formal suspension.
- Arraignment: While under arrest, you will attend a hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: While all of the criminal proceedings are going on, 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. Meanwhile, your Lakewood DUI defense attorney will be filing motions, including motions to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will contact the Lakewood district attorney 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 creating a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how you plea or are found, 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 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, the Law Offices of David S. Chesley are here for you!
Lakewood, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Lakewood, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the DMV case. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and what our attorneys will do for your justice and driving privileges:
Lakewood, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Lakewood, CA, court.
The general court process is the same as any other criminal case – 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 protect your rights and attack the supposed wrongdoing. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, 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 Lakewood, CA, clients from jail time. Often, we'll negotiate a plea deal to reduce 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.
Lakewood, CA, DUI License Suspension
On the other side of a Lakewood DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. 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 to participate in tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Lakewood, CA, DUI lawyer to navigate. At the hearing, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, the suspension is probably hear to stay. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's crucial to contact a Lakewood DUI defense attorney immediately after an arrest.
Lakewood DUI Sentences and Consequences
Lakewood, CA, DUI criminal penalties are intimidating – 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.
On this table, you can review the different penalties you could be fighting against, depending on what your charges are:
| 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 |
On top of whatever sentence you receive in Lakewood court, you have to endure several collateral consequences, such as loss or increased expense of insurance and career setbacks.
DUIs and Immigration
DUI immigration consequences can be devastating. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically result in deportation. 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 Lakewood, CA, immigration lawyer. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs that can protect you from a conviction, represent you at deportation hearings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Our Lakewood, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's vital to pick the right lawyer to represent you. Your team needs the skills, practice, and relationships to give you opportunities for a positive outcome for your case. Here are the main things to look for in your Lakewood, CA, DUI defense lawyer:
- 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, district attorneys, and police officers, totalling over 50 years of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. You can get a hold of us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our firm has experience working with the prosecutors in Lakewood and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Defend in Lakewood
Criminal and administrative, whatever type of DUI charges you're fighting in Lakewood, CA – our DUI defense lawyers are prepared to battle against the charges.
Below, you can review a list of the DUI charges we have experience defending:
- 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 Lakewood, CA
Our Lakewood, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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 Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will look into any potential procedural errors, push for tests to be redone, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But ultimately, these are judgment calls on the part of the officer. We will audit the test records and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. While this is can be difficult to overcome, it's not the end of your case. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Get Rapid Assistance – Call Our Lakewood DUI Defense Lawyers RIGHT AWAY
When you're up against Lakewood DUI charges, it can be a whirlwind of legal processes. You lose your license, you could find yourself in an interrogation room, you're told you have a court date…it's easy to be stressed out. And that's why it's all the more important to speak to aLakewood, CA, DUI attorney as soon as possible.
Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. 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 Lakewood, CA DUI charges. We're available to help today and will start safeguarding your license and keep you out of jail today. Talk with one of us now at (800) 755-5174 or set up an appointment online for a free, confidential consultation.
We also provide the following legal services in Lakewood, CA:
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