DUI Lawyer Lancaster. DUI law in Lancaster is complex. You're not just facing the loss of your license; you're also facing jail time, fines, and other penalties. CA law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you find yourself in this situation, you need help from a DUI defense expert. Trying to defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are CA's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of veteran defense attorneys who know how to navigate the Lancaster, CA, legal system and find the best result for your case.
Don't wait and let your chance slip away. Get in touch right away at (800) 755-5174 or send us a note online to start constructing your defense strategy today.
What Happens After a DUI Arrest in Lancaster?
CA DUI Law allows an officer to arrest you without a BAC level over the 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 via field sobriety tests, then arrest you based on the results.
As soon as you're arrested, the CA legal system automatically begins the process for 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 inform you of the charges against you.
- DMV Hearing: Separate from 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. Meanwhile, your Lancaster DUI defense attorney will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will work directly with the Lancaster 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 if it reaches that point, we'll have a staunch defense ready for you.
- 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 help you out, no matter where you are in the process, on both the criminal defense and license side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Defending Against Lancaster DUIs: Criminal Cases vs. DMV Hearings
Lancaster, 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 when you hire the right attorney, they can defend you in both cases.
Here are things to watch out for with both cases, and ways we defend your freedom and ability to drive:
Lancaster, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Your DUI case will typically go through the same process as any other criminal charge – 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 protect your rights and push back against the allegations. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective 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 Lancaster 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 alsowork out probation over jail or prison time.
Lancaster, CA, DUI License Suspension
On the other side of a Lancaster DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. 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 blow, whether or not you were properly informed of the consequences. When you hire us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of luck. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's critical to contact a Lancaster DUI defense lawyer as soon as you can after being arrested.
Potential Penalties for a DUI in Lancaster
CA DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be facing, 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 |
On top of whatever sentence you receive in Lancaster court, you have to endure several collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you may be eligible to either expunge or seal your records. A DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Lancaster: What You Need to Know
No matter what DUI alleges you've been charged with, it's critical to pick the right lawyer to fight for you. Your team needs the abilities, practice, and ties to secure a positive outcome for your case. When looking for a DUI defense lawyer in Lancaster, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police, totalling over 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in Lancaster 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're ready to add you to our list of success stories.
DUI Case Types We Defend in Lancaster
It doesn't matter what kind of DUI you're facing in Lancaster, CA – our DUI defense team is prepared for the charges.
Below are some of the DUI allegations we commonly 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
Timing is Critical – Call Our Lancaster DUI Defense Attorneys TODAY
After a DUI arrest, things move pretty fast. The police officer takes your license, you might be interrogated, you're given a court date…it's easy to be out of control. With everything going on, your best way out is to hire a lawyer right away.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. 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 Lancaster, CA DUI charges. We're equipped with the tools to build your case now and will work on a strategy to defend your license and keep you out of jail immediately. Reach out to us now at (800) 755-5174 or get in touch online for a free, confidential consultation.
We also provide the following legal services in Lancaster, CA:
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