DUI Lawyer Linda Vista. Linda Vista DUI charges are very serious. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's leading DUI defense lawyers and have successfully fought countless DUI charges. When you choose us, you're getting a team of DUI defense experts who know how to operate the Linda Vista, CA, justice system and get you the best outcome possible.
If you wait too long to build a defense, it could become too late. Call today at (800) 755-5174 or send us a note online to start putting together your defense today.
Linda Vista, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but it's still important to know how to handle a traffic stop. Below are four tips from a Linda Vista, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you avoid that risk.
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 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
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Treat the Officer Respectfully
Acting belligerent and uncooperative won't improve your case — it will make things worse. This isn't just something you're doing out of courtesy, though; it also aids 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 Linda Vista?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you refuse to be tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, often using field sobriety tests, then decide whether or not to arrest you based on the results.
Once you've been arrested, 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 can start the minute the officer arrests you – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. In the meantime, they are ensuring that the arrest is added to your DMV record, officially suspending your license.
- Arraignment: After your arrest and before your release, you will be summoned to a court hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: While all of the criminal proceedings are going on, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Most people accused of DUIs in Linda Vista, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your Linda Vista DUI defense lawyer will file pretrial motions, likely including some to review the arrest footage, 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 contact the Linda Vista district attorney to present you with plea deal offers that could protect your freedom. But if it does go to trial, your attorney should be creating a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the result of your case, you may face some form of sentence. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and bureaucratic side. If you're facing a potential conviction, call now and we'll be happy to assist!
Linda Vista DUI: Fighting Criminal Cases vs. DMV Hearings
Linda Vista, CA, DUI charges include two separate fights: The criminal case and the administrative case. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are some things you need to know about both, and ways we defend your freedom and right to drive:
Linda Vista, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we build your defense and push back against the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, display flaws in the officer's analysis, look for faults in laboratory examinations, and hunt for other evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in Linda Vista do not receive any jail sentence. In many cases, 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 to give you an alternative to jail, in the form of probation.
Linda Vista, CA, DUI License Suspension
On the other side of a Linda Vista 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 to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. 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 cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's vital to contact a Linda Vista DUI defense lawyer right away after the arrest.
Punishments After a DUI Conviction in Linda Vista, CA
Linda Vista, CA, DUI criminal penalties can leave a mark on your record for life – even though some are misdemeanors, you're still facing a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be looking to avoid, depending on the allegations you're facing:
| 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 |
Beyond any sentence that a judge in Linda Vista, 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 can turn your world upside down. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Linda Vista, CA, immigration lawyer. 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 that can protect you from a conviction, fight against removal proceedings, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Linda Vista, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
When You're Picking a Linda Vista, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's critical to pick the right lawyer to represent you. Your team needs the talent, background, and relationships to provide the optimal outcome for your case. The top Linda Vista, CA, DUI defense attorneys will have all of the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and police officers, totalling over 50 years of experience with the law.
- Availability: DUI allegations can happen any time, day or night. We're available 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We have experience working with the prosecutors in Linda Vista and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. 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. If you're ready to join our list of successes, call now.
DUI Case Types We Fight in Linda Vista
Criminal and administrative, whatever type of DUI charges you're fighting in Linda Vista, CA – all of our DUI defense attorneys are prepared for the charges.
Here are some 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 Linda Vista, CA
Every DUI case needs a defensive strategy, and our Linda Vista, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legitimacy of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, we can challenge the evidence, and even the legitimacy of the case itself. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. Our team will investigate whether or not the procedure was followed when administering the tests, retest when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But you can still challenge them – they are not ironclad proof of guilt. An experienced Linda Vista, CA, DUI attorney will know how to dissect any records and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. We can examine your diet and medical conditions to find alternative explanations.
Get Immediate Help – Contact Our Linda Vista DUI Defense Lawyers NOW
After a DUI arrest, you'll hardly get a chance to catch your breath. You can't drive anymore, you might be interrogated, you're assigned a court date…it's easy to feel like there's no way forward. And that's why it's all the more important to hire a lawyer as soon as possible.
Don't give the state a chance to put you behind bars. Don't lose your license because you missed the DMV hearing window. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Linda Vista, CA DUI charges. We're standing by to answer your call immediately and will work on a strategy to defend your license and your liberty as soon as you call. Reach out to us now at (800) 755-5174 or fill out our contact form online for a free case review.
We also provide the following legal services in Linda Vista, CA:
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