DUI Lawyer Livermore. 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. 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 need help from a DUI defense expert. Trying to defeat the allegations is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is available to protect you in Livermore.
We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you retain us, you're getting a team of former prosecutors who know how to navigate the Livermore, CA, judicial system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Get a hold of us without delay at (800) 755-5174 or tell us about your charges online to start constructing your defense strategy today.
Livermore, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Livermore, CA, DUI Lawyer for you which can protect you from arrests and charges:
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. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By keeping these documents on hand, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections both before and after an arrest. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Don't Argue With the Officer
Resisting the police won't improve your case — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Livermore?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't blow at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably using field sobriety tests, then make judgements based on their evaluation of you.
Once this happens, 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 effective immediately after your arrest – right away, you will be given a 30-day, temporary license, while the officer will keep your regular license. In the meantime, they are informing the DMV about the arrest, which means your license is officially suspended.
- Arraignment: Before you are released, you will be summoned to a court hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: As soon as you're released from jail, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the interim, your Livermore DUI defense attorney will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Livermore district attorney to present you with plea deal offers that could protect your freedom. But if the prosecutor won't give you a favorable offer, your attorney should be refining a defense strategy now.
- Criminal Trial: It's rare that a DUI case will 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 proceeds, you may face some form of sentence. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and administrative side. If you're facing a potential conviction, give us a call so that we can help!
Livermore DUI: Fighting Criminal Cases vs. DMV Hearings
Livermore, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. 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 our process for defending your freedom and vehicular rights:
Livermore, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 listen to your side of the story and dissect the charges. We'll challenge the legitimacy of the traffic stop, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can show the events in a more favorable light.
If you're facing jail time in Livermore, CA, our attorneys can help you avoid it. Commonly, 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 search for a deal that protects your freedom and avoids any jail sentence.
Livermore, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
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 entire DMV hearing is about whether or not you were lawfully 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 work with us, we'll challenge 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 any more chances to arrange for that hearing. This is why it's important to contact a Livermore DUI defense attorney promptly after the arrest.
Potential Penalties for a DUI in Livermore
Livermore, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be up against, depending on the nature of the allegations:
| 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 |
Beyond any sentence that a judge in Livermore, CA, sentences you to, you also need to worry about collateral consequences, such as increased insurance premiums and impacts on your employment.
DUIs and Immigration
DUI immigration consequences are very serious. The good news is that, currently, a first-time DUI is generally not grounds for removal. The bad news is that if certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will be put on the same level as serious felonies when it comes to immigration consequenceses. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Livermore, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you're liking looking forward to putting this all behind you. The bad news is that your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. Fortunately, if you're in Livermore, CA, our DUI lawyers will also fight to protect you in this way, and give you a path to clean your record.
Important Qualities You Need in a Livermore, CA DUI Attorney
Up against DUI charges? It's critical to pick the right lawyer to defend your innocence. Your team needs the talent, experience, and connections to provide the optimal outcome for your case. When looking for a DUI defense lawyer in Livermore, CA, look for these signs:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and law enforcement, totalling over 50 years of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. You can get a hold of us 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in Livermore and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Defend in Livermore
Administrative, criminal, or anything else related to DUIs in Livermore, CA – our DUI defense team is prepared stand by you against the charges.
Here are some of the DUI cases 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 Accident Defense
- 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 in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in Livermore, CA
Every DUI case needs a defensive strategy, and our Livermore, 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.
Contest the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, we can argue for your case to be dismissed. This defense is effective if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With BAC Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. We will highlight the ways that these tests can give false readings, retest when possible, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. 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
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. This may sound bad, but 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.
Don't Wait – Speak With Our Livermore DUI Defense Attorneys AS SOON AS POSSIBLE
When you're up against Livermore DUI charges, it can feel like you don't even have time to think. Your license disappears, there could be interrogations, you're informed of a court date…it's easy to be out of control. To fight through the allegations, your first step is to speak to a lawyer immediately.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. 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 Livermore, CA DUI charges. We're equipped with the tools to build your case now and will begin protecting your license and your liberty immediately. Talk to one of our team members now at (800) 755-5174 or fill out our contact form online for a free consultation.
We also provide the following legal services in Livermore, CA:
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