DUI Lawyer Livermore. Livermore DUI charges are very serious. You're being accused of a crime; if you're facing years in prison for a repeat offense, your car is the least of your worries. California law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you're facing these types of charges in CA, you should consult with an expert to find your best path forward. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of veteran defense attorneys who know how to navigate the Livermore, CA, legal system and find the best result for your case.
If you wait too long to build a defense, it could become too late. Call right away at (800) 755-5174 or tell us how we can help online to start preparing your defense strategy today.
Livermore, 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 Livermore, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections during any form of questioning. Even just saying "I only had two drinks" can work against you.
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. If you haven't been arrested, you can decline to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also benefits 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 Livermore?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you refuse to be tested at all. The police can use other methods to determine whether or not you were safe to drive, generally through field sobriety tests, then make judgements based on your performance.
As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- 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. Meanwhile, the police are providing a record of the arrest to the Livermore, CA, DMV, which updates their records to show your license as suspended.
- Arraignment: Before you are released, you will be brought before a judge, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the meantime, your Livermore DUI defense attorney will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will negotiate with the Livermore prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if you do have to fight the charges in a trial, your attorney should be crafting a strategy now.
- Criminal Trial: Most DUI cases won't go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case proceeds, you may face a punishment. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and DMV side. No matter where you are in your case, give us a call so that we can help!
Livermore, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Livermore, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and our process for defending your justice and ability to drive:
Livermore, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Livermore, CA, court.
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 listen to your side of the story and dissect the charges. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and search for other witnesses or evidence that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Livermore, CA. In many cases, 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.
Livermore, CA, DUI License Suspension
While your Livermore criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, and if you want to 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, you can lose your license regardless of the outcome of the criminal case. Instead, this administrative hearing is focused on if you were lawfully 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. These hearings have serious consequences that require an expert Livermore, CA, DUI lawyer to navigate. At the hearing, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's important to contact a Livermore DUI defense lawyer promptly after the arrest.
Punishments After a DUI Conviction in Livermore, CA
Livermore, CA, DUI criminal penalties can be harsh – even though some are misdemeanors, you're still facing 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 |
Beyond the Livermore, CA legal sentence collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 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 can result in removal from the country. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can set your efforts back by several years.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Livermore, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that can protect you from a conviction, fight to keep you in the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, it's natural to want to move on and leave this in the past. However, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, it might be possible to either expunge or seal your records. Our Livermore, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI allegations you've been charged with, it's imperative to pick the right lawyer to defend you. Your team needs the abilities, practice, and contacts to secure a positive outcome for your case. When you speak with Livermore, CA, DUI attorneys about your case, ask them about the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police officers, totalling over 50 years of experience with the law.
- Availability: So that you can get help right away when you need it. Our offices are always available if you need to talk 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We know how to connect with the prosecutors in Livermore 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 California.
- 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 Livermore
Whatever DUI charge you're up against in Livermore, CA – our DUI defense attorneys are prepared help you navigate the charges.
Below, you can review a list of the DUI case types we often 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
DUI Defense Strategies in Livermore, CA
If you want to craft an effective defense strategy, our Livermore, CA, DUI lawyers are here to help. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Contest the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, your case could be thrown out on legal grounds. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Chemical 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. Our team will investigate whether or not the procedure was followed when administering the tests, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. Your local DUI lawyer will inspect any records of the test 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 our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Timing is Critical – Talk To Our Livermore DUI Defense Lawyers RIGHT AWAY
When you're up against Livermore DUI charges, things move pretty fast. Your license is suspended, a law enforcement official might be asking you hard questions, you're given a court date…it's easy to be like there's no way forward. What you need to do is hire aLivermore, CA, DUI lawyer immediately.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Livermore, CA DUI charges. We're prepared to start building your defense now and will begin protecting your license and keep you out of jail right away. Speak with a lawyer now at (800) 755-5174 or fill out our contact form online for a confidential consultation.
We also provide the following legal services in Livermore, CA:
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