DUI Lawyer Lodi, CA

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DUI Lawyer Lodi. If you're up against a DUI in Lodi, it can feel overwhelming. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. California 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've been accused of a DUI in Lodi, CA, you don't want to be alone. Trying to stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is ready to defend you.

We are California's best DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of former prosecutors who know how to navigate the Lodi, CA, court system and will always be honest with you about the state of your case and the best path forward.

While you're hesitating, the odds are stacking up against you. Talk to a lawyer now at (800) 755-5174 or tell us about your charges online to start putting together your case's defense today.

Lodi, CA, DUI Lawyer Traffic Stop Tips:

Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Lodi, CA, DUI Lawyer for you to remember if you're ever pulled over:

Tip #1: Keep Your Documents Together
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By following this tip, you avoid that risk.

Tip #2: Be Silent When 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 during any form of questioning. Don't talk without an attorney present.

Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. The officer may not like it, but they can't compel you to participate. 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 help — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which can be used against you.

What Happens After a DUI Arrest in Lodi?

California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, likely utilizing field sobriety tests, then arrest you based on the results.

As soon as you're arrested, the CA legal system will proceed with both a license suspension and criminal charges. Most DUI cases in Lodi, CA, follow this progression:

1. Suspension: Your license suspension can begin as soon as you're arrested – when arrested, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, the police are informing the DMV about the arrest, which updates their records to show your license as suspended.
2. Arraignment: After your arrest and before your release, you will attend a hearing, and a prosecutor will read out the allegations that you are formally being charged with.
3. DMV Hearing: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
4. Pretrial Motions: Most people accused of DUIs in Lodi, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Lodi DUI defense attorney will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to get a second test for your blood sample.
5. Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will bargain with the Lodi district attorney to avoid a trial with a plea deal that protects you. But if the case goes to trial, your attorney should be preparing now.
6. Criminal Trial: Only a small percentage of DUI charges 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 .
7. Sentencing/Sealing: Depending on how your case turns out, you may face consequences. 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 help you with any step of the legal process, on both the criminal defense and DMV side. If you need help today, call now and we'll be happy to assist!

DUIs in Lodi, CA and Criminal Cases vs. DMV Hearings

Lodi, CA, DUI charges include two separate fights: The criminal case and the DMV case. These will never be handled in the same hearing, 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 what our attorneys will do for your liberty and driving privileges:

Lodi, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Lodi, CA, legal system.

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 provide expert defense and push back against the allegations. We'll question whether or not the traffic stop was legitimate, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and hunt for other evidence that can present an alternate narrative.

If you're facing jail time in Lodi, CA, our attorneys can help you avoid it. Frequently, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.

Lodi, CA, DUI License Suspension

On the other side of a Lodi DUI charge is the DMV and your license suspension. This suspension is independent of the criminal case, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.

The criminal charges are not always relevant in the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on 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 hire us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.

If the tenth day since the arrest has passed, though, there probably isn't a way to get your license unsuspended. 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 Lodi DUI defense attorney as soon as you can after being arrested.

Potential Penalties for a DUI in Lodi

Lodi, CA, DUI criminal penalties can be harsh – 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 facing, depending on the nature of the allegations:

Beyond any sentence that a judge in Lodi, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and roadblocks when applying for professional licenses.

DUIs and Immigration

DUI immigration consequences can be devastating. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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 set your efforts back by several years.

If any of the above situations apply to you, don't panic: Call one of our Lodi, CA, immigration lawyers to get immediate help. 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, defend you against efforts to expel you from the country, and guide you through your citizenship application.

After the Case: Expungement/Sealing

After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. A Lodi, CA, DUI defense attorney can help you out here, too, and give you a chance to clean your record.

When You're Picking a Lodi, CA, DUI Lawyer, Consider These Factors

When you're facing DUI charges, it's important to pick the right lawyer to take your case. Your team needs the proficiency, background, and connections to secure a positive outcome for your case. Here are the main things to look for in your Lodi, CA, DUI defense lawyer:

1. Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police, totalling more than five decades of experience with the law.
2. Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
3. Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Lodi and all throughout CA.
4. 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.
5. Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. 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 Take On in Lodi

It doesn't matter what kind of DUI you're facing in Lodi, CA – our DUI defense lawyers are prepared help you navigate the charges.

Below are some of the DUI cases we commonly defend:

DUI Defense Tactics in Lodi, CA

Our Lodi, 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 Traffic Stop
If the police did not follow proper procedure while stopping and examining you, then the evidence arising from that traffic stop could be invalid. 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 BAC Tests
Many DUI cases center around a blood-alcohol content test. We will highlight the ways that these tests can give false readings, push for tests to be redone, 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 ultimately, these are judgment calls on the part of the officer. An experienced Lodi, CA, DUI attorney will know how to dissect any records and provide additional context for your performance, such as the stress of the situation.

Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. This may sound bad, but we won't give up yet. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.

Don't Wait – Talk To Our Lodi DUI Defense Attorneys RIGHT AWAY

When you're up against Lodi DUI charges, things move pretty fast. The police officer takes your license, you might be interrogated, you're assigned a court date…it's easy to feel out of control. To fight through the allegations, your first step is to call aLodi, CA, DUI attorney 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 protect you.

We're experts at defending all Lodi, CA DUI charges. We're ready to take on your case now and will start safeguarding your license and keep you out of jail right away. Call us now at (800) 755-5174 or set up an appointment online for a no-obligation consultation.

We also provide the following legal services in Lodi, CA:

• Criminal Defense Lawyer