DUI Lawyer Lompoc. DUI law in Lompoc is complex. 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. You can face DUI charges even for just refusing to take the tests, and the consequences you face might be even worse than a DUI conviction. And DUIs involving drugs are treated differently than those involving alcohol.
Regardless of whether you're innocent or not, you don't want to be alone. Trying to defeat the allegations is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Lompoc, CA.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you choose us, you're getting a team of accomplished defense attorneys who know how to protect you in the Lompoc, CA, justice system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Reach out now at (800) 755-5174 or tell us about your charges online to start constructing your case's defense today.
Lompoc, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Lompoc, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you already have them ready, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections during the entirety of your interactions with the law. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. If you haven't been arrested, you can decline to participate. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Don't Argue With the Officer
Being rude won't help — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Lompoc?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often via field sobriety tests, then 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. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can begin as soon as you're arrested – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. While you're processing this, they are providing a record of the arrest to the Lompoc, CA, DMV, which updates their records to show your license as suspended.
- Arraignment: Before you are released, you will go to court, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: While all of the criminal proceedings are going on, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- 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 Lompoc DUI defense lawyer will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will communicate with the Lompoc district attorney to present you with plea deal offers that could protect your freedom. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Most DUI cases won't 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 consequences. 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 provide guidance for any charge, on both the criminal defense and DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), call now and we'll be happy to assist!
Lompoc DUI Allegations and Criminal Cases vs. DMV Hearings
Lompoc, CA, DUI charges include two separate fights: The criminal case and the DMV case. These will never be handled in the same hearing, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and ways we defend your justice and right to drive:
Lompoc, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Your DUI case will typically go through the same process as any other criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we listen to your side of the story and attack the accusations. We'll examine the lawfulness of the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and hunt for other evidence that can show the events in a more favorable light.
With our defense strategies, we are almost always successful at protecting our Lompoc, CA, clients from jail time. Often, 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 argue for probation to maintain your freedom.
Lompoc, CA, DUI License Suspension
On the other side of a Lompoc DUI charge is 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 being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the outcome of the DMV hearing hinges on whether or not 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 work with us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you're out of luck. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's important to contact a Lompoc DUI defense attorney immediately after being arrested.
Sentence You Could Face for a DUI in Lompoc, CA
Lompoc, CA, DUI criminal penalties can permanently affect your life – 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 trying 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 |
You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be incredibly 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 will hurt your application chances, especially for repeat or aggravated offenses.
These accusations can be intimidating, but they are not the end. Your Lompoc, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, odds are, you'll want to leave it in the past and move forward with your life. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. A Lompoc, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's important to pick the right lawyer to represent you. Your team needs the skills, practice, and ties to give you opportunities for a positive outcome for your case. Here are the main things to look for in your Lompoc, CA, DUI defense lawyer:
- 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 police officers, totalling more than 50 years of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. Our team is prepared to help you 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our firm has experience working with the prosecutors in Lompoc and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. 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. We're ready to add you to our list of success stories.
DUI Case Types We Take On in Lompoc
It doesn't matter what kind of DUI you're facing in Lompoc, CA – our DUI defense team is prepared for the charges.
Below are some of the DUI charges we frequently 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 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 Tactics in Lompoc, CA
Whatever type of charge you're facing, our Lompoc, CA, DUI attorneys can help you fight it. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, you might be able to secure a dismissal of the charges. This defense is relevant if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made 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 look into any potential procedural errors, retest in some cases, using a "blood-split" motion, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But these tests are subjective. We will examine the evidence and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. This may sound bad, but you do still have viable defense strategies. 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 – Call Our Lompoc DUI Defense Lawyers NOW
Lompoc, CA, DUI accusations are serious. After an arrest, it can be a whirlwind of legal processes. You lose your right to drive, there could be interrogations, you're assigned a court date…it's easy to feel out of control. To fight through the allegations, your first step is to hire a DUI defense 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 just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Lompoc, CA DUI charges. We're ready to take on your case now and will start protecting your driving privileges and keep you out of jail immediately. Talk to one of our team members now at (800) 755-5174 or set up an appointment online for a free, confidential case review.
We also provide the following legal services in Lompoc, CA:
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