DUI Lawyer Los Angeles. If you're up against a DUI in Los Angeles, it can feel overwhelming. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. If you declined to take an alcohol test, you can face separate charges, and in some cases, refusing can give you even worse penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you find yourself in this situation, you need help from a DUI defense expert. 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 leading DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of experienced, high-quality lawyers who know how to fight for you in the Los Angeles, CA, court system and find the best result for your case.
Acting fast is key to protecting your freedom and license. Talk to a lawyer now at (800) 755-5174 or tell us about your case online to start putting together your case's defense today.
Los Angeles, 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. Here are four tips from a Los Angeles, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you are on probation. The officer may not like it, but they can't compel you to participate. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Be Polite and Don't Argue
Resisting the police won't help — it will increase your chances of getting in trouble. This doesn't just help you get through the traffic stop; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Los Angeles?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, often utilizing field sobriety tests, then make arrests based on their evaluation of you.
Once this happens, the CA legal system will proceed with 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 – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: As soon as you're released from jail, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Los Angeles DUI defense attorney will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will contact the Los Angeles district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if it does go to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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 provide guidance for any charge, on both the criminal defense and administrative side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Los Angeles DUI Allegations and Criminal Cases vs. DMV Hearings
Los Angeles, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the administrative case. These will never be handled in the same hearing, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are things to watch out for with both cases, and insights into how we protect your freedom and license:
Los Angeles, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Los Angeles, CA, court.
The general court process is the same as any other criminal case – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we defend your freedom and fight against the charges. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and hunt for other evidence that can exonerate you.
If you're facing jail time in Los Angeles, CA, our attorneys can help you avoid it. 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 avoid jail time with a probation sentence.
Los Angeles, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension doesn't wait for your criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in 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 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 argue over the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's crucial to contact a Los Angeles DUI defense attorney promptly after being arrested.
Los Angeles DUI Sentences and Consequences
Los Angeles, 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.
Below, we've listed the different penalties you could be facing, depending on how exactly your charged and your history:
| DUI Criminal 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 Los Angeles, CA, sentences you to, you also need to worry about collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 trying to become an American citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Los Angeles, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that will protect you from the harshest outcomes, 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, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. A Los Angeles, CA, DUI defense attorney can help you out here, too, and give you a chance to clean your record.
Important Qualities You Need in a Los Angeles, CA DUI Attorney
No matter what DUI allegations you've been charged with, it's imperative to pick the right lawyer to defend your innocence. Your team needs the talent, practice, and connections to secure a positive outcome for your case. When you speak with Los Angeles, 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, our DUI lawyers have previous experience as judges, prosecutors, and police officers, totalling more than five decades of experience with the law.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Los Angeles 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. And we'd be proud to represent you as well.
DUI Case Types We Defend in Los Angeles
Whatever DUI charge you're up against in Los Angeles, CA – our DUI defense attorneys are prepared for the charges.
This is a list of the DUI allegations 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 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 Los Angeles, CA
Whatever type of charge you're facing, our Los Angeles, CA, DUI attorneys can help you fight it. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Challenge 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 a good option if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With Blood, Breath, and/or Urine 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 any possible errors that were made when you took the test, 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 'walk-and-turn,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. An experienced Los Angeles, CA, DUI attorney will know how to dissect any records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. While this is can be difficult to overcome, we won't give up yet. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Get Immediate Help – Talk To Our Los Angeles DUI Defense Attorneys NOW
After a DUI arrest, things move pretty fast. The police officer takes your license, a law enforcement official might be asking you hard questions, you're told you have a court date…it's easy to be like there's no way forward. With everything going on, your best way out is to contact an attorney now.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Los Angeles, CA DUI charges. We're standing by to answer your call fast and will can fight for your license and your rights now. Reach out to us now at (800) 755-5174 or fill out our contact form online for a confidential case review.
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