DUI Lawyer Los Angeles. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; 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 when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
Regardless of whether you're innocent or not, you don't want to be alone. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is available to protect you in Los Angeles.
We are California's leading DUI defense lawyers and have successfully fought countless DUI charges. When you retain us, you're getting a team of veteran defense attorneys who know how to protect you in the Los Angeles, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
Acting fast is key to protecting your freedom and license. Speak with one of our attorneys today at (800) 755-5174 or send us a note online to start putting together your defense strategy 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. Below are four tips from a Los Angeles, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. 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 avoid that risk.
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 both before and after an arrest. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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
Resisting the police won't help — it will come back to bite you. This is about more than just avoiding an arrest in the short term; 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 Los Angeles?
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. Police officers can do this because they when they rely on other methods to tell if you are impaired, often with field sobriety tests, then decide whether or not to arrest you based on that.
If you've been placed under arrest, the CA legal system will proceed with 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 can begin as soon as you're arrested – 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, beginning the formal suspension.
- Arraignment: After your arrest and before your release, you will be summoned to a court hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: As soon as you're released from jail, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your Los Angeles DUI defense expert will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will speak with the Los Angeles prosecutor to find a plea deal that minimizes penalties for you. But if it does go to trial, your attorney should be crafting a strategy now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- 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 help you fight any allegation, on both the criminal defense and driver's license side. If you need help today, our team has the knowledge to guide you forward!
Los Angeles, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Los Angeles, CA, DUI charges include two separate fights: The criminal case and the driver's case. Different CA organizations cover each of these aspects, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and our process for defending your freedom and license:
Los Angeles, 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 Los Angeles, CA, legal system.
The general court process is the same as any other criminal case – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we defend your freedom and discredit the accusations. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Los Angeles, CA. Frequently, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Los Angeles, 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 goes into effect automatically, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the focus of this hearing is whether or not you were lawfully 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. At the Law Offices of David S. Chesley, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get an extra chance to arrange for that hearing. This is why it's vital to contact a Los Angeles DUI defense lawyer promptly after the arrest.
DUI Punishments in Los Angeles
Los Angeles, CA, DUI criminal penalties can be harsh – while some are 'just' misdemeanors, you could still end up with 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:
| 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 the Los Angeles, CA legal sentence collateral consequences, such as rising insurance rates and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 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 indefinitely pause your efforts to become a citizen.
If any of the above situations apply to you, don't panic: Call one of our Los Angeles, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight to keep you in the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Los Angeles, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
When You're Picking a Los Angeles, CA, DUI Lawyer, Consider These Factors
No matter what DUI allegations you've been charged with, it's vital to pick the right lawyer to fight for you. Your team needs the abilities, background, and connections to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Los Angeles, CA, look for these signs:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police, totalling more than 50 years of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. You can get a hold of us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We know how to connect with the prosecutors in Los Angeles and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. 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 Against in Los Angeles
Whatever DUI charge you're up against in Los Angeles, CA – our DUI defense team is prepared for the charges.
Below, you can review a list of the DUI case types we regularly 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 Tactics in Los Angeles, CA
Our Los Angeles, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legitimacy of the Traffic Stop
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
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. We will highlight the ways that these tests can give false readings, 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 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
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 .08 or higher. While this is can be difficult to overcome, it's not the end of your case. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Start Your Defense Today – Call Our Los Angeles DUI Defense Lawyers RIGHT AWAY
Los Angeles, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. You can't drive anymore, there could be interrogations, you're informed of a court date…it's easy to be out of control. Your path forward begins when you speak to aLos Angeles, CA, DUI lawyer immediately.
Don't let the state decide how your case will go. Don't lose your ability to drive without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Los Angeles, CA DUI charges. We're prepared to start building your defense today and will can fight for your license and keep you out of jail right away. Speak with a lawyer now at (800) 755-5174 or tell us about your case online for a no-obligation case review.
We also provide the following legal services in Los Angeles, CA:
Payment Plans
