DUI Lawyer Madera, CA

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DUI Lawyer Madera. If convicted, a DUI can permanently change your life for the worse. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. 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.

If you find yourself in this situation, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a fight that you need a team 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 decades of experience fighting against these charges. When you retain us, you're getting a team of DUI defense experts who know how to operate the Madera, CA, justice system and provide paths to positive outcomes.

Take too long to start your defense, and you could miss your chance. Reach out right away at (800) 755-5174 or tell us about your case online to start preparing your defense strategy today.

Madera, CA, DUI Lawyer Traffic Stop Tips:

You may be a careful driver who doesn't violate any traffic laws, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Madera, CA, DUI Lawyer for you to remember if you're ever pulled over:

Tip #1: Have Your Documents Ready
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. But if you don't need to search for them, you stop yourself from appearing inebriated.

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 the right to remain silent at all points in the legal process. Call your DUI lawyer and stay quiet until they arrive.

Tip #3: Refuse Voluntary Tests
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.

Tip #4: Respect the Law Enforcement Officer
Resisting the police won't help — it will make things worse. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.

What Happens After a DUI Arrest in Madera?

California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you refuse to be tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, typically utilizing field sobriety tests, then arrest you based on the results.

Once this happens, 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:

1. Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, they are providing a record of the arrest to the Madera, CA, DMV, at which point, you're officially facing a license suspension.
2. Arraignment: While under arrest, you will attend a hearing, and a prosecutor will announce what charges you're up against.
3. DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
4. Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Meanwhile, your Madera DUI defense attorney will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
5. Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will work directly with the Madera district attorney 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 refining a defense strategy now.
6. Criminal Trial: Only a small percentage of DUI charges go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
7. Sentencing/Sealing: Depending on how your case turns out, 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 out, no matter where you are in the process, on both the criminal defense and administrative side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!

Madera DUI: Fighting Criminal Cases vs. DMV Hearings

Madera, CA, DUI charges are special because of their dual-nature: The criminal case and the license suspension. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.

Here are descriptions of both case categories, and what our attorneys will do for your liberty and license:

Madera, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Madera, CA, court.

Your DUI case will typically go through the same process as any other criminal charge – 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 listen to your side of the story and dissect the accusations. We'll argue whether the police had the justification needed to pull you over, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can result in a not guilty plea.

The vast majority of our DUI clients in Madera do not receive any jail sentence. In many cases, 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 work to give you an alternative to jail, in the form of probation.

Madera, 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 is automatically applied, and to 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 entire DMV hearing is about whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in 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.

After ten days, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get an extra chance to arrange for that hearing. This is why it's essential to contact a Madera DUI defense lawyer as soon as you can after the arrest.

Sentence You Could Face for a DUI in Madera, CA

Madera, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, it's possible to receive a year in jail, or six months for a first offense.

In this table, you can review the different penalties you could be trying to avoid, depending on what your charges are:

Beyond any sentence that a judge in Madera, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and barriers between you and professional licenses.

DUIs and Immigration

DUI immigration consequences can be devastating. 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 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 can result in removal from the country. If you are trying to become an American citizen, even if you aren't deported, it hurts your application process.

These accusations can be intimidating, but they are not the end. Your Madera, 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 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

Whether your case ends in a conviction or an acquittal, you'll want to get back to life as normal, before the charges. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Madera, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.

Important Qualities You Need in a Madera, CA DUI Attorney

Up against DUI charges? It's critical to pick the right lawyer to defend you. Your team needs the abilities, history, and connections to provide the optimal outcome for your case. When you speak with Madera, CA, DUI attorneys about your case, ask them about the following:

1. Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police officers, totalling over five decades of experience handling cases.
2. Availability: So that you can get help right away when you need it. We're available 24/7.
3. Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Madera and all throughout CA.
4. Reputation: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
5. 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. If you're ready to join our list of successes, call now.

DUI Case Types We Defend Against in Madera

Whatever DUI charge you're up against in Madera, CA – your DUI defense lawyer from our team prepared to battle against the charges.

This is a list of the DUI charges we often defend:

DUI Defense Tactics in Madera, CA

Whatever type of charge you're facing, our Madera, CA, DUI attorneys can help you fight it. 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 Arrest
If law enforcement made a mistake while conducting their investigation, your case could be thrown out on legal grounds. This defense is a good option 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
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team will look into any issues with how the equipment was stored or used, introduce alternative evidence when possible, and highlight any errors in the chain of custody.

Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. We will examine the evidence and provide additional context for your performance, such as the stress of the situation.

Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. While this is can be difficult to overcome, 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 – Speak With Our Madera DUI Defense Attorneys AS SOON AS POSSIBLE

When you're up against Madera DUI charges, it can feel like you don't even have time to think. You lose your right to drive, a law enforcement official might be asking you hard questions, you're told you have a court date…it's easy to be lost. In order to find a way out of all that, you need to speak to a DUI defense attorney now.

Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to represent you.

We're experts at defending all Madera, CA DUI charges. We're ready to take on your case immediately and will start safeguarding your license and searching for positive outcomes right away. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a free consultation.

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

• Criminal Defense Lawyer