DUI Lawyer Menifee. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If the Menifee, CA, district attorney is coming after you, you don't want to be alone. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's top DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you work with us, you're getting a team of experienced, high-quality lawyers who know how to defend your rights in the Menifee, CA, justice system and find the best result for your case.
Acting fast is key to protecting your freedom and license. Get in touch today at (800) 755-5174 or contact us online to start crafting your defense strategy today.
Menifee, 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 Menifee, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. 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 keeping these documents on hand, 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. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. 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: Be Polite and Don't Argue
Resisting the police won't help — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Menifee?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, generally using field sobriety tests, then make arrests based on your performance.
Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can begin as soon as you're arrested – you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). In the meantime, the police are contacting the DMV about your DUI arrest, at which point, you're officially facing a license suspension.
- Arraignment: Sometime after arriving at the police station, you will go to court, 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 have just 10 days to begin the process of protecting your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your Menifee DUI defense attorney will be filing motions, including motions to suppress evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will bargain with the Menifee district attorney to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be creating a defense now.
- Criminal Trial: Most DUI cases won't 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 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 fight any allegation, on both the criminal defense and driver's license side. No matter where you are in your case, you can start with a call to our offices!
Menifee DUI Allegations and Criminal Cases vs. DMV Hearings
Menifee, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. 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 insights into how we protect your freedom and ability to drive:
Menifee, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Criminal cases, including DUIs, all follow the same basic process – 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 protect your rights and push back against the supposed wrongdoing. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and look for witness testimony and other proof that can show the events in a more favorable light.
The vast majority of our DUI clients in Menifee do not receive any jail sentence. Often, 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 avoid jail time with a probation sentence.
Menifee, 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 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.
At the administrative hearing, you're not facing criminal charges. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. 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 alcohol tests, whether or not you were properly informed of the consequences. When you hire us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, the suspension is probably hear to stay. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's vital to contact a Menifee DUI defense lawyer promptly after an arrest.
Menifee DUI Sentences and Consequences
Menifee, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be trying to avoid, depending on the allegations you're facing:
| 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 |
You'll also be facing significant collateral consequences, such as more expenses on your insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 conviction will qualify an immigrant for deportation. For individuals working on the naturalization process, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Menifee, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you're liking looking forward to putting this all behind you. You'll find, though, that 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 Menifee, CA, DUI defense attorney can help you out here, too, and give you a path to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's critical to pick the right lawyer to represent you. Your team needs the expertise, experience, and ties to give you opportunities for a positive outcome for your case. The top Menifee, CA, DUI defense attorneys will have all of the following:
- 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, district attorneys, and law enforcement, totalling more than 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. You can speak with one of our team members 24/7.
- Relationships: You need connections to get a good plea deal. We know how to connect with the prosecutors in Menifee and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators 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 Against in Menifee
Criminal and administrative, whatever type of DUI charges you're fighting in Menifee, CA – the Law Offices of David S. Chesley is prepared help you navigate the charges.
Here are some of the DUI charges 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 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 Menifee, CA
If you want to craft an effective defense strategy, our Menifee, CA, DUI lawyers are here to help. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legitimacy of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, your case could be thrown out on legal grounds. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With Chemical 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 investigate whether or not the procedure was followed when administering the tests, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But these tests are subjective. Your local DUI lawyer will inspect any records of the test and provide additional context for your performance, such as the stress of the situation.
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. Even though this is harder to fight, it's not the end of your case. 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 Rapid Assistance – Contact Our Menifee DUI Defense Attorneys NOW
After a DUI arrest, things move pretty fast. Your license is suspended, you could find yourself in an interrogation room, you're told you have a court date…it's easy to feel out of control. And that's why it's all the more important to get in touch with an attorney as soon as possible.
Don't give the state a chance to put you behind bars. Don't miss your chance for a DMV administrative hearing to protect your license. 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 Menifee, CA DUI charges. We're prepared to start building your defense immediately and will start protecting your driving privileges and keep you out of jail today. Talk to one of our team members now at (800) 755-5174 or set up an appointment online for a confidential consultation.
We also provide the following legal services in Menifee, CA:
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