DUI Lawyer Merced. If you're up against a DUI in Merced, it can feel overwhelming. You're not just facing the loss of your license; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
Regardless of whether you're innocent or not, you should consult with an expert to find your best path forward. Trying to defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is just a call away in Merced, CA.
We are California's best DUI defense lawyers and have successfully fought countless DUI charges. When you work with us, you're getting a team of legal experts who know how to defend your rights in the Merced, CA, justice system and find the best result for your case.
Don't wait and let your chance slip away. Reach out right away at (800) 755-5174 or contact us online to start preparing your case's defense today.
Merced, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Merced, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
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. By following this tip, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections at all points in the legal process. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Don't Argue With the Officer
Acting belligerent and uncooperative won't improve your case — it will increase your chances of getting in trouble. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids 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 Merced?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you refuse to be tested at all. The police can use other methods to determine whether or not you were safe to drive, typically utilizing field sobriety tests, then make arrests based on their evaluation of you.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can start the minute the officer arrests you – at that time, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). Meanwhile, they are informing the DMV about the arrest, which means your license is officially suspended.
- Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: Independant of the criminal charge process, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Between your potential release and the trial, your Merced DUI defense attorney will laying the groundwork of your defense through motions to throw out illegal evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will negotiate with the Merced district attorney to find a plea deal that minimizes penalties for you. But if the prosecutor won't give you a favorable offer, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we're prepared to defend your license and freedom if it does.
- 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 can explore record clearing options with our lawyers.
Our DUI legal experts can help you fight any allegation, 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), give us a call so that we can help!
DUIs in Merced, CA and Criminal Cases vs. DMV Hearings
Merced, CA, DUI charges include two separate fights: The criminal case and the fight for your license. These are handled separately by the state, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and insights into how we protect your justice and driving privileges:
Merced, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 defend your freedom and attack the charges. We'll question whether or not the traffic stop was legitimate, 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 Merced, CA, clients from jail time. For many clients, 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.
Merced, 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 to successfully 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, no matter what the court decision was, it won't automatically give you back your license. Instead, the entire DMV hearing is about whether or not you were legitimately 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. At the Law Offices of David S. Chesley, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's essential to contact a Merced DUI defense attorney right away after being arrested.
Merced DUI Sentences and Consequences
Merced, CA, DUI criminal penalties can permanently affect your life – even though some are 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 looking to avoid, depending on how exactly your charged and your history:
| 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 |
Beyond any sentence that a judge in Merced, CA, sentences you to, you also need to worry about 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 can result in removal from the country. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Merced, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs that can protect you from a conviction, represent you at deportation hearings, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whatever happens in the court case, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Merced, CA, DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
When You're Picking a Merced, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Merced? It's crucial to pick the right lawyer to fight for you. Your team needs the skills, history, and connections to offer the best possible outcome for your case. When you speak with Merced, CA, DUI attorneys about your case, ask them about the following:
- Experience: As defense attorneys, and also prosecutors. 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: So that you can get help right away when you need it. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. We know how to connect with the prosecutors in Merced 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. If you're ready to join our list of successes, call now.
DUI Case Types We Defend Against in Merced
Whatever DUI charge you're up against in Merced, CA – all of our DUI defense attorneys are prepared help you navigate the charges.
This is a list of the DUI charges 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 Strategies in Merced, CA
Whatever type of charge you're facing, our Merced, 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
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, we can challenge the evidence, and even the legitimacy of the case itself. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is 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. We will look into any issues with how the equipment was stored or used, retest in some cases, using a "blood-split" motion, 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 a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. Our attorneys will review the footage and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. 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.
Timing is Critical – Talk To Our Merced DUI Defense Lawyers NOW
Merced, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. Your license disappears, you might be interrogated, you're told you have a court date…it's easy to be stressed out. Your path forward begins when you speak to a lawyer as soon as possible.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. 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 Merced, CA DUI charges. We're available to help today and will work on a strategy to defend your license and your liberty as soon as you call. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a no strings attached case review.
We also provide the following legal services in Merced, CA:
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