DUI Lawyer Merced, CA

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DUI Lawyer Merced. DUI law in Merced is complex. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. Declining a breathalyzer or blood test on its own can result in charges, and the consequences you face might be even worse than a DUI conviction. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.

If you find yourself in this situation, you shouldn't need to do this without help. Trying to fight against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to stand by your side.

We are California's best DUI defense lawyers and have successfully fought countless DUI charges. When you choose us, you're getting a team of accomplished defense attorneys who know how to operate the Merced, CA, judicial system and provide paths to positive outcomes.

While you're hesitating, the odds are stacking up against you. Talk to a lawyer right away at (800) 755-5174 or contact us online to start constructing your defense strategy today.

Merced, CA, DUI Lawyer Traffic Stop Tips:

Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Merced, CA, DUI Lawyer for you that will guide you through your next traffic stop:

Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. When you're already prepared to give them to the officer, 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 during the entirety of your interactions with the law. Trying to explain away the smell of alcohol will probably just get you in more trouble.

Tip #3: Don't Automatically Consent to Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't 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: Treat the Officer Respectfully
Resisting the police won't improve your case — 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 could contribute to their probable cause to arrest you.

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 don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, typically through field sobriety tests, then decide whether or not to arrest you based on that.

Once this happens, 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:

1. Suspension: Your license suspension starts right away, when you're arrested – right away, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). Meanwhile, they are providing a record of the arrest to the Merced, CA, DMV, which means your license is officially suspended.
2. Arraignment: Sometime after arriving at the police station, you will attend a hearing, and a prosecutor will inform you of the charges against you.
3. DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll have just 10 days to begin the process of protecting your license.
4. Pretrial Motions: You'll likely be given bail or released on your own recognizance. Meanwhile, your Merced DUI defense attorney will laying the groundwork of your defense through motions to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
5. Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will contact the Merced district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if you end up on trial in front of a judge, your attorney should be crafting a strategy now.
6. Criminal Trial: Your case probably will not go to trial, but just in case it does, our team always crafts a trial-ready defense.
7. Sentencing/Sealing: Depending on how you plea or are found, 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 DMV side. If you're facing a potential conviction, call now and we'll be happy to assist!

Merced, CA, DUI Differences: Criminal Cases vs. DMV Hearings

Merced, CA, DUI charges are always a two-pronged challenge: 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 important factors for both case types, and ways we defend your justice and ability to drive:

Merced, 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 Merced, CA, legal system.

If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 protect your rights and fight against the accusations. We'll challenge the legitimacy of the traffic stop, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and look for witness testimony and other proof that can present an alternate narrative.

We have an extremely strong track record of clients who have avoided jail time in Merced, CA. In many cases, we'll work out a plea for reduced 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.

Merced, 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 to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.

When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the focus of this hearing is whether or not you were rightfully 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 work with us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.

If the tenth day since the arrest has passed, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's crucial to contact a Merced DUI defense attorney without delay after the arrest.

Sentence You Could Face for a DUI in Merced, CA

Merced, CA, DUI criminal penalties can be harsh – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.

In this table, you can review the different penalties you could be looking to avoid, depending on the nature of the allegations:

On top of whatever sentence you receive in Merced court, you have to endure several collateral consequences, such as elevated insurance costs and roadblocks when applying for professional licenses.

DUIs and Immigration

DUI immigration consequences can turn your world upside down. 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 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 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 Merced, 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, represent you at deportation hearings, and act as your guide through the citizenship application process.

After the Case: Expungement/Sealing

Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Merced, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.

Top DUI Defense Attorneys in Merced: What You Need to Know

When you're facing DUI charges, it's key to pick the right lawyer to take your case. Your team needs the expertise, preparation, and connections to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Merced, CA, look for these signs:

1. Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, 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. You can get a hold of us 24/7.
3. Relationships: Relationships are key in negotiating strong plea bargains. We know how to connect with the prosecutors in Merced and all throughout CA.
4. Reputation: The best lawyers are often professionally recognized. 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.
5. Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.

Our recent DUI Case results speak for themselves. We want you to be our next success story.

DUI Case Types We Defend in Merced

Criminal and administrative, whatever type of DUI charges you're fighting in Merced, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.

Here are some of the DUI cases we often defend:

DUI Defense Tactics in Merced, CA

If you want to craft an effective defense strategy, our Merced, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.

Contest the Legality of the Arrest
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 could be used 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
Many DUI cases center around a blood-alcohol content test. We will look into any potential procedural errors, retest when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.

Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.

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. Even though this is harder to fight, 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.

Don't Wait – Speak With Our Merced DUI Defense Lawyers TODAY

DUI allegations are no joke. After you've been charged, it feels like there's no space to breathe. Your license is suspended, a law enforcement official might be asking you hard questions, you get 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 aMerced, CA, DUI attorney now.

Don't give up and let the district attorney win. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect 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 immediately. Talk with one of us now at (800) 755-5174 or tell us about your charges online for a no strings attached consultation.

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

• Criminal Defense Lawyer