DUI Lawyer Milpitas, CA

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DUI Lawyer Milpitas. If you're up against a DUI in Milpitas, it can feel overwhelming. You're being accused of a crime; if you're facing years in prison for a repeat offense, your car is the least of your worries. If you declined to take an alcohol test, you can face separate charges, and the consequences you face might be even worse than a DUI conviction. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.

Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to fight against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is just a call away in Milpitas, CA.

We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of former prosecutors who know how to defend your rights in the Milpitas, CA, court system and will always be honest with you about the state of your case and the best path forward.

While you're hesitating, the odds are stacking up against you. Reach out 24/7 at (800) 755-5174 or contact us online to start crafting your defense today.

Milpitas, CA, DUI Lawyer Traffic Stop Tips:

We'd all love to drive without any risk of being pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Milpitas, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:

Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. By following this tip, you avoid that risk.

Tip #2: Don't Talk If Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent during any form of questioning. Even just saying "I only had two drinks" can work against you.

Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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, 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
Acting belligerent and uncooperative won't improve your case — it will come back to bite you. This isn't just something you're doing out of courtesy, though; it also aids 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 Milpitas?

California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't undergo any tests at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically via field sobriety tests, then decide whether or not to arrest you based on their evaluation of you.

If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:

1. Suspension: Your license suspension starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, the police are providing a record of the arrest to the Milpitas, CA, DMV, officially suspending your license.
2. Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will announce what charges you're up against.
3. DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
4. Pretrial Motions: Most people accused of DUIs in Milpitas, CA, are able to secure pretrial release, although they'll likely need to pay bail. Between your potential release and the trial, your Milpitas DUI defense attorney will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
5. Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Milpitas district attorney to find a plea deal that minimizes penalties for you. But if that doesn't work, your attorney should be refining a defense strategy now.
6. Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to 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 proceeds, you may face penalties. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.

Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and bureaucratic side. Whatever stage in the process you're at, our team has the knowledge to guide you forward!

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

Milpitas, CA, DUI charges are special because of their dual-nature: The criminal case and the DMV case. This will always require two separate defenses, but a leading DUI defense attorney from our offices will fight for you in both cases.

Here are some things you need to know about both, and insights into how we protect your justice and license:

Milpitas, CA, DUI Criminal Charges

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

If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 provide expert defense and push back against the charges. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can tell a different story.

The vast majority of our DUI clients in Milpitas do not receive any jail sentence. Commonly, 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.

Milpitas, CA, DUI License Suspension

While your Milpitas criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and to effectively 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, your license can still be suspended even if you do not receive a criminal conviction. Instead, this administrative hearing is focused on if you were rightfully 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 question the legitimacy of the stop, the arrest, and the BAC reading.

If you waited too long and it's past the deadline to request a hearing, though, the suspension is probably hear to stay. 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 Milpitas DUI defense attorney promptly after being arrested.

DUI Punishments in Milpitas

Milpitas, CA, DUI criminal penalties can leave a mark on your record for life – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.

Here's an outline of the different penalties you could be facing, depending on the nature of the allegations:

You'll also be facing significant collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.

DUIs and Immigration

DUI immigration consequences can be incredibly serious. On the bright side, most first-time DUIs at this time will not 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 will become grounds for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.

If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Milpitas, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that can protect you from a conviction, fight to keep you in the country, and offer expert advice as you apply for citizenship.

After the Case: Expungement/Sealing

Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Milpitas, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.

Important Qualities You Need in a Milpitas, CA DUI Attorney

Accused of a DUI in Milpitas? It is important to pick the right lawyer to defend your innocence. Your team needs the expertise, background, and contacts to secure a positive outcome for your case. The top Milpitas, CA, DUI defense attorneys will have all of the following:

1. Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police, totalling more than five decades of experience with the law.
2. Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
3. Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Milpitas and all throughout CA.
4. Reputation: Not just with clients and friends, but also amongst their peers. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
5. 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 Fight in Milpitas

Whatever type of DUI charge you need help with in Milpitas, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.

Below, you can review a list of the DUI allegations we frequently defend:

DUI Defense Tactics in Milpitas, CA

If you want to craft an effective defense strategy, our Milpitas, CA, DUI lawyers are here to help. 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 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, you might be able to secure a dismissal of the charges. This defense is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.

Flaws in Chemical Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will investigate any possible errors that were made when you took the test, 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 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But field sobriety tests are not objective measures of whether you're safe to drive or not. Our attorneys will review the footage 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 properly conducted BAC tests are hard to disprove, you do still have viable defense strategies. 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 Immediate Help – Contact Our Milpitas DUI Defense Lawyers TODAY

After a DUI arrest, it can feel like you barely have a chance to think. You can't drive anymore, you could find yourself in an interrogation room, you get a court date…it's easy to feel lost. With everything going on, your best way out is to hire a lawyer right away.

Don't let the state decide how your case will go. Don't lose your ability to drive without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.

We're experts at defending all Milpitas, CA DUI charges. We're available to help now and will can fight for your license and searching for positive outcomes today. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a no-obligation case review.

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

• Criminal Defense Lawyer