DUI Lawyer Milpitas. If convicted, a DUI can permanently change your life for the worse. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you don't want to be alone. 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 here to defend you.
We are California's premier DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of accomplished defense attorneys who know how to operate the Milpitas, CA, legal system and find the best result for your case.
If you want to build an effective defense, you need to act now. Get in touch anytime, day or night, at (800) 755-5174 or contact us online to start preparing your case's defense today.
Milpitas, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Milpitas, 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. 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 stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent during the entirety of your interactions with the law. Even just saying "I only had two drinks" can work against you.
Tip #3: Don't Automatically Consent to 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. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Don't Argue With the Officer
Resisting the police won't improve your case — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also helps 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 BAC is below .08, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, often using field sobriety tests, then decide whether or not to arrest you based on the results.
If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension effective immediately after your arrest – you will be given a 30-day, temporary license, and your actual license will be taken. While you're processing this, they are updating your records with the DMV to account for the arrest, at which point, you're officially facing a license suspension.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: As soon as you're released from jail, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Meanwhile, your Milpitas DUI defense expert will file motions to strengthen your defense, such as ones to throw out illegal 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 lawyer will bargain with the Milpitas prosecutor 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: Most DUI cases won't go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how your case turns out, 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 with any step of the legal process, on both the criminal defense and bureaucratic side. If you need help today, call now and we'll be happy to assist!
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 license suspension. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are things to watch out for with both cases, and insights into how we protect your liberty and vehicular rights:
Milpitas, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
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 protect your rights and push back against the accusations. We'll examine the lawfulness of the traffic stop, display flaws in the officer's analysis, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show the events in a more favorable light.
With our defense strategies, we are almost always successful at protecting our Milpitas, CA, clients from jail time. Commonly, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Milpitas, CA, DUI License Suspension
On the other side of a Milpitas DUI charge is the DMV and your license suspension. This suspension is automatically applied, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Milpitas, CA, DUI lawyer to navigate. At the hearing, we'll work to undermine 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, 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 Milpitas DUI defense lawyer promptly after an arrest.
Sentence You Could Face for a DUI in Milpitas, CA
Milpitas, CA, DUI criminal penalties can leave a mark on your record for life – even though some are misdemeanors, you're still facing a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be up against, depending on what your charges are:
| DUI Criminal 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 loss or increased expense of insurance and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. If this is your first DUI, the good news is that you will likely be able to stay in the country. The bad news is that if something made this allegation more serious, like an injured bystander, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. For immigrants seeking citizenship, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Milpitas, CA, immigration lawyer. 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 with alternatives to criminal sentencing, fight to keep you in the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Milpitas, CA, DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's important to pick the right lawyer to defend you. Your team needs the skills, experience, and relationships to find the best outcome for your case. When evaluating DUI lawyers in Milpitas, CA, you want to judge the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, prosecutors, and police, totalling more than five decades of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. We're available 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. We know how to connect with the prosecutors in Milpitas and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 Milpitas
Whatever DUI charge you're up against in Milpitas, CA – our DUI defense lawyers are prepared stand by you against the charges.
This is a list of the DUI allegations 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 Accident Defense
- 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 in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in Milpitas, CA
Our Milpitas, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, then the evidence arising from that traffic stop could be invalid. This defense is effective if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Chemical Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any potential procedural errors, retest when possible, 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 typical part of any traffic stop that turns into a DUI investigation. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. We will audit the test records 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. While properly conducted BAC tests are hard to disprove, we won't give up yet. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Timing is Critical – Speak With Our Milpitas DUI Defense Lawyers RIGHT AWAY
After a DUI arrest, it feels like there's no space to breathe. You lose your license, law enforcement might try to do additional tests, you get a court date…it's easy to be like there's no way forward. And that's why it's all the more important to get in touch with aMilpitas, CA, DUI attorney right away.
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 Milpitas, CA DUI charges. We're prepared to start building your defense fast and will begin protecting your license and your rights today. Call us now at (800) 755-5174 or tell us about your case online for a no-obligation case review.
We also provide the following legal services in Milpitas, CA:
Payment Plans
