DUI Lawyer Modesto. Modesto DUI charges are very serious. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to defeat the allegations is a fight that you need a team 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 have successfully fought countless DUI charges. When you work with us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the Modesto, CA, judicial system and find the best result for your case.
If you wait too long to build a defense, it could become too late. Get in touch anytime, day or night, at (800) 755-5174 or contact us online to start putting together your defense strategy today.
Modesto, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Modesto, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent both before and after an arrest. 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. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Treat the Officer Respectfully
Arguing with the officer won't improve your case — it will come back to bite you. You should be respectful for more than its own sake, though; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Modesto?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically utilizing 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 will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. In the meantime, they are informing the DMV about the arrest, officially suspending your license.
- Arraignment: After your arrest and before your release, you will attend a hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the meantime, your Modesto DUI defense lawyer will file pretrial motions, likely including some to suppress unlawfully collected evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will negotiate with the Modesto prosecutor to avoid a trial with a plea deal that protects you. But if you do have to fight the charges in a trial, your attorney should be crafting a strategy now.
- Criminal Trial: It's unlikely that your DUI case will 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 the outcome of your case, you may face penalties. 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 out, no matter where you are in the process, on both the criminal defense and license side. Whatever stage in the process you're at, call now and we'll be happy to assist!
Modesto, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Modesto, CA, DUI charges include two separate fights: The criminal case and the license suspension. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and our process for defending your freedom and driving privileges:
Modesto, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Modesto, CA, court.
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 listen to your side of the story and discredit the accusations. 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 look for witness testimony and other proof that can result in a not guilty plea.
If you're facing jail time in Modesto, CA, our attorneys can help you avoid it. For several cases, 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.
Modesto, 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 in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, this administrative hearing is focused on if you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's important to contact a Modesto DUI defense attorney as soon as you can after the traffic stop.
Potential Penalties for a DUI in Modesto
Modesto, CA, DUI criminal penalties can be harsh – while some are 'just' misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be up against, depending on how exactly your charged and your history:
| 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 |
In addition to any criminal sentence in Modesto, CA, you're also facing collateral consequences, such as increased insurance premiums and career setbacks.
DUIs and Immigration
DUI immigration consequences can be incredibly 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 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. 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.
If any of the above situations apply to you, don't panic: Call one of our Modesto, CA, immigration lawyers to get immediate help. 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, represent you at deportation hearings, 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'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Our Modesto, 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 Modesto, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Modesto? It's key to pick the right lawyer to fight for you. Your team needs the abilities, preparation, and ties to secure a positive outcome for your case. When evaluating DUI lawyers in Modesto, CA, you want to judge the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police officers, totalling more than five decades of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our firm has experience working with the prosecutors in Modesto 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. We're ready to add you to our list of success stories.
DUI Case Types We Defend Against in Modesto
Whatever DUI charge you're up against in Modesto, CA – all of our DUI defense attorneys are prepared for the charges.
Here is a list of the DUI case types we frequently 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 Modesto, CA
Whatever type of charge you're facing, our Modesto, CA, DUI attorneys can help you fight it. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Arrest
If the police did not follow proper procedure while stopping and examining you, your case could be thrown out on legal grounds. This defense is effective if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in BAC Tests
Many DUI cases center around a blood-alcohol content test. We will investigate any possible errors that were made when you took the test, introduce alternative evidence 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 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. 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 .08 or higher. Even though this is harder to fight, you do still have viable defense strategies. 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.
Get Rapid Assistance – Contact Our Modesto DUI Defense Lawyers AS SOON AS POSSIBLE
When you're up against Modesto DUI charges, it can be a whirlwind of legal processes. You can't drive anymore, you could find yourself in an interrogation room, you're assigned 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 hire a DUI defense 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 fight for you.
We're experts at defending all Modesto, CA DUI charges. We're standing by to answer your call immediately and will start protecting your driving privileges and your liberty right away. Speak with a lawyer now at (800) 755-5174 or set up an appointment online for a free, confidential case review.
We also provide the following legal services in Modesto, CA:
Payment Plans
