DUI Lawyer Montebello. Montebello DUI charges are very serious. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. You can face DUI charges even for just refusing to take the tests, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If the Montebello, CA, district attorney is coming after you, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's leading DUI defense lawyers and have successfully fought countless DUI charges. When you retain us, you're getting a team of former prosecutors who know how to navigate the Montebello, CA, justice system and get you the best outcome possible.
If you wait too long to build a defense, it could become too late. Speak with one of our attorneys anytime, day or night, at (800) 755-5174 or tell us about your charges online to start building your defense today.
Montebello, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but it's still important to know how to handle a traffic stop. Below are four tips from a Montebello, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. Many sober people will have trouble gathering up these documents under pressure. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. 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 Participate in Field Sobriety Tests, Unless Required
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. The officer may not like it, but they can't compel you to participate. 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: Be Polite and Don't Argue
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 helps your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Montebello?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely with field sobriety tests, then make arrests based on their evaluation of you.
As soon as you're arrested, the CA legal system automatically begins the process for 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 – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're proceeding through the system, the police are updating your records with the DMV to account for the arrest, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will be brought before a judge, and a prosecutor will announce what charges you're up against.
- DMV Hearing: While all of the criminal proceedings are going on, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the meantime, your Montebello DUI defense attorney will laying the groundwork of your defense through motions to suppress unlawfully collected evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will bargain with the Montebello district attorney 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 building a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we don't count on that possibility and will be ready if it does.
- 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, it's possible that your record will be eligible for sealing.
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, you can start with a call to our offices!
Montebello DUI: Fighting Criminal Cases vs. DMV Hearings
Montebello, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the fight for your license. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are important factors for both case types, and ways we defend your freedom and right to drive:
Montebello, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we defend your freedom and attack the charges. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for faults in laboratory examinations, and see if there's anything the police missed that can tell a different story.
With our defense strategies, we are almost always successful at protecting our Montebello, CA, clients from jail time. Commonly, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Montebello, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the entire DMV hearing is about whether or not 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. When you work with a Montebello, CA, DUI lawyer from our firm, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, 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 essential to contact a Montebello DUI defense attorney as soon as you can after the arrest.
Sentence You Could Face for a DUI in Montebello, CA
Montebello, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, they can still result in up to 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 |
Beyond the Montebello, CA legal sentence collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
If any of the above situations apply to you, don't panic: Call one of our Montebello, 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 assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you're liking looking forward to putting this all behind you. However, your arrest and/or criminal record can stick with you. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Montebello, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Montebello: What You Need to Know
No matter what DUI allegations you've been charged with, it's important to pick the right lawyer to fight for you. Your team needs the talent, practice, and connections to give you opportunities for a positive outcome for your case. The top Montebello, CA, DUI defense attorneys will have all of the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police officers, totalling more than five decades of experience handling cases.
- Availability: So that you can get help right away when you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our firm has experience working with the prosecutors in Montebello and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud of our reputation with former clients 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 Montebello
Criminal and administrative, whatever type of DUI charges you're fighting in Montebello, CA – your DUI defense lawyer from our team prepared stand by you against the charges.
This is a list of the DUI allegations we have experience defending:
- 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 Montebello, CA
If you want to craft an effective defense strategy, our Montebello, CA, DUI lawyers are here to help. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legitimacy of the Traffic Stop
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 is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in BAC Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any potential procedural errors, introduce alternative evidence 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 'walk-and-turn,' are often used by officers to evaluate whether someone is impaired or not. But ultimately, these are judgment calls on the part of the officer. We will examine the evidence and provide alternate explanations for your performance.
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. This may sound bad, but you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Call Our Montebello DUI Defense Lawyers TODAY
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. You lose your license, you could find yourself in an interrogation room, you're given a court date…it's easy to feel like there's no way forward. And that's why it's all the more important to hire a DUI defense lawyer now.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Montebello, CA DUI charges. We're equipped with the tools to build your case immediately and will start protecting your driving privileges and searching for positive outcomes right away. Speak with a lawyer now at (800) 755-5174 or set up an appointment online for a confidential case review.
We also provide the following legal services in Montebello, CA:
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