DUI Lawyer Montebello. If convicted, a DUI can permanently change your life for the worse. Your ability to drive isn't the only thing at risk; if you're facing years in prison for a repeat offense, your car is the least of your worries. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you've been accused of a DUI in Montebello, 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 just a call away in Montebello, CA.
We are California's top DUI defense lawyers and have over 50 years of combined courtroom experience. When you choose us, you're getting a team of legal experts who know how to navigate the Montebello, CA, legal system and get you the best outcome possible.
While you're hesitating, the odds are stacking up against you. Call today at (800) 755-5174 or tell us about your charges online to start crafting your defense today.
Montebello, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Montebello, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Be Prepared With Your Documents
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. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: Be Silent When 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 Fifth Amendment protections both before and after an arrest. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Don't Automatically Consent to Tests
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. 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: Respect the Law Enforcement Officer
Resisting the police won't help — it will likely be something you regret. 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 may help justify an arrest.
What Happens After a DUI Arrest in Montebello?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you aren't 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 make arrests based on the results.
As soon as you're arrested, the CA legal system starts moving towards 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 can go into effect at the time of the arrest – 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 contacting the DMV about your DUI arrest, beginning the formal suspension.
- Arraignment: Sometime after arriving at the police station, you will go to court, 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: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your Montebello DUI defense attorney will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will negotiate with the Montebello prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if the case goes to trial, your attorney should be crafting a strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face a punishment. 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 provide you with advice on the best way to move forward, on both the criminal defense and driver's license side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Montebello, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Montebello, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. This will always require two separate defenses, but when you hire the right attorney, they can defend you in both cases.
Here are some things you need to know about both, and our process for defending your liberty and vehicular rights:
Montebello, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Montebello, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – 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 craft a staunch defense and discredit the accusations. We'll question whether or not the traffic stop was legitimate, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and hunt for other evidence that can exonerate you.
The vast majority of our DUI clients in Montebello do not receive any jail sentence. 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 search for a deal that protects your freedom and avoids any jail sentence.
Montebello, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension goes into effect automatically, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the entire DMV hearing is about whether or not 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. When you work with us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's essential to contact a Montebello DUI defense attorney without delay after an arrest.
Sentence You Could Face for a DUI in Montebello, CA
Montebello, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be trying to avoid, depending on the allegations you're facing:
| 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 impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 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 count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Montebello, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, it's natural to want to move on and leave this in the past. Unfortunately, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Montebello, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
Top DUI Defense Attorneys in Montebello: What You Need to Know
Accused of a DUI in Montebello? It is vital to pick the right lawyer to represent you. Your team needs the proficiency, history, and relationships to provide the optimal outcome for your case. When looking for a DUI defense lawyer in Montebello, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and police officers, totalling more than 50 years of experience with the law.
- Availability: So that you can get help right away when you need it. You can speak with one of our team members 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We know how to connect with the prosecutors in Montebello 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: 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're ready to add you to our list of success stories.
DUI Case Types We Defend in Montebello
Administrative, criminal, or anything else related to DUIs in Montebello, CA – our DUI defense team is prepared stand by you against the charges.
Here is a list of the DUI allegations we typically 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 Tactics in Montebello, CA
Our Montebello, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, we can challenge the evidence, and even the legitimacy of the case itself. 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 Chemical Tests
Many DUI cases center around a blood-alcohol content test. We will look into any issues with how the equipment was stored or used, retest in some cases, using a "blood-split" motion, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and point out situations where law enforcement unfairly failed our clients on these tests.
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 this is can be difficult to overcome, our lawyers have more defense strategies we can pull from. 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 – Call Our Montebello DUI Defense Lawyers TODAY
DUI allegations are no joke. After you've been charged, it can feel like you barely have a chance to think. Your license is suspended, there could be interrogations, you're informed of a court date…it's easy to be out of control. With everything going on, your best way out is to call an attorney immediately.
Don't give the state a chance to put you behind bars. Don't lose your ability to drive without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Montebello, CA DUI charges. We're ready to take on your case today and will start protecting your driving privileges and your liberty as soon as you call. Speak with a lawyer now at (800) 755-5174 or tell us about your charges online for a confidential case review.
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