DUI Lawyer Moorpark. If convicted, a DUI can permanently change your life for the worse. You're not just facing the loss of your license; if you're facing years in prison for a repeat offense, your car is the least of your worries. 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 it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
Regardless of whether you're innocent or not, you need help from a DUI defense expert. Trying to fight against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you choose us, you're getting a team of former prosecutors who know how to protect you in the Moorpark, CA, justice system and get you the best outcome possible.
If you want to build an effective defense, you need to act now. Speak with one of our attorneys right away at (800) 755-5174 or tell us about your charges online to start constructing your defense strategy today.
Moorpark, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Moorpark, 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
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. 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: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during any form of questioning. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary 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. 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: Don't Argue With the Officer
Being rude won't improve your case — it will come back to bite you. This doesn't just help you get through the traffic stop; it also aids 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 Moorpark?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely with field sobriety tests, then decide whether or not to arrest you based on how you do.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, they are providing a record of the arrest to the Moorpark, CA, DMV, which means your license is officially suspended.
- Arraignment: Before you are released, you will attend a hearing, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: Separate from 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.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Meanwhile, your Moorpark DUI defense lawyer will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will speak with the Moorpark district attorney to try and secure a favorable deal before a trial. But if you end up on trial in front of a judge, your attorney should be refining a defense strategy now.
- Criminal Trial: It's rare that a 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 some form of sentence. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and administrative side. For advice on any stage with your charges, give us a call so that we can help!
DUIs in Moorpark, CA and Criminal Cases vs. DMV Hearings
Moorpark, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the DMV case. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.
Here are descriptions of both case categories, and ways we defend your freedom and ability to drive:
Moorpark, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Criminal cases, including DUIs, all follow the same basic process – 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 build your defense and attack the criminal accusations. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can tell a different story.
We know what it takes to keep DUI defense clients out of jail in Moorpark, CA. Frequently, we'll contact the district attorney on their behalf and negotiate a charge reduction, 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.
Moorpark, 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 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 hearing is to determine if you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you're out of luck. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's important to contact a Moorpark DUI defense lawyer right away after the arrest.
Potential Penalties for a DUI in Moorpark
Moorpark, CA, DUI criminal penalties are intimidating – 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 up against, depending on what your charges are:
| 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 Moorpark, CA legal sentence collateral consequences, such as elevated insurance costs and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. On the bright side, most first-time DUIs at this time will not result in deportation. 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 be put on the same level as serious felonies when it comes to immigration consequenceses. If you are currently applying to become a U.S. citizen, even if you aren't deported, it hurts your application process.
If any of the above situations apply to you, don't panic: Call one of our Moorpark, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs that will protect you from the harshest outcomes, fight against removal proceedings, 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 want to get back to life as normal, before the charges. The bad news is that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Moorpark, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's imperative to pick the right lawyer to take your case. Your team needs the expertise, background, and contacts to secure a positive outcome for your case. When looking for a DUI defense lawyer in Moorpark, CA, look for these signs:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and law enforcement, totalling over 50 years of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: You need connections to get a good plea deal. Our team will leverage our connections with the prosecutors in Moorpark and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in California.
- 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. If you're ready to join our list of successes, call now.
DUI Case Types We Fight in Moorpark
Whatever DUI charge you're up against in Moorpark, CA – all of our DUI defense attorneys are prepared to battle against the charges.
Here are some 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 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 Moorpark, CA
If you want to craft an effective defense strategy, our Moorpark, 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 Legality of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, we can challenge the evidence, and even the legitimacy of the case itself. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will look into any potential procedural errors, introduce alternative evidence when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. Our attorneys will review the footage 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. This may sound bad, but there are still ways to fight it. 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.
Start Your Defense Today – Call Our Moorpark DUI Defense Lawyers TODAY
After a DUI arrest, it can feel like you barely have a chance to think. Your license disappears, a law enforcement official might be asking you hard questions, you're told you have a court date…it's easy to feel overwhelmed. With everything going on, your best way out is to hire a DUI defense attorney immediately.
Don't sit by and watch the evidence mount against you. Don't wait too long and lose your driving privileges. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Moorpark, CA DUI charges. We're equipped with the tools to build your case fast and will can fight for your license and your freedom right away. Get a hold of us now at (800) 755-5174 or tell us about your case online for a no-obligation consultation.
We also provide the following legal services in Moorpark, CA:
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