DUI Lawyer Moorpark. DUI law in Moorpark is complex. You're not just facing the loss of your license; you're up against thousand dollar fines, years in jail, and more. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
When you're up against the CA legal system, you don't want to be alone. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the Moorpark, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
Acting fast is key to protecting your freedom and license. Talk to a lawyer anytime, day or night, at (800) 755-5174 or tell us how we can help online to start crafting your defense strategy today.
Moorpark, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but it's still important to know how to handle a traffic stop. Here are four tips from a Moorpark, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Keep Your Documents Together
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. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Treat the Officer Respectfully
Arguing with the officer won't help — it will make things worse. You should be respectful for more than its own sake, though; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
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 blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, generally with field sobriety tests, then make judgements based on your performance.
Once this happens, 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 effective immediately after your arrest – 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 processing this, they are informing the DMV about the arrest, officially suspending your license.
- Arraignment: While under arrest, you will go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: As soon as you're released from jail, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your Moorpark DUI defense lawyer will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will contact the Moorpark district attorney to try and secure a favorable deal before a trial. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
- Criminal Trial: Most DUI cases won't go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how you plea or are found, you may face consequences. 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 administrative side. If you're facing a potential conviction, our team has the knowledge to guide you forward!
DUIs in Moorpark, CA and Criminal Cases vs. DMV Hearings
Moorpark, 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 at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are the key things to be aware of for each, and what our attorneys will do for your justice and driving privileges:
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.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we protect your rights and push back against the allegations. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and hunt for other evidence that can tell a different story.
The vast majority of our DUI clients in Moorpark do not receive any jail sentence. Frequently, 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.
Moorpark, CA, DUI License Suspension
While your Moorpark criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and 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, you can lose your license regardless of the outcome of the criminal case. Instead, the outcome of the DMV hearing hinges on whether or not 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. When you work with us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, 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 request that hearing. This is why it's important to contact a Moorpark DUI defense lawyer promptly after the traffic stop.
DUI Punishments in Moorpark
Moorpark, CA, DUI criminal penalties can permanently affect your life – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be looking to avoid, depending on what your charges are:
| Alleged DUI Offense | 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 Moorpark, CA, you're also facing collateral consequences, such as loss or increased expense of insurance and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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 can result in removal from the country. For individuals working on the naturalization process, even if you aren't deported, it hurts your application process.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Moorpark, CA, immigration lawyer. 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 can protect you from a conviction, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. You'll find, though, 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. A Moorpark, CA, DUI defense attorney can help you out here, too, and give you a path to clean your record.
When You're Picking a Moorpark, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's essential to pick the right lawyer to defend you. Your team needs the proficiency, background, and contacts to secure a positive outcome for your case. When you speak with Moorpark, CA, DUI attorneys about your case, ask them about 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, totalling more than 50 years of experience with the law.
- Availability: DUI allegations can happen any time, day or night. You can get a hold of us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Moorpark and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. 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 want you to be our next success story.
DUI Case Types We Defend Against in Moorpark
Criminal and administrative, whatever type of DUI charges you're fighting in Moorpark, CA – your DUI defense lawyer from our team prepared to battle against the charges.
Here is a list of the DUI charges we can provide defenses for:
- 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 Moorpark, CA
Our Moorpark, 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 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, then the evidence arising from that traffic stop could be invalid. 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.
Show Issues With Chemical Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. We will look into any issues with how the equipment was stored or used, retest in some cases, using a "blood-split" motion, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' 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 show whether or not you were fairly judged.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. This may sound bad, but we won't give up yet. 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 – Speak With Our Moorpark DUI Defense Lawyers NOW
When you're up against Moorpark DUI charges, you'll hardly get a chance to catch your breath. You can't drive anymore, a law enforcement official might be asking you hard questions, you get a court date…it's easy to be out of control. With everything going on, your best way out is to contact a lawyer as soon as possible.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. 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 Moorpark, CA DUI charges. We're equipped with the tools to build your case immediately and will work on a strategy to defend your license and your liberty now. Call us now at (800) 755-5174 or tell us about your case online for a confidential case review.
We also provide the following legal services in Moorpark, CA:
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