DUI Lawyer Mountain View. If convicted, a DUI can permanently change your life for the worse. You're not just facing the loss of your license; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If the Mountain View, CA, district attorney is coming after you, you need help from a DUI defense expert. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is at your service.
We are California's premier DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you retain us, you're getting a team of legal experts who know how to operate the Mountain View, CA, justice system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Get a hold of us right away at (800) 755-5174 or tell us how we can help online to start preparing your defense strategy today.
Mountain View, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Mountain View, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. 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 avoid that risk.
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 at all points in the legal process. Even just saying "I only had two drinks" can work against you.
Tip #3: Refuse Voluntary Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. If you haven't been arrested, you can decline 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: Don't Argue With the Officer
Being rude won't improve your case — it will come back to bite you. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: By acting out or arguing, 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 Mountain View?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, likely utilizing field sobriety tests, then make judgements based on how you do.
As soon as you're 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 starts right away, when you're arrested – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, they are providing a record of the arrest to the Mountain View, CA, DMV, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, you will be summoned to a court hearing, and a prosecutor will inform you of the charges against you.
- 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. In the interim, your Mountain View DUI defense expert will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will communicate with the Mountain View prosecutor to find a plea deal that minimizes penalties for you. But if the prosecutor won't give you a favorable offer, your attorney should be refining a defense strategy now.
- Criminal Trial: It's rare that a DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- 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, we may be able to help you clean your record.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and driver's license side. If you're facing a potential conviction, give us a call so that we can help!
Mountain View, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Mountain View, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the DMV case. These will never be handled in the same hearing, but when you hire the right attorney, they can defend you in both cases.
Here are important factors for both case types, and our process for defending your freedom and driving privileges:
Mountain View, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 listen to your side of the story and attack the criminal accusations. We'll debate the legality of the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and look for evidence that can show the events in a more favorable light.
If you're facing jail time in Mountain View, CA, our attorneys can help you avoid it. 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 search for a deal that protects your freedom and avoids any jail sentence.
Mountain View, CA, DUI License Suspension
While your Mountain View criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. 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. These hearings have serious consequences that require an expert Mountain View, CA, DUI lawyer to navigate. At the hearing, we'll work to undermine 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 set up that hearing. This is why it's important to contact a Mountain View DUI defense lawyer right away after the traffic stop.
Punishments After a DUI Conviction in Mountain View, CA
Mountain View, CA, DUI criminal penalties can be harsh – while some are 'just' misdemeanors, you could still end up with a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be facing, depending on the nature of the allegations:
| 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 Mountain View, CA legal sentence collateral consequences, such as rising insurance rates and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 will become grounds for deportation. For individuals working on the naturalization process, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
These accusations can be intimidating, but they are not the end. Your Mountain View, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight to keep you in the country, and guide you through your citizenship application.
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. However, 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 Mountain View, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
When You're Picking a Mountain View, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's crucial to pick the right lawyer to represent you. Your team needs the skills, history, and connections to provide the optimal outcome for your case. When looking for a DUI defense lawyer in Mountain View, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and police officers, totalling over five decades of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. 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 team will leverage our connections with the prosecutors in Mountain View and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. 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 Fight in Mountain View
Criminal and administrative, whatever type of DUI charges you're fighting in Mountain View, CA – the Law Offices of David S. Chesley is prepared to battle against the charges.
Here is a list of the DUI charges 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 Strategies in Mountain View, CA
Whatever type of charge you're facing, our Mountain View, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Arrest
If the police did not follow proper procedure while stopping and examining you, we can challenge the evidence, and even the legitimacy of the case itself. 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 Chemical Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will look into any potential procedural errors, introduce alternative evidence when possible, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But field sobriety tests are not objective measures of whether you're safe to drive or not. An experienced Mountain View, CA, DUI attorney will know how to dissect any records and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. This may sound bad, but it's not the end of your case. 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.
Start Your Defense Today – Contact Our Mountain View DUI Defense Attorneys RIGHT AWAY
Mountain View, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. Your license disappears, law enforcement might try to do additional tests, you get a court date…it's easy to be lost. In order to find a way out of all that, you need to contact a lawyer now.
Don't wait for the prosecution to build a case against you. Don't lose your license because you missed the DMV hearing window. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Mountain View, CA DUI charges. We're prepared to start building your defense today and will begin protecting your license and your freedom as soon as you call. Get a hold of us now at (800) 755-5174 or tell us about your case online for a no-obligation case review.
We also provide the following legal services in Mountain View, CA:
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