DUI Lawyer Newport Beach. If you're up against a DUI in Newport Beach, it can feel overwhelming. You're not just facing the loss of your license; you're also facing jail time, fines, and other penalties. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to navigate the laws and the courts 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 Newport Beach, CA.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you retain us, you're getting a team of accomplished defense attorneys who know how to protect you in the Newport Beach, CA, legal system and will always be honest with you about the state of your case and the best path forward.
If you want to build an effective defense, you need to act now. Get a hold of us anytime, day or night, at (800) 755-5174 or send us a note online to start putting together your case's defense today.
Newport Beach, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Newport Beach, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you don't need to search for them, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent both before and after an arrest. Call your DUI lawyer and stay quiet until they arrive.
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. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Be Polite and Don't Argue
Acting belligerent and uncooperative won't improve your case — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; 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 Newport Beach?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, 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, typically utilizing field sobriety tests, then decide whether or not to arrest you based on your performance.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, the police are informing the DMV about the arrest, at which point, you're officially facing a license suspension.
- Arraignment: At some point when you're in jail, you will be brought before a judge, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Most people accused of DUIs in Newport Beach, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Newport Beach DUI defense expert will building the framework of your defense and filing motions to throw out illegal evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will work directly with the Newport Beach prosecutor to avoid a trial with a plea deal that protects you. But if the case goes to trial, your attorney should be refining a defense 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 sanctions. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and driver's license side. Whatever stage in the process you're at, you can start with a call to our offices!
Defending Against Newport Beach DUIs: Criminal Cases vs. DMV Hearings
Newport Beach, 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 a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and insights into how we protect your freedom and vehicular rights:
Newport Beach, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Newport Beach, CA, court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we build your defense and dissect the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can show the events in a more favorable light.
We have an extremely strong track record of clients who have avoided jail time in Newport Beach, CA. For several cases, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Newport Beach, 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 is independent of the criminal case, and if you want 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 hearing is to determine if you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you're out of options. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's vital to contact a Newport Beach DUI defense attorney as soon as you can after being arrested.
Newport Beach DUI Sentences and Consequences
Newport Beach, CA, DUI criminal penalties can be harsh – even for the ones 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 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 |
On top of whatever sentence you receive in Newport Beach court, you have to endure several collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 be put on the same level as serious felonies when it comes to immigration consequenceses. For individuals working on the naturalization process, 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 Newport Beach, CA, immigration lawyer can help you navigate the situation. 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, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you're liking looking forward to putting this all behind you. It doesn't take long to realize, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Newport Beach, CA, DUI defense lawyer can help you with these processes, 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 important to pick the right lawyer to defend your innocence. Your team needs the skills, preparation, and connections to give you opportunities for a positive outcome for your case. The top Newport Beach, 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, our DUI lawyers have previous experience as judges, prosecutors, and police officers, totalling more than five decades of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our lines are never off, and you can contact us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Newport Beach and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades 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. If you're ready to join our list of successes, call now.
DUI Case Types We Defend Against in Newport Beach
Administrative, criminal, or anything else related to DUIs in Newport Beach, CA – our DUI defense attorneys are prepared for the charges.
Below are some of the DUI allegations we regularly 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 Newport Beach, CA
Every DUI case needs a defensive strategy, and our Newport Beach, CA DUI defense lawyers are here to help you find the right one. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Contest the Legality of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, then the evidence arising from that traffic stop could be invalid. This defense is relevant 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 BAC Tests
Many DUI cases center around a blood-alcohol content test. Our team will investigate any possible errors that were made when you took the test, re-examine the evidence to look for alternate explanations, 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 normal part of the process when police are evaluating if someone is driving intoxicated or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Our attorneys will review the footage and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. This may sound bad, but there are still ways to fight it. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Immediate Help – Talk To Our Newport Beach DUI Defense Lawyers NOW
Newport Beach, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. The police officer takes your license, you might be interrogated, you're told you have a court date…it's easy to be lost. What you need to do is speak to an attorney right away.
Don't give the state a chance to put you behind bars. Don't wait too long and lose your driving privileges. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Newport Beach, CA DUI charges. We're equipped with the tools to build your case right now and will can fight for your license and your rights right away. 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 Newport Beach, CA:
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