DUI Lawyer Oakland, CA

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DUI Lawyer Oakland. The consequences of a DUI can be devastating. This isn't just an administrative issue; depending on your history, you could go to prison. You can face DUI charges even for just refusing to take the tests, and the consequences you face might be even worse than a DUI conviction. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.

Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to defend yourself against the charges is a problem you shouldn't have to solve without help, 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 have over 50 years of combined courtroom experience. When you choose us, you're getting a team of accomplished defense attorneys who know how to protect you in the Oakland, CA, legal 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. Get a hold of us without delay at (800) 755-5174 or tell us about your case online to start building your case's defense today.

Oakland, CA, DUI Lawyer Traffic Stop Tips:

We'd all love to drive without any risk of being pulled over, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Oakland, CA, DUI Lawyer for you that will guide you through your next traffic stop:

Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. 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: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent both before and after an arrest. 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. The officer may not like it, but they can't compel you to participate. 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
Resisting the police won't improve your case — it will likely be something you regret. This isn't just something you're doing out of courtesy, though; 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 Oakland?

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, typically via field sobriety tests, then make judgements based on that.

As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:

1. Suspension: Your license suspension can go into effect at the time of the arrest – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. Meanwhile, the police are contacting the DMV about your DUI arrest, which means your license is officially suspended.
2. Arraignment: Sometime after arriving at the police station, you will be brought before a judge, and a prosecutor will inform you of the charges against you.
3. DMV Hearing: As soon as you're released from jail, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
4. Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Oakland DUI defense attorney will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to have another test run on your blood sample.
5. Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will negotiate with the Oakland prosecutor to try and secure a favorable deal before a trial. But if it does go to trial, your attorney should be refining a defense strategy now.
6. Criminal Trial: Most DUI cases won't 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 .
7. Sentencing/Sealing: Depending on the outcome of your case, you may face sanctions. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.

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, our team has the knowledge to guide you forward!

Oakland DUI Allegations and Criminal Cases vs. DMV Hearings

Oakland, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. This will always require two separate defenses, but a leading DUI defense attorney from our offices will fight for you in both cases.

Here are things to watch out for with both cases, and insights into how we protect your freedom and driving privileges:

Oakland, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.

Most of the steps in a DUI criminal case are identical to that of another criminal charge – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.

At the Law Offices of David S. Chesley, we provide expert defense and dissect the charges. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can show you are not guilty.

With our defense strategies, we are almost always successful at protecting our Oakland, CA, clients from jail time. Commonly, we'll negotiate a plea deal to reduce the charges, 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.

Oakland, 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 effectively 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, no matter what the court decision was, it won't automatically give you back your license. Instead, this administrative hearing is focused on if you were legitimately 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 hire us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.

After ten days, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's crucial to contact a Oakland DUI defense attorney immediately after the arrest.

Oakland DUI Sentences and Consequences

Oakland, CA, DUI criminal penalties can permanently affect your life – even though some are misdemeanors, you could still end up with a year in jail, or six months for a first offense.

Below, you can read through the different penalties you could be fighting against, depending on what your charges are:

You'll also be facing significant collateral consequences, such as rising insurance rates and roadblocks when applying for professional licenses.

DUIs and Immigration

DUI immigration consequences can turn your world upside down. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically result in deportation. 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 conviction will qualify an immigrant for deportation. If you are currently applying to become a U.S. 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 Oakland, 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 that will protect you from the harshest outcomes, fight to keep you in the country, and offer expert advice as you apply for citizenship.

After the Case: Expungement/Sealing

Whether your case ends in a conviction or an acquittal, it's natural to want to move on and leave this in the past. 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, it might be possible to either expunge or seal your records. Fortunately, if you're in Oakland, CA, our DUI lawyers will also fight to protect you in this way, and give you a way to clean your record.

How to Pick the Right DUI Defense Lawyer

Defending yourself against a DUI in Oakland? It's critical to pick the right lawyer to represent you. Your team needs the proficiency, background, and relationships to secure a positive outcome for your case. When evaluating DUI lawyers in Oakland, CA, you want to judge the following:

1. 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, totalling more than five decades of experience with the law.
2. Availability: DUI allegations can happen any time, day or night. We're available 24/7.
3. Relationships: You need connections to get a good plea deal. Our team will leverage our connections with the prosecutors in Oakland and all throughout CA.
4. Reputation: The best lawyers are often professionally recognized. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
5. Track Record of Success: Winners win. It's as simple as that. And we win, a lot. 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 in Oakland

Criminal and administrative, whatever type of DUI charges you're fighting in Oakland, CA – all of our DUI defense attorneys are prepared stand by you against the charges.

Here are some of the DUI charges we typically defend:

DUI Defense Tactics in Oakland, CA

Our Oakland, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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 Arrest
If law enforcement made a mistake while conducting their investigation, we can argue for your case to be dismissed. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.

Flaws in BAC Tests
Many DUI cases center around a blood-alcohol content test. We will investigate any possible errors that were made when you took the test, 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 '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. We will audit the test records and look for expert analysis that will show your performance in a more favorable light.

Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. While this is can be difficult to overcome, we won't give up yet. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.

Start Your Defense Today – Contact Our Oakland DUI Defense Lawyers TODAY

After a DUI arrest, it can feel like you barely have a chance to think. Your license is suspended, a law enforcement official might be asking you hard questions, you're told you have a court date…it's easy to be overwhelmed. Your path forward begins when you call a DUI defense lawyer as soon as possible.

Don't give the state a chance to put you behind bars. Don't miss your chance for a DMV administrative hearing to protect your license. 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 Oakland, CA DUI charges. We're prepared to start building your defense now and will work on a strategy to defend your license and your rights today. Speak with a lawyer now at (800) 755-5174 or set up an appointment online for a no strings attached case review.

We also provide the following legal services in Oakland, CA:

• Criminal Defense Lawyer