DUI Lawyer Ontario. DUI law in Ontario is complex. Besides losing your license, there's a lot at stake; if you're facing years in prison for a repeat offense, your car is the least of your worries. If you declined to take an alcohol test, you can face separate charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you're facing these types of charges in CA, you should consult with an expert to find your best path forward. Trying to defend yourself against the charges is a fight that you need a team for, which is why the Law Offices of David S. Chesley is available to protect you in Ontario.
We are California's premier DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of accomplished defense attorneys who know how to fight for you in the Ontario, CA, court system and provide paths to positive outcomes.
Don't wait and let your chance slip away. Speak with one of our attorneys today at (800) 755-5174 or tell us about your case online to start constructing your defense strategy today.
Ontario, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but knowing how to handle the situation is important for all Ontario, CA, residents. Below are four tips from a Ontario, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. By keeping these documents on hand, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Automatically Consent to 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, 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: Be Polite and Don't Argue
Refusing to cooperate with the police won't help — it will increase your chances of getting in trouble. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Ontario?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably utilizing field sobriety tests, then make judgements based on your performance.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can begin as soon as you're arrested – you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, they are updating your records with the DMV to account for the arrest, officially suspending your license.
- Arraignment: Before you are released, you will be summoned to a court hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: While all of the criminal proceedings are going on, 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: You'll likely be given bail or released on your own recognizance. In the meantime, your Ontario DUI defense attorney will be filing motions, including motions to suppress evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will contact the Ontario district attorney to avoid a trial with a plea deal that protects you. But if you end up on trial in front of a judge, your attorney should be preparing now.
- Criminal Trial: Only a small percentage of DUI charges 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 how your case turns out, you may face sanctions. 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 help you fight any allegation, on both the criminal defense and driver's license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), our team has the knowledge to guide you forward!
Ontario DUI Allegations and Criminal Cases vs. DMV Hearings
Ontario, CA, DUI charges include two separate fights: The criminal case and the license suspension. Different CA organizations cover each of these aspects, 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 how we fight to protect your justice and driving privileges:
Ontario, 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.
The general court process is the same as any other criminal case – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we build your defense and discredit the charges. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, 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 Ontario, CA, clients from jail time. Commonly, 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 out probation over jail or prison time.
Ontario, CA, DUI License Suspension
While your Ontario criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and 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 outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, 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, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's vital to contact a Ontario DUI defense attorney without delay after an arrest.
Punishments After a DUI Conviction in Ontario, CA
Ontario, 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.
In this table, you can review the different penalties you could be looking to avoid, depending on how exactly your charged and your history:
| 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 |
Beyond any sentence that a judge in Ontario, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
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 certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI can result in removal from the country. If you are trying to become an American citizen, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Ontario, CA, immigration lawyer. 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 and plea deals that can keep a DUI off your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, odds are, you'll want to leave it in the past and move forward with your life. The bad news is that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Ontario, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's crucial to pick the right lawyer to defend you. Your team needs the expertise, experience, and relationships to give you opportunities for a positive outcome for your case. When looking for a DUI defense lawyer in Ontario, CA, look for these signs:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, several of our members are former judges, district attorneys, and police officers, totalling over five decades of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our offices are always available if you need to talk 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Ontario and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- 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. We want you to be our next success story.
DUI Case Types We Defend Against in Ontario
Whatever DUI charge you're up against in Ontario, CA – your DUI defense lawyer from our team prepared stand by you against the charges.
Here are some of the DUI allegations 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 Ontario, CA
If you want to craft an effective defense strategy, our Ontario, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, your case could be thrown out on legal grounds. This defense is a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in 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. Our team will look into any potential procedural errors, retest when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' 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. We will audit the test records and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. This may sound bad, but our lawyers have more defense strategies we can pull from. 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.
Get Rapid Assistance – Call Our Ontario DUI Defense Lawyers TODAY
If you've been arrested or accused of a DUI in Ontario, CA, it feels like there's no space to breathe. Your license disappears, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to be out of control. And that's why it's all the more important to contact a lawyer right away.
Don't give up and let the district attorney win. Don't let your license go without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Ontario, CA DUI charges. We're equipped with the tools to build your case today and will begin protecting your license and keep you out of jail as soon as you call. Call us now at (800) 755-5174 or get in touch online for a no strings attached consultation.
We also provide the following legal services in Ontario, CA:
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