DUI Lawyer Orange. Orange DUI charges are very serious. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. If you declined to take an alcohol test, you can face separate charges, and the consequences you face might be even worse than a DUI conviction. And DUIs involving drugs are treated differently than those involving alcohol.
If you've been accused of a DUI in Orange, CA, you should consult with an expert to find your best path forward. Trying to navigate the laws and the courts is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is available to protect you in Orange.
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 protect you in the Orange, CA, judicial system and get you the best outcome possible.
If you want to build an effective defense, you need to act now. Get in touch as soon as possible at (800) 755-5174 or send us a note online to start crafting your defense strategy today.
Orange, 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 Orange, CA, residents. Below are four tips from a Orange, CA, DUI Lawyer for you that will guide you through your next traffic stop:
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. 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 already have them ready, 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 any form of questioning. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. The officer may not like it, but they can't compel you to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Respect the Law Enforcement Officer
Acting belligerent and uncooperative won't improve your case — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also aids your defense: If you try to talk back or argue with the officer, 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 Orange?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't blow at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically using field sobriety tests, then decide whether or not to arrest you based on how you do.
If you've been placed under arrest, 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 can begin as soon as you're arrested – when arrested, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, the police are contacting the DMV about your DUI arrest, officially suspending your license.
- Arraignment: At some point when you're in jail, you will be summoned to a court hearing, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Separate from the criminal charges, 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: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the interim, your Orange DUI defense expert will file pretrial motions, likely including some to review the arrest footage, 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 work directly with the Orange prosecutor to present you with plea deal offers that could protect your freedom. 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 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 help you with any step of the legal process, on both the criminal defense and DMV side. Whatever stage in the process you're at, give us a call so that we can help!
Defending Against Orange DUIs: Criminal Cases vs. DMV Hearings
Orange, 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. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and how we fight to protect your justice and right to drive:
Orange, 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.
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 provide expert defense and push back against the supposed wrongdoing. We'll debate the legality of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Orange, CA. For several cases, 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.
Orange, 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 is automatically applied, and to successfully 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 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 a Orange, CA, DUI lawyer from our firm, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, 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 critical to contact a Orange DUI defense attorney right away after an arrest.
Punishments After a DUI Conviction in Orange, CA
Orange, CA, DUI criminal penalties can permanently affect your life – while many are considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be up against, depending on what your charges are:
| 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 Orange, CA legal sentence collateral consequences, such as more expenses on your insurance and career setbacks.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 something made this allegation more serious, like an injured bystander, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI conviction will qualify an immigrant for deportation. For immigrants seeking citizenship, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Orange, CA, immigration lawyer immediately. 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, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, it's natural to want to move on and leave this in the past. Unfortunately, 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. Our Orange, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Orange: What You Need to Know
Defending yourself against a DUI in Orange? It's critical to pick the right lawyer to defend you. Your team needs the abilities, preparation, and contacts to find the best outcome for your case. The top Orange, CA, DUI defense attorneys will have all of the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, prosecutors, and police officers, totalling over five decades of experience.
- Availability: You should be able to get help fast, whenever you need it. You can get a hold of us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Orange and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Take On in Orange
Administrative, criminal, or anything else related to DUIs in Orange, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Here are some of the DUI case types we typically 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 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 Strategies in Orange, CA
If you want to craft an effective defense strategy, our Orange, CA, DUI lawyers are here to help. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legitimacy of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, you might be able to secure a dismissal of the charges. 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.
Show Issues With BAC 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, push for tests to be redone, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a typical part of any traffic stop that turns into a DUI investigation. But these tests are subjective. We will examine the evidence and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. While this is can be difficult to overcome, you do still have viable defense strategies. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Timing is Critical – Talk To Our Orange DUI Defense Lawyers TODAY
If you've been arrested or accused of a DUI in Orange, CA, you'll hardly get a chance to catch your breath. You can't drive anymore, you could find yourself in an interrogation room, you get a court date…it's easy to feel stressed out. In order to find a way out of all that, you need to get in touch with an attorney as soon as possible.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Orange, CA DUI charges. We're prepared to start building your defense today and will work on a strategy to defend your license and your rights now. Call us now at (800) 755-5174 or tell us about your charges online for a confidential consultation.
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