DUI Lawyer Orange. If you're up against a DUI in Orange, it can feel overwhelming. You're not just facing the loss of your license; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If the Orange, CA, district attorney is coming after you, you need someone in your corner. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's top DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you work with us, you're getting a team of experienced, high-quality lawyers who know how to navigate the Orange, CA, legal system and provide paths to positive outcomes.
If you wait too long to build a defense, it could become too late. Get in touch anytime, day or night, at (800) 755-5174 or tell us about your charges online to start preparing your defense strategy today.
Orange, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, 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: Keep Your Documents Together
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have Fifth Amendment protections at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you are 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: Be Polite and Don't Argue
Resisting the police won't improve your case — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, 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 even if you blow below the legal limit, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, typically via 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. Most DUI cases in Orange, CA, follow this progression:
- Suspension: Your license suspension starts right away, when you're arrested – on the spot, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're processing this, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: While under arrest, you will go to court, and a prosecutor will list out the laws you're accused of breaking.
- 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: Most people accused of DUIs in Orange, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the meantime, your Orange DUI defense lawyer will file pretrial motions, likely including some to dismiss charges, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will communicate with the Orange prosecutor to find a plea deal that minimizes penalties for you. But if the case goes to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on the outcome of your case, you may face penalties. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and DMV side. If you need help today, the Law Offices of David S. Chesley are here for you!
Orange DUI: Fighting Criminal Cases vs. DMV Hearings
Orange, CA, DUI charges include two separate fights: The criminal case and the fight for your license. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and ways we defend your freedom and right to drive:
Orange, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
The general court process is the same as any other criminal case – 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 listen to your side of the story and dissect the supposed wrongdoing. We'll argue whether the police had the justification needed to pull you over, display flaws in the officer's analysis, look for faults in laboratory examinations, and search for other witnesses or evidence that can exonerate you.
If you're facing jail time in Orange, CA, our attorneys can help you avoid it. Often, 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
On the other side of a Orange DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, this administrative hearing is focused on if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's crucial to contact a Orange DUI defense attorney as soon as you can after the arrest.
Orange DUI Sentences and Consequences
Orange, CA, DUI criminal penalties can leave a mark on your record for life – while some are 'just' misdemeanors, you're still facing 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 the circumstances of the alleged offense:
| 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 |
In addition to any criminal sentence in Orange, CA, you're also facing collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences are very serious. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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. If you are trying to become an American citizen, even if you aren't deported, it hurts your application process.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Orange, 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 that can protect you from a conviction, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, odds are, you'll want to leave it in the past and move forward with your life. It doesn't take long to realize, though, that 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 Orange, CA, DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
When You're Picking a Orange, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's key to pick the right lawyer to defend you. Your team needs the talent, history, and contacts to secure a positive outcome for your case. When you speak with Orange, CA, DUI attorneys about your case, ask them about the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police, totalling over 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. You can speak with one of our team members 24/7.
- Relationships: You need connections to get a good plea deal. Our team will leverage our connections with the prosecutors in Orange and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Take On in Orange
Criminal and administrative, whatever type of DUI charges you're fighting in Orange, CA – our DUI defense team is prepared stand by you against the charges.
Here are some of the DUI cases 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 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 Orange, CA
Every DUI case needs a defensive strategy, and our Orange, CA DUI defense lawyers are here to help you find the right one. 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 Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, we can argue for your case to be dismissed. 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 Blood, Breath, and/or Urine Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will look into any potential procedural errors, re-examine the evidence to look for alternate explanations, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. This may sound bad, but you do still have viable defense strategies. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Get Immediate Help – Talk To Our Orange DUI Defense Lawyers AS SOON AS POSSIBLE
After a DUI arrest, it feels like there's no space to breathe. You lose your license, you could find yourself in an interrogation room, you're assigned a court date…it's easy to feel overwhelmed. Your path forward begins when you call aOrange, CA, DUI attorney right away.
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 just hope it will all just go away. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Orange, CA DUI charges. We're ready to take on your case today and will start safeguarding your license and your liberty now. Reach out to us now at (800) 755-5174 or tell us about your charges online for a no strings attached case review.
We also provide the following legal services in Orange, CA:
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