DUI Lawyer Oxnard. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; 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 it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
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 battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's premier DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of experienced, high-quality lawyers who know how to protect you in the Oxnard, CA, justice system and find the best result for your case.
Don't wait and let your chance slip away. Get in touch without delay at (800) 755-5174 or tell us about your charges online to start building your case's defense today.
Oxnard, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing how to handle the situation is important for all Oxnard, CA, residents. Here are four tips from a Oxnard, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. 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 avoid that risk.
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. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Refuse Voluntary Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. 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
Acting belligerent and uncooperative won't help — it can end up making your case harder to defend. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Oxnard?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you refuse to be tested at all. The police can use other methods to determine whether or not you were safe to drive, generally with field sobriety tests, then make judgements based on the results.
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 start the minute the officer arrests you – right away, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're proceeding through the system, the police are updating your records with the DMV to account for the arrest, which means your license is officially suspended.
- Arraignment: While under arrest, you will attend a hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: While all of the criminal proceedings are going on, you'll have 10 days after the arrest to contact the DMV for a hearing.
- 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 Oxnard DUI defense lawyer will be filing motions, including motions to throw out illegal evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will negotiate with the Oxnard prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be preparing now.
- Criminal Trial: Your case probably will not go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on the result of your case, you may face some form of sentence. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and administrative side. Whatever stage in the process you're at, our team has the knowledge to guide you forward!
Oxnard, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Oxnard, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and insights into how we protect your freedom and license:
Oxnard, 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 – 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 defend your freedom and dissect the supposed wrongdoing. We'll examine the lawfulness of the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and look for evidence that can exonerate you.
With our defense strategies, we are almost always successful at protecting our Oxnard, CA, clients from jail time. Often, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Oxnard, CA, DUI License Suspension
On the other side of a Oxnard DUI charge is the DMV and your license suspension. This suspension is independent of the criminal case, and to effectively 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, your license can still be suspended even if you do not receive a criminal conviction. Instead, the entire DMV hearing is about whether or not 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. When you work with us, we'll question 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 back immediately. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's crucial to contact a Oxnard DUI defense attorney without delay after being arrested.
Potential Penalties for a DUI in Oxnard
Oxnard, CA, DUI criminal penalties can leave a mark on your record for life – even for the ones considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be facing, depending on how exactly your charged and your history:
| 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 |
In addition to any criminal sentence in Oxnard, CA, you're also facing collateral consequences, such as rising insurance rates 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 you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. For immigrants seeking citizenship, even if you aren't deported, it can set your efforts back by several years.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Oxnard, CA, immigration lawyer immediately. 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, defend you against efforts to expel you from the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, 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 keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. A Oxnard, CA, DUI defense attorney can help you out here, too, and give you a path to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Oxnard? It's crucial to pick the right lawyer to take your case. Your team needs the skills, experience, and contacts to provide the optimal outcome for your case. Here are the main things to look for in your Oxnard, CA, DUI defense lawyer:
- 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, prosecutors, and police, totalling more than 50 years of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. We're available 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Oxnard and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. 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: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. 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 Defend Against in Oxnard
Whatever DUI charge you're up against in Oxnard, CA – our DUI defense team is prepared stand by you against the charges.
Here are some of the DUI charges we can provide defenses for:
- 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 Oxnard, CA
When you work with the Law Offices of David S. Chesley, your Oxnard, CA, DUI attorney will draw from years of experience with effective defense strategies. 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.
Challenge 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, you might be able to secure a dismissal of the charges. This defense is effective if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With BAC 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 highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will examine the evidence and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, there are still ways to fight it. 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 – Speak With Our Oxnard DUI Defense Lawyers NOW
After a DUI arrest, things move pretty fast. You can't drive anymore, there could be interrogations, you're given a court date…it's easy to feel stressed out. With everything going on, your best way out is to speak to aOxnard, CA, DUI attorney immediately.
Don't give up and let the district attorney win. Don't wait too long and lose your driving privileges. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Oxnard, CA DUI charges. We're ready to take on your case now and will begin protecting your license and searching for positive outcomes right away. Call us now at (800) 755-5174 or tell us about your charges online for a no-obligation consultation.
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