DUI Lawyer Palmdale. Palmdale DUI charges are very serious. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you find yourself in this situation, you don't want to be alone. Trying to defeat the allegations is a fight that you need a team for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's premier DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of legal experts who know how to navigate the Palmdale, CA, justice system and get you the best outcome possible.
If you want to build an effective defense, you need to act now. Get a hold of us today at (800) 755-5174 or contact us online to start building your case's defense today.
Palmdale, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Palmdale, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you don't need to search for them, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent during the entirety of your interactions with the law. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Don't Argue With the Officer
Being rude won't improve your case — it will make things worse. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Palmdale?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably through field sobriety tests, then make arrests based on their evaluation of you.
Once you've been arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can start the minute the officer arrests you – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, the police are ensuring that the arrest is added to your DMV record, beginning the formal suspension.
- Arraignment: At some point when you're in jail, you will be summoned to a court hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Palmdale DUI defense lawyer will laying the groundwork of your defense through motions to suppress unlawfully collected evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will negotiate with the Palmdale prosecutor to present you with plea deal offers that could protect your freedom. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
- Criminal Trial: It's rare that a DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and administrative side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), you can start with a call to our offices!
DUIs in Palmdale, CA and Criminal Cases vs. DMV Hearings
Palmdale, CA, DUI charges are always a two-pronged challenge: The criminal case and the driver's case. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.
Here are some things you need to know about both, and our process for defending your liberty and ability to drive:
Palmdale, 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 – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we provide expert defense and attack the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can exonerate you.
With our defense strategies, we are almost always successful at protecting our Palmdale, CA, clients from jail time. For many clients, 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.
Palmdale, CA, DUI License Suspension
On the other side of a Palmdale DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to effectively 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 receive a "not guilty" verdict, you can still lose your license. Instead, the focus of this hearing is whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Palmdale, CA, DUI lawyer to navigate. At the hearing, 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 back immediately. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's critical to contact a Palmdale DUI defense lawyer right away after an arrest.
DUI Punishments in Palmdale
Palmdale, 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.
On this table, you can review the different penalties you could be up against, depending on the circumstances of the alleged offense:
| DUI Criminal 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 any sentence that a judge in Palmdale, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can be devastating. On the bright side, most first-time DUIs at this time will not result in deportation. 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 currently applying to become a U.S. citizen, even if you aren't deported, it can set your efforts back by several years.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Palmdale, CA, immigration lawyer. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs with alternatives to criminal sentencing, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Palmdale, CA, DUI defense attorney can help you out here, too, and give you a path to clean your record.
Top DUI Defense Attorneys in Palmdale: What You Need to Know
When you're facing DUI charges, it's key to pick the right lawyer to take your case. Your team needs the abilities, background, and ties to find the best outcome for your case. When looking for a DUI defense lawyer in Palmdale, CA, look for these signs:
- 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 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 team is prepared to help you 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We know how to connect with the prosecutors in Palmdale and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud of our reputation with former clients 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. We're ready to add you to our list of success stories.
DUI Case Types We Defend Against in Palmdale
It doesn't matter what kind of DUI you're facing in Palmdale, CA – our DUI defense team is prepared to battle against the charges.
This is a list of the DUI case types we regularly 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 Palmdale, CA
Our Palmdale, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest 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, then the evidence arising from that traffic stop could be invalid. This defense could be used if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. We will look into any potential procedural errors, re-examine the evidence to look for alternate explanations, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are standard practice for police officers to use. 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 show whether or not you were fairly judged.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. Even though this is harder to fight, there are still ways to fight it. 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.
Start Your Defense Today – Talk To Our Palmdale DUI Defense Lawyers TODAY
Palmdale, CA, DUI accusations are serious. After an arrest, it can be a whirlwind of legal processes. The police officer takes your license, you might be interrogated, you're informed of a court date…it's easy to be out of control. In order to find a way out of all that, you need to speak to a DUI defense attorney immediately.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Palmdale, CA DUI charges. We're equipped with the tools to build your case today and will work on a strategy to defend your license and your freedom now. Call us now at (800) 755-5174 or fill out our contact form online for a confidential consultation.
We also provide the following legal services in Palmdale, CA:
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