DUI Lawyer Palo Alto. If convicted, a DUI can permanently change your life for the worse. Besides losing your license, there's a lot at stake; criminal charges can result in prison, fines, and additional harsh penalties. 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.
Regardless of whether you're innocent or not, you need help from a DUI defense expert. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's top DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you hire us, you're getting a team of experienced, high-quality lawyers who know how to protect you in the Palo Alto, CA, court system and will always be honest with you about the state of your case and the best path forward.
If you want to build an effective defense, you need to act now. Talk to a lawyer today at (800) 755-5174 or tell us about your case online to start putting together your defense today.
Palo Alto, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but it's still important to know how to handle a traffic stop. Below are four tips from a Palo Alto, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked 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 don't need to search for them, 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 the right to remain silent at all points in the legal process. Even just saying "I only had two drinks" can work against you.
Tip #3: Refuse Voluntary 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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Respect the Law Enforcement Officer
Resisting the police won't help — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also helps your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Palo Alto?
California DUI Law allows an officer to arrest you even if you BAC is below .08, 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, probably using field sobriety tests, then arrest you based on their evaluation of you.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension effective immediately after your arrest – at that time, 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 contacting the DMV about your DUI arrest, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. While you're waiting for the trial, your Palo Alto DUI defense lawyer will laying the groundwork of your defense through motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will communicate with the Palo Alto district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if you end up on trial in front of a judge, your attorney should be refining a defense strategy now.
- Criminal Trial: Most DUI cases won't go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case proceeds, you may face a punishment. 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 help you fight any allegation, on both the criminal defense and driver's license side. If you're facing a potential conviction, we have the experience to help you move towards a positive outcome!
DUIs in Palo Alto, CA and Criminal Cases vs. DMV Hearings
Palo Alto, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. In CA, these are always two separate processes, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and how we fight to protect your freedom and vehicular rights:
Palo Alto, 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.
Criminal cases, including DUIs, all follow the same basic process – 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 attack the supposed wrongdoing. We'll examine the lawfulness of the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and hunt for other evidence that can show you are not guilty.
If you're facing jail time in Palo Alto, CA, our attorneys can help you avoid it. For several cases, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Palo Alto, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and 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, no matter what the court decision was, it won't automatically give you back your license. Instead, the entire DMV hearing is about whether or not you were lawfully 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 hire us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's important to contact a Palo Alto DUI defense attorney immediately after being arrested.
Potential Penalties for a DUI in Palo Alto
Palo Alto, 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.
Here's an outline of the different penalties you could be trying to avoid, 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 |
Beyond the Palo Alto, CA legal sentence collateral consequences, such as elevated insurance costs and roadblocks when applying for professional licenses.
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. For immigrants seeking citizenship, even if you aren't deported, it can set your efforts back by several years.
These accusations can be intimidating, but they are not the end. Your Palo Alto, CA, immigration lawyer can give you practical advice on what comes next. 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 to protect your record, fight to keep you in the country, 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. Unfortunately, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Palo Alto, CA, DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Palo Alto? It's essential to pick the right lawyer to fight for you. Your team needs the abilities, history, and connections to provide the optimal outcome for your case. When you speak with Palo Alto, CA, DUI attorneys about your case, ask them about the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police officers, totalling more than 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We're familiar with the prosecutors in Palo Alto 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: 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. If you're ready to join our list of successes, call now.
DUI Case Types We Take On in Palo Alto
It doesn't matter what kind of DUI you're facing in Palo Alto, CA – our DUI defense attorneys are prepared stand by you against the charges.
Here are some 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 Tactics in Palo Alto, CA
Our Palo Alto, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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.
Contest the Legality of the Arrest
If the police did not follow proper procedure while stopping and examining you, then the evidence arising from that traffic stop could be invalid. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Blood, Breath, and/or Urine Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team will look into any issues with how the equipment was stored or used, push for tests to be redone, and advocate for you during the discovery process to identify flaws in the state's evidence.
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 you can still challenge them – they are not ironclad proof of guilt. 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
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, 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.
Get Immediate Help – Call Our Palo Alto DUI Defense Attorneys AS SOON AS POSSIBLE
DUI allegations are no joke. After you've been charged, it can feel like you don't even have time to think. You lose your license, you might be interrogated, you're assigned a court date…it's easy to be stressed out. In order to find a way out of all that, you need to speak to an attorney immediately.
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 protect you.
We're experts at defending all Palo Alto, CA DUI charges. We're equipped with the tools to build your case fast and will work on a strategy to defend your license and searching for positive outcomes immediately. Reach out to us now at (800) 755-5174 or let us know what you need online for a no strings attached case review.
We also provide the following legal services in Palo Alto, CA:
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