DUI Lawyer Pasadena. DUI law in Pasadena is complex. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
Regardless of whether you're innocent or not, you need someone in your corner. Trying to fight against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is available to protect you in Pasadena.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you retain us, you're getting a team of accomplished defense attorneys who know how to navigate the Pasadena, CA, court system and get you the best outcome possible.
If you wait too long to build a defense, it could become too late. Get a hold of us anytime, day or night, at (800) 755-5174 or contact us online to start constructing your defense today.
Pasadena, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but knowing how to handle the situation is important for all Pasadena, CA, residents. Here are four tips from a Pasadena, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
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. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By keeping these documents on hand, you avoid that risk.
Tip #2: Don't Talk If 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 Fifth Amendment protections 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
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. 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: Don't Argue With the Officer
Resisting the police won't help — it will increase your chances of getting in trouble. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Pasadena?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely via field sobriety tests, then decide whether or not to arrest you based on your performance.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, the police are providing a record of the arrest to the Pasadena, CA, DMV, which updates their records to show your license as suspended.
- Arraignment: Before you are released, you will be summoned to a court hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- 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. Meanwhile, your Pasadena DUI defense attorney will building the framework of your defense and filing motions to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Pasadena prosecutor to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be crafting a strategy now.
- Criminal Trial: Your case probably will not go to trial, but we don't count on that possibility and will be ready if it does.
- 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, we may be able to help you clean your record.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!
Pasadena, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Pasadena, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and our process for defending your freedom and right to drive:
Pasadena, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Pasadena, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we present reasonable doubt and push back against the criminal accusations. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can present an alternate narrative.
If you're facing jail time in Pasadena, CA, our attorneys can help you avoid it. Commonly, we'll negotiate a plea deal 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.
Pasadena, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
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 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 participate in tests, whether or not you were properly informed of the consequences. When you work with a Pasadena, CA, DUI lawyer from our firm, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's important to contact a Pasadena DUI defense lawyer promptly after being arrested.
Potential Penalties for a DUI in Pasadena
Pasadena, CA, DUI criminal penalties can permanently affect your life – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be facing, 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 Pasadena, CA legal sentence collateral consequences, such as elevated insurance costs and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 individuals working on the naturalization process, 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 Pasadena, CA, immigration lawyer immediately. 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, defend you against efforts to expel you from the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, it's natural to want to move on and leave this in the past. However, 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. A Pasadena, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a chance to clean your record.
Top DUI Defense Attorneys in Pasadena: What You Need to Know
Accused of a DUI in Pasadena? It is essential to pick the right lawyer to represent you. Your team needs the skills, background, and connections to offer the best possible outcome for your case. When evaluating DUI lawyers in Pasadena, CA, you want to judge the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police, totalling more than 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our team is prepared to help you 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Pasadena and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. 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 Fight in Pasadena
Whatever DUI charge you're up against in Pasadena, CA – our DUI defense attorneys are prepared to defend you against the charges.
Here is a list of the DUI case types we often 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 Pasadena, CA
If you want to craft an effective defense strategy, our Pasadena, CA, DUI lawyers are here to help. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legitimacy of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, your case could be thrown out on legal grounds. This defense is a good option if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Blood, Breath, and/or Urine 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. Our team will investigate whether or not the procedure was followed when administering the tests, retest when possible, 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 there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and point out situations where law enforcement unfairly failed our clients on these tests.
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. This may sound bad, but there are still ways to fight it. We can examine your diet and medical conditions to find alternative explanations.
Get Immediate Help – Contact Our Pasadena DUI Defense Attorneys TODAY
DUI allegations are no joke. After you've been charged, things move pretty fast. You lose your right to drive, you could find yourself in an interrogation room, you're given a court date…it's easy to be out of control. To fight through the allegations, your first step is to get in touch with an attorney immediately.
Don't wait for the prosecution to build a case against you. Don't lose your ability to drive without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Pasadena, CA DUI charges. We're prepared to start building your defense today and will work on a strategy to defend your license and your freedom right away. Talk with one of us now at (800) 755-5174 or set up an appointment online for a no strings attached consultation.
We also provide the following legal services in Pasadena, CA:
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