DUI Lawyer Petaluma. Petaluma DUI charges are very serious. This isn't just an administrative issue; depending on your history, you could go to prison. If you declined to take an alcohol test, you can face separate charges, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you find yourself in this situation, you don't want to be alone. Trying to defend yourself against the charges is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Petaluma, CA.
We are California's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you choose us, you're getting a team of legal experts who know how to navigate the Petaluma, CA, judicial system and get you the best outcome possible.
Don't wait and let your chance slip away. Talk to a lawyer now at (800) 755-5174 or tell us about your charges online to start preparing your defense strategy today.
Petaluma, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Petaluma, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. By keeping these documents on hand, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have the right to remain silent during any form of questioning. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Be Polite and Don't Argue
Acting belligerent and uncooperative won't improve your case — it will come back to bite you. This is about more than just avoiding an arrest in the short term; it also aids your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Petaluma?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically via field sobriety tests, then make arrests based on your performance.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can go into effect at the time of the arrest – on the spot, you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, they are updating your records with the DMV to account for the arrest, which means your license is officially suspended.
- Arraignment: At some point when you're in jail, you will go to court, 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: Most people accused of DUIs in Petaluma, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your Petaluma DUI defense lawyer will file motions to strengthen your defense, such as ones to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will bargain with the Petaluma district attorney to find a plea deal that minimizes penalties for you. But if the prosecutor won't give you a favorable offer, your attorney should be creating a defense now.
- Criminal Trial: Most DUI cases won't go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the outcome of your case, you may face some form of sentence. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and DMV side. No matter where you are in your case, our team has the knowledge to guide you forward!
Petaluma DUI Allegations and Criminal Cases vs. DMV Hearings
Petaluma, 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 a skilled DUI defense attorney will help you with both.
Here are descriptions of both case categories, and insights into how we protect your justice and vehicular rights:
Petaluma, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
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 listen to your side of the story and attack the supposed wrongdoing. We'll deconstruct the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can show the events in a more favorable light.
We know what it takes to keep DUI defense clients out of jail in Petaluma, CA. Commonly, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Petaluma, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension goes into effect automatically, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the hearing is to determine if 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 work with us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's important to contact a Petaluma DUI defense lawyer right away after the arrest.
Petaluma DUI Sentences and Consequences
Petaluma, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, you're still facing 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:
| 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 |
Beyond any sentence that a judge in Petaluma, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically 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 can result in removal from the country. For individuals working on the naturalization process, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
If any of the above situations apply to you, don't panic: Call one of our Petaluma, CA, immigration lawyers to get immediate help. 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 can protect you from a conviction, fight to keep you in the country, and act as your guide through 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. You'll find, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Petaluma, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
When You're Picking a Petaluma, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's imperative to pick the right lawyer to defend you. Your team needs the expertise, history, and contacts to provide the optimal outcome for your case. Here are the main things to look for in your Petaluma, CA, DUI defense lawyer:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police officers, totalling over 50 years of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. You can speak with one of our team members 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Petaluma and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. 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 Fight in Petaluma
Administrative, criminal, or anything else related to DUIs in Petaluma, CA – our DUI defense attorneys are prepared for the charges.
This is a list of the DUI charges 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 Petaluma, CA
Every DUI case needs a defensive strategy, and our Petaluma, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can argue for your case to be dismissed. This defense is effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in BAC 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. We will investigate any possible errors that were made when you took the test, 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 'horizontal gaze nystagmus,' are a typical part of any traffic stop that turns into a DUI investigation. But these tests are subjective. Our attorneys will review the footage and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. Even though this is harder to fight, we won't give up yet. 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.
Don't Wait – Speak With Our Petaluma DUI Defense Attorneys RIGHT AWAY
Petaluma, CA, DUI accusations are serious. After an arrest, things move pretty fast. You lose your license, you might be interrogated, you're assigned a court date…it's easy to be out of control. What you need to do is get in touch with aPetaluma, CA, DUI lawyer right away.
Don't wait for the prosecution to build a case against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Petaluma, CA DUI charges. We're prepared to start building your defense now and will start safeguarding your license and keep you out of jail today. Speak with a lawyer now at (800) 755-5174 or tell us about your charges online for a no-obligation consultation.
We also provide the following legal services in Petaluma, CA:
Payment Plans
