DUI Lawyer Petaluma. If convicted, a DUI can permanently change your life for the worse. You're not just facing the loss of your license; you're up against thousand dollar fines, years in jail, and more. California law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you find yourself in this situation, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is just a call away in Petaluma, CA.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of legal experts who know how to navigate the Petaluma, CA, legal system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Speak with one of our attorneys right away at (800) 755-5174 or contact us online to start constructing your case's defense today.
Petaluma, 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 Petaluma, CA, residents. Here are four tips from a Petaluma, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. Many sober people will have trouble gathering up these documents under pressure. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent both before and after an arrest. Don't talk without an attorney present.
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. The officer may not like it, but they can't compel you to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Respect the Law Enforcement Officer
Resisting the police won't improve your case — it will come back to bite you. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Petaluma?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you refuse to be tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, typically with field sobriety tests, then make judgements based on that.
Right after your arrest, the CA legal system automatically begins the process for 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 begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, they are providing a record of the arrest to the Petaluma, CA, DMV, which updates their records to show your license as suspended.
- Arraignment: Sometime after arriving at the police station, you will be brought before a judge, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Separate from the criminal charges, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Between your potential release and the trial, your Petaluma DUI defense attorney will building the framework of your defense and filing motions to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will negotiate with the Petaluma district attorney 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 crafting a 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 you plea or are found, you may face some form of sentence. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and license side. If you're facing a potential conviction, call now and we'll be happy to assist!
Petaluma, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Petaluma, CA, DUI charges are special because of their dual-nature: The criminal case and the license suspension. These will never be handled in the same hearing, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and insights into how we protect your justice and ability to drive:
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.
Your DUI case will typically go through the same process as any other criminal charge – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we provide expert defense and push back against the accusations. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can show the events in a more favorable light.
We have an extremely strong track record of clients who have avoided jail time in Petaluma, CA. For many clients, 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 argue for probation to maintain your freedom.
Petaluma, CA, DUI License Suspension
While your Petaluma criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, the focus of this hearing is whether or not you were legitimately 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 hire us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you're out of options. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's crucial to contact a Petaluma DUI defense lawyer without delay after being arrested.
Punishments After a DUI Conviction in Petaluma, CA
Petaluma, CA, DUI criminal penalties are intimidating – though you could 'only' be facing misdemeanors, you could still end up with a year in jail, or six months for a first offense.
In this table, you can review 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 Petaluma, CA legal sentence collateral consequences, such as elevated insurance costs and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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 will be put on the same level as serious felonies when it comes to immigration consequenceses. For individuals working on the naturalization process, even if you aren't deported, it can set your efforts back by several years.
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, we can help you in all aspects of your case: We'll explore diversion programs to protect your record, 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, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Petaluma, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a path to clean your record.
Important Qualities You Need in a Petaluma, CA DUI Attorney
When you're facing DUI charges, it's critical to pick the right lawyer to defend you. Your team needs the abilities, history, and connections to offer the best possible outcome for your case. When evaluating DUI lawyers in Petaluma, CA, you want to judge the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and police, totalling more than 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: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Petaluma and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud to be respected amongst our peers 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. We want you to be our next success story.
DUI Case Types We Take On in Petaluma
It doesn't matter what kind of DUI you're facing in Petaluma, CA – the Law Offices of David S. Chesley is prepared to defend you against the charges.
Below are some of the DUI allegations we frequently 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 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 Tactics in Petaluma, CA
Whatever type of charge you're facing, our Petaluma, CA, DUI attorneys can help you fight it. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, we can challenge the evidence, and even the legitimacy of the case itself. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Chemical Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will look into any potential procedural errors, introduce alternative evidence when possible, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. 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 show whether or not you were fairly judged.
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.
Don't Wait – Speak With Our Petaluma DUI Defense Lawyers TODAY
After a DUI arrest, it can feel like you don't even have time to think. You lose your right to drive, law enforcement might try to do additional tests, you're informed of a court date…it's easy to feel like there's no way forward. What you need to do is call aPetaluma, CA, DUI lawyer right away.
Don't give the state a chance to put you behind bars. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Petaluma, CA DUI charges. We're available to help fast and will can fight for your license and searching for positive outcomes immediately. Reach out to us now at (800) 755-5174 or get in touch online for a free case review.
We also provide the following legal services in Petaluma, CA:
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