DUI Lawyer Pico Rivera. DUI law in Pico Rivera is complex. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. 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 DUIs involving drugs are treated differently than those involving alcohol.
When you're up against the CA legal system, you need someone in your corner. Trying to navigate the laws and the courts is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is at your service.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of experienced, high-quality lawyers who know how to fight for you in the Pico Rivera, CA, legal system and find the best result for your case.
Don't wait and let your chance slip away. Call today at (800) 755-5174 or send us a note online to start constructing your defense today.
Pico Rivera, 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 Pico Rivera, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. When you're already prepared to give them to the officer, 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 Fifth Amendment protections at all points in the legal process. Even just saying "I only had two drinks" can work against you.
Tip #3: Don't Automatically Consent to Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you 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 cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Be Polite and Don't Argue
Refusing to cooperate with the police won't help — it will make things worse. This isn't just something you're doing out of courtesy, though; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Pico Rivera?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. The police can use other methods to determine whether or not you were safe to drive, generally with field sobriety tests, then make judgements based on that.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. Most DUI cases in Pico Rivera, CA, follow this progression:
- Suspension: Your license suspension can begin as soon as you're arrested – you will be given a 30-day, temporary license, and your actual license will be taken. While you're proceeding through the system, the police are providing a record of the arrest to the Pico Rivera, CA, DMV, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will attend a hearing, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: Independant of the criminal charge process, 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. In the meantime, your Pico Rivera DUI defense attorney will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will contact the Pico Rivera prosecutor to find a plea deal that minimizes penalties for you. But if the case goes to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face a punishment. 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 help you fight any allegation, on both the criminal defense and administrative side. No matter where you are in your case, give us a call so that we can help!
Pico Rivera DUI: Fighting Criminal Cases vs. DMV Hearings
Pico Rivera, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the driver's case. In CA, these are always two separate processes, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are descriptions of both case categories, and how we fight to protect your liberty and ability to drive:
Pico Rivera, 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 Pico Rivera, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we build your defense and discredit the charges. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can show you are not guilty.
If you're facing jail time in Pico Rivera, CA, our attorneys can help you avoid it. In many cases, we'll contact the district attorney on their behalf and negotiate a charge reduction, 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.
Pico Rivera, CA, DUI License Suspension
On the other side of a Pico Rivera DUI charge is the DMV and your license suspension. This suspension goes into effect automatically, 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, even if you receive a "not guilty" verdict, you can still lose your license. Instead, this administrative hearing is focused on 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. These hearings have serious consequences that require an expert Pico Rivera, CA, DUI lawyer to navigate. At the hearing, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of luck. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's vital to contact a Pico Rivera DUI defense lawyer without delay after the traffic stop.
DUI Punishments in Pico Rivera
Pico Rivera, CA, DUI criminal penalties can leave a mark on your record for life – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be fighting against, depending on the allegations you're facing:
| 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 Pico Rivera, CA legal sentence collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. If this is your first DUI, the good news is that you will likely be able to stay in the country. The bad news is that if you have faced DUI charges before, 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 trying to become an American citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
These accusations can be intimidating, but they are not the end. Your Pico Rivera, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs with alternatives to criminal sentencing, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Pico Rivera, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's vital to pick the right lawyer to defend your innocence. Your team needs the skills, background, and relationships to find the best outcome for your case. The top Pico Rivera, CA, DUI defense attorneys will have all of the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, prosecutors, and law enforcement, totalling more than 50 years of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. 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 Pico Rivera and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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 Defend in Pico Rivera
Criminal and administrative, whatever type of DUI charges you're fighting in Pico Rivera, CA – our DUI defense lawyers are prepared for the charges.
Here are some of the DUI cases we have experience defending:
- 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 Pico Rivera, CA
Every DUI case needs a defensive strategy, and our Pico Rivera, CA DUI defense lawyers are here to help you find the right one. 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 Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, you might be able to secure a dismissal of the charges. This defense is effective 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 you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will look into any issues with how the equipment was stored or used, retest in some cases, using a "blood-split" motion, 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 normal part of the process when police are evaluating if someone is driving intoxicated or not. But you can still challenge them – they are not ironclad proof of guilt. Our attorneys will review the footage and look for expert analysis that will show your performance in a more favorable light.
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. While properly conducted BAC tests are hard to disprove, it's not the end of your case. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Call Our Pico Rivera DUI Defense Lawyers TODAY
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. The police officer takes your license, you might be interrogated, you're given a court date…it's easy to feel lost. Your path forward begins when you speak to a lawyer as soon as possible.
Don't give the state a chance to put you behind bars. Don't lose your license because you missed the DMV hearing window. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Pico Rivera, CA DUI charges. We're equipped with the tools to build your case right now and will start safeguarding your license and your liberty as soon as you call. Speak with a lawyer now at (800) 755-5174 or tell us about your charges online for a free, confidential consultation.
We also provide the following legal services in Pico Rivera, CA:
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