DUI Lawyer Pittsburg. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; if you're facing years in prison for a repeat offense, your car is the least of your worries. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, 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.
If you find yourself in this situation, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is just a call away in Pittsburg, CA.
We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you choose us, you're getting a team of experienced, high-quality lawyers who know how to navigate the Pittsburg, CA, court system and find the best result for your case.
Acting fast is key to protecting your freedom and license. Get a hold of us today at (800) 755-5174 or tell us how we can help online to start constructing your defense strategy today.
Pittsburg, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Pittsburg, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent during the entirety of your interactions with the law. 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. If you haven't been arrested, you can decline to participate. 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: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it will make things worse. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, 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 Pittsburg?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, likely via field sobriety tests, then make judgements based on the results.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. Most DUI cases in Pittsburg, CA, follow this progression:
- Suspension: Your license suspension can start the minute the officer arrests you – right away, you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, the police are contacting the DMV about your DUI arrest, which updates their records to show your license as suspended.
- Arraignment: While under arrest, you will go to court, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: While all of the criminal proceedings are going on, 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: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Pittsburg DUI defense lawyer will be filing motions, including motions to throw out illegal evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will communicate with the Pittsburg district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face consequences. 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 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), our team has the knowledge to guide you forward!
Pittsburg DUI Allegations and Criminal Cases vs. DMV Hearings
Pittsburg, CA, DUI charges are special because of their dual-nature: The criminal case and the DMV case. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are descriptions of both case categories, and what our attorneys will do for your justice and driving privileges:
Pittsburg, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Pittsburg, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – 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 craft a staunch defense and fight against the criminal accusations. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for faults in laboratory examinations, and look for evidence that can show you are not guilty.
We know what it takes to keep DUI defense clients out of jail in Pittsburg, CA. 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 work out probation over jail or prison time.
Pittsburg, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is automatically applied, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. 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 to blow, whether or not you were properly informed of the consequences. When you work with us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, you're out of options. Outside of rare cases, you don't get another chance to request that hearing. This is why it's crucial to contact a Pittsburg DUI defense lawyer right away after the traffic stop.
Punishments After a DUI Conviction in Pittsburg, CA
Pittsburg, CA, DUI criminal penalties are a lot to face – though you could 'only' be facing misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be looking to avoid, depending on the allegations you're facing:
| 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 |
You'll also be facing significant collateral consequences, such as more expenses on your insurance and career setbacks.
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 certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Pittsburg, CA, immigration lawyer. 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 will protect you from the harshest outcomes, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. The bad news is that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Pittsburg, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Pittsburg? It's important to pick the right lawyer to take your case. Your team needs the skills, practice, and connections to give you opportunities for a positive outcome for your case. Here are the main things to look for in your Pittsburg, CA, DUI defense lawyer:
- 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, district attorneys, and police, totalling over five decades of experience handling cases.
- Availability: So that you can get help right away when you need it. Our team is prepared to help you 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our team will leverage our connections with the prosecutors in Pittsburg and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud of our reputation with former clients 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. And we'd be proud to represent you as well.
DUI Case Types We Defend in Pittsburg
Administrative, criminal, or anything else related to DUIs in Pittsburg, CA – the Law Offices of David S. Chesley is prepared to defend you against the charges.
Below, you can review a list of the DUI case types we can provide defenses for:
- 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 Pittsburg, CA
Every DUI case needs a defensive strategy, and our Pittsburg, CA DUI defense lawyers are here to help you find the right one. 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 Legitimacy 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 could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in 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 investigate whether or not the procedure was followed when administering the tests, introduce alternative evidence when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But these tests are subjective. 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
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, you do still have viable defense strategies. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Get Immediate Help – Call Our Pittsburg DUI Defense Lawyers AS SOON AS POSSIBLE
When you're up against Pittsburg DUI charges, it can feel like you don't even have time to think. You can't drive anymore, there could be interrogations, you get a court date…it's easy to be stressed out. Your path forward begins when you contact a lawyer now.
Don't give up and let the district attorney win. 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 defend you.
We're experts at defending all Pittsburg, CA DUI charges. We're prepared to start building your defense right now and will can fight for your license and your rights right away. Get a hold of us now at (800) 755-5174 or set up an appointment online for a free case review.
We also provide the following legal services in Pittsburg, CA:
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