DUI Lawyer Port Hueneme. DUI law in Port Hueneme is complex. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you don't want to be alone. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is available to protect you in Port Hueneme.
We are CA's best DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of veteran defense attorneys who know how to protect you in the Port Hueneme, CA, court system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Get in touch today at (800) 755-5174 or tell us about your case online to start constructing your defense strategy today.
What Happens After a DUI Arrest in Port Hueneme?
CA DUI Law allows an officer to arrest you even if you blow below the legal limit, or if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, probably via field sobriety tests, then arrest you based on that.
Right after your arrest, the CA legal system starts moving towards 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 starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're proceeding through the system, they are providing a record of the arrest to the CA DMV, beginning the formal suspension.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Separate from the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the interim, your Port Hueneme DUI defense lawyer will file pretrial potions, likely including some to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will negotiate with the Port Hueneme prosecutor to find a plea deal that minimizes penalties for you. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case turns out, you may face sanctions. 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 help you out, no matter where you are in the process, 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!
Defending Against Port Hueneme DUIs: Criminal Cases vs. DMV Hearings
Port Hueneme, CA, DUI charges include two separate fights: The criminal case and the license suspension. Different CA organizations cover each of these aspects, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and ways we defend your freedom and driving privileges:
Port Hueneme, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Criminal cases, including DUIs, all follow the same basic process – 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 craft a staunch defense and attack the charges. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show you are not guilty.
With our defense strategies, we are almost always successful at protecting our clients from jail time. Often, we'll negotiate a plea deal to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
Port Hueneme, CA, DUI License Suspension
On the other side of a Port Hueneme DUI charge is the DMV and your license suspension. This suspension is automatically applied, and to 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, your license can still be suspended even if you do not receive a criminal conviction. 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 alcohol tests, whether or not you were properly informed of the consequences. When you work with us, we'll challenge 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 a second chance to schedule that hearing. This is why it's crucial to contact a Port Hueneme DUI defense lawyer right away after an arrest.
Potential Penalties for a DUI in Port Hueneme
CA DUI criminal penalties are intimidating – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be facing, depending on how exactly your charged and your history:
| 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 rising insurance rates and barriers between you and professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll want to get back to life as normal, before the charges. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. A DUI defense attorney can help you out here, too, 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 essential to pick the right lawyer to represent you. Your team needs the abilities, practice, and ties to secure a positive outcome for your case. Here are the main things to look for in your Port Hueneme, CA, DUI defense lawyer:
- Experience: Ideally from multiple sides of the legal system. 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 Port Hueneme and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- 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 Port Hueneme
Whatever DUI charge you're up against in Port Hueneme, CA – our DUI defense team is prepared for 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
Don't Wait – Contact Our Port Hueneme DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. Your license is suspended, you might be interrogated, you're told you have a court date…it's easy to feel overwhelmed. With everything going on, your best way out is to hire a DUI defense lawyer right away.
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 wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Port Hueneme, CA DUI charges. We're prepared to start building your defense right now and will work on a strategy to defend your license and your freedom right away. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a free consultation.
We also provide the following legal services in Port Hueneme, CA:
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