DUI Lawyer Rancho Cordova. DUI law in Rancho Cordova is complex. You're being accused of a crime; 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 when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is available to protect you in Rancho Cordova.
We are California's leading DUI defense lawyers and have successfully fought countless DUI charges. When you retain us, you're getting a team of legal experts who know how to fight for you in the Rancho Cordova, CA, judicial system and get you the best outcome possible.
Take too long to start your defense, and you could miss your chance. Talk to a lawyer today at (800) 755-5174 or tell us how we can help online to start crafting your defense today.
Rancho Cordova, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but knowing how to handle the situation is important for all Rancho Cordova, CA, residents. Below are four tips from a Rancho Cordova, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you already have them ready, 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 at all points in the legal process. Call your DUI lawyer and stay quiet until they arrive.
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. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Treat the Officer Respectfully
Being rude won't improve your case — it will come back to bite you. This doesn't just help you get through the traffic stop; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Rancho Cordova?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, probably with field sobriety tests, then decide whether or not to arrest you based on your performance.
Once this happens, the CA legal system will proceed with 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 go into effect at the time of the arrest – when arrested, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. Meanwhile, they are updating your records with the DMV to account for the arrest, beginning the formal suspension.
- Arraignment: Before you are released, you will attend a hearing, 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. While you're waiting for the trial, your Rancho Cordova DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will negotiate with the Rancho Cordova district attorney to try and secure a favorable deal before a trial. But if it does go to trial, your attorney should be creating a defense now.
- Criminal Trial: Most DUI cases won't go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on the result of your case, you may face penalties. 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 guidance for any charge, on both the criminal defense and driver's license side. If you need help today, give us a call so that we can help!
DUIs in Rancho Cordova, CA and Criminal Cases vs. DMV Hearings
Rancho Cordova, CA, DUI charges are always a two-pronged challenge: The criminal case and the license suspension. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and what our attorneys will do for your liberty and vehicular rights:
Rancho Cordova, 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 Rancho Cordova, CA, legal system.
The general court process is the same as any other criminal case – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we defend your freedom and fight against the accusations. We'll challenge the legitimacy of the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and hunt for other evidence that can exonerate you.
The vast majority of our DUI clients in Rancho Cordova do not receive any jail sentence. Often, 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 avoid jail time with a probation sentence.
Rancho Cordova, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect automatically, and if you want 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 outcome of the DMV hearing hinges on whether or not you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. When you work with a Rancho Cordova, CA, DUI lawyer from our firm, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's important to contact a Rancho Cordova DUI defense lawyer immediately after being arrested.
DUI Punishments in Rancho Cordova
Rancho Cordova, CA, DUI criminal penalties are intimidating – while some are 'just' misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, you can read through 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 |
Beyond any sentence that a judge in Rancho Cordova, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and career setbacks.
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 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 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.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Rancho Cordova, CA, immigration lawyer. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs that will protect you from the harshest outcomes, fight to keep you in the country, and offer expert advice as you apply for citizenship.
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. It doesn't take long to realize, though, 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 Rancho Cordova, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's critical to pick the right lawyer to defend your innocence. Your team needs the expertise, background, and relationships to give you opportunities for a positive outcome for your case. When you speak with Rancho Cordova, CA, DUI attorneys about your case, ask them about the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police officers, totalling more than five decades of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. We're available 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Rancho Cordova and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Fight in Rancho Cordova
Administrative, criminal, or anything else related to DUIs in Rancho Cordova, CA – your DUI defense lawyer from our team prepared to defend you against the charges.
This is a list of the DUI case types 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 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 Strategies in Rancho Cordova, CA
If you want to craft an effective defense strategy, our Rancho Cordova, CA, DUI lawyers are here to help. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legality of the Arrest
If law enforcement made a mistake while conducting their investigation, your case could be thrown out on legal grounds. This defense could be used 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
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team will highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and analyze the state's case to see if there was an error made in how your evidence was processed.
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 these tests are subjective. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.
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 .08 or higher. This may sound bad, but our lawyers have more defense strategies we can pull from. 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.
Don't Wait – Talk To Our Rancho Cordova DUI Defense Attorneys NOW
Rancho Cordova, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. Your license disappears, you might be interrogated, you get a court date…it's easy to be overwhelmed. Your path forward begins when you contact a DUI defense lawyer right away.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Rancho Cordova, CA DUI charges. We're equipped with the tools to build your case now and will begin protecting your license and your liberty now. Talk to one of our team members now at (800) 755-5174 or tell us about your case online for a free, confidential consultation.
We also provide the following legal services in Rancho Cordova, CA:
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