DUI Lawyer Rancho Cucamonga. DUI law in Rancho Cucamonga is complex. 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 that can even result in tougher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If the Rancho Cucamonga, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a fight you want backup for, which is why the Law Offices of David S. Chesley is available to protect you in Rancho Cucamonga.
We are California's leading DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you retain us, you're getting a team of veteran defense attorneys who know how to navigate the Rancho Cucamonga, CA, justice system and find the best result for your case.
Don't wait and let your chance slip away. Speak with one of our attorneys right away at (800) 755-5174 or tell us about your case online to start putting together your defense strategy today.
Rancho Cucamonga, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but it's still important to know how to handle a traffic stop. Here are four tips from a Rancho Cucamonga, 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. By following this tip, you avoid that risk.
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 during any form of questioning. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
Participation in field sobriety tests is not required for people over the age of 21 who aren't 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, 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: Respect the Law Enforcement Officer
Acting belligerent and uncooperative won't help — it can end up making your case harder to defend. You should be respectful for more than its own sake, though; 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, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Rancho Cucamonga?
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. Officers are able to arrest you this way because CA allows them to make subjective judgements, generally with field sobriety tests, then make arrests based on the results.
As soon as you're arrested, the CA legal system will proceed with both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). Meanwhile, they are updating your records with the DMV to account for the arrest, at which point, you're officially facing a license suspension.
- Arraignment: While under arrest, 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 want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Rancho Cucamonga DUI defense attorney will laying the groundwork of your defense through motions to throw out illegal evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will work directly with the Rancho Cucamonga prosecutor to present you with plea deal offers that could protect your freedom. But if you do have to fight the charges in a trial, your attorney should be creating a defense now.
- Criminal Trial: It's rare that a DUI case will 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 how your case turns out, 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 provide guidance for any charge, on both the criminal defense and driver's license side. No matter where you are in your case, give us a call so that we can help!
Rancho Cucamonga DUI Allegations and Criminal Cases vs. DMV Hearings
Rancho Cucamonga, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. These will never be handled in the same hearing, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are some things you need to know about both, and insights into how we protect your justice and vehicular rights:
Rancho Cucamonga, 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 Cucamonga, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 craft a staunch defense and fight against the accusations. We'll debate the legality of the traffic stop, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and look for evidence that can result in a not guilty plea.
We have an extremely strong track record of clients who have avoided jail time in Rancho Cucamonga, CA. Frequently, 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 work out probation over jail or prison time.
Rancho Cucamonga, CA, DUI License Suspension
On the other side of a Rancho Cucamonga DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. 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 Rancho Cucamonga, CA, DUI lawyer to navigate. At the hearing, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, the suspension is probably hear to stay. Outside of rare cases, you don't get another chance to request that hearing. This is why it's essential to contact a Rancho Cucamonga DUI defense attorney right away after the arrest.
Rancho Cucamonga DUI Sentences and Consequences
Rancho Cucamonga, CA, DUI criminal penalties can be harsh – while many are considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be up against, depending on the circumstances of the alleged offense:
| 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 the Rancho Cucamonga, CA legal sentence collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be devastating. 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. For immigrants seeking citizenship, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Rancho Cucamonga, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs with alternatives to criminal sentencing, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Rancho Cucamonga, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
Important Qualities You Need in a Rancho Cucamonga, CA DUI Attorney
Defending yourself against a DUI in Rancho Cucamonga? It's essential to pick the right lawyer to take your case. Your team needs the proficiency, preparation, and relationships to provide the optimal outcome for your case. When looking for a DUI defense lawyer in Rancho Cucamonga, CA, look for these signs:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and police officers, totalling over 50 years of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our offices are always available if you need to talk 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 Cucamonga 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: At the end of the day, results matter. And our results are great. 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 Against in Rancho Cucamonga
Whatever DUI charge you're up against in Rancho Cucamonga, CA – our DUI defense attorneys are prepared to defend you against the charges.
Here are some of the DUI allegations 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 Strategies in Rancho Cucamonga, CA
When you work with the Law Offices of David S. Chesley, your Rancho Cucamonga, CA, DUI attorney will draw from years of experience with effective defense strategies. 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.
Challenge the Legitimacy of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With BAC 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 investigate whether or not the procedure was followed when administering the tests, retest when possible, 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 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. 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
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. Even though this is harder to fight, there are still ways to fight it. We can examine your diet and medical conditions to find alternative explanations.
Timing is Critical – Talk To Our Rancho Cucamonga DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. The police officer takes your license, law enforcement might try to do additional tests, you're given a court date…it's easy to feel out of control. What you need to do is call an attorney immediately.
Don't sit by and watch the evidence mount against you. Don't lose your ability to drive without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Rancho Cucamonga, CA DUI charges. We're standing by to answer your call fast and will start protecting your driving privileges and your freedom as soon as you call. Get a hold of us now at (800) 755-5174 or get in touch online for a no strings attached case review.
We also provide the following legal services in Rancho Cucamonga, CA:
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