DUI Lawyer Rancho Cucamonga. If you're up against a DUI in Rancho Cucamonga, it can feel overwhelming. This isn't just an administrative issue; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is just a call away in Rancho Cucamonga, CA.
We are California's leading DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you hire us, you're getting a team of legal experts who know how to protect you in the Rancho Cucamonga, CA, legal system and provide paths to positive outcomes.
Acting fast is key to protecting your freedom and license. Get in touch today at (800) 755-5174 or send us a note online to start building your defense strategy today.
Rancho Cucamonga, 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 Rancho Cucamonga, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. 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 keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If 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 during any form of questioning. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Refuse Voluntary Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. If you haven't been arrested, you can decline to participate. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Don't Argue With the Officer
Arguing with the officer won't help — it will come back to bite you. You should be respectful for more than its own sake, though; it also aids your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Rancho Cucamonga?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't undergo any tests at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, typically utilizing field sobriety tests, then decide whether or not to arrest you based on that.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – when arrested, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, the police are updating your records with the DMV to account for the arrest, which means your license is officially suspended.
- 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 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: You'll likely be given bail or released on your own recognizance. In the meantime, your Rancho Cucamonga DUI defense lawyer will file pretrial motions, likely including some to suppress evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will speak with the Rancho Cucamonga district attorney to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the outcome of your case, you may face some form of sentence. 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 you with advice on the best way to move forward, on both the criminal defense and administrative side. Whatever stage in the process you're at, the Law Offices of David S. Chesley are here for you!
Rancho Cucamonga DUI: Fighting Criminal Cases vs. DMV Hearings
Rancho Cucamonga, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. Different CA organizations cover each of these aspects, 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 our process for defending your liberty and license:
Rancho Cucamonga, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we craft a staunch defense and push back against the accusations. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can tell a different story.
The vast majority of our DUI clients in Rancho Cucamonga do not receive any jail sentence. For several 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 avoid jail time with a probation sentence.
Rancho Cucamonga, 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 regardless of where you're at in the criminal process, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the outcome of the DMV hearing hinges on whether or not 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. At the Law Offices of David S. Chesley, we'll question 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 luck. Outside of rare cases, you don't get a second chance to request that hearing. This is why it's critical to contact a Rancho Cucamonga DUI defense attorney without delay after the traffic stop.
Sentence You Could Face for a DUI in Rancho Cucamonga, CA
Rancho Cucamonga, CA, DUI criminal penalties can leave a mark on your record for life – though you could 'only' be facing misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be trying to avoid, 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 |
On top of whatever sentence you receive in Rancho Cucamonga court, you have to endure several collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences are very serious. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 can result in removal from the country. For immigrants seeking citizenship, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Rancho Cucamonga, 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 to protect your record, fight to keep you in the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Rancho Cucamonga, CA, our DUI lawyers will also fight to protect you in this way, and give you a path to clean your record.
Top DUI Defense Attorneys in Rancho Cucamonga: What You Need to Know
When you're facing DUI charges, it's crucial to pick the right lawyer to take your case. Your team needs the proficiency, preparation, and contacts to find the best outcome for your case. Here are the main things to look for in your Rancho Cucamonga, CA, DUI defense lawyer:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and law enforcement, totalling more than five decades of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. You can get a hold of us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Rancho Cucamonga and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators 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're ready to add you to our list of success stories.
DUI Case Types We Defend in Rancho Cucamonga
Administrative, criminal, or anything else related to DUIs in Rancho Cucamonga, CA – our DUI defense lawyers are prepared to battle against the charges.
This is a list of the DUI cases we commonly 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 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 Tactics in Rancho Cucamonga, CA
Whatever type of charge you're facing, our Rancho Cucamonga, CA, DUI attorneys can help you fight it. 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 police did not follow proper procedure while stopping and examining you, we can argue for your case to be dismissed. This defense is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will investigate any possible errors that were made when you took the test, push for tests to be redone, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. 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 over the legal limit. While properly conducted BAC tests are hard to disprove, there are still ways to fight it. We can examine your diet and medical conditions to find alternative explanations.
Don't Wait – Speak With Our Rancho Cucamonga DUI Defense Lawyers TODAY
After a DUI arrest, it can feel like you barely have a chance to think. You can't drive anymore, you could find yourself in an interrogation room, you're assigned a court date…it's easy to be out of control. In order to find a way out of all that, you need to speak to aRancho Cucamonga, CA, DUI attorney immediately.
Don't give the state a chance to put you behind bars. Don't lose your ability to drive without a fight. 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 Rancho Cucamonga, CA DUI charges. We're equipped with the tools to build your case right now and will start protecting your driving privileges and your rights as soon as you call. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a no strings attached consultation.
We also provide the following legal services in Rancho Cucamonga, CA:
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