DUI Lawyer Rancho Cucamonga. DUI law in Rancho Cucamonga is complex. Your ability to drive isn't the only thing at risk; 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 there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you find yourself in this situation, you should consult with an expert to find your best path forward. 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 premier DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of accomplished defense attorneys who know how to operate the Rancho Cucamonga, CA, judicial system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Get in touch right away at (800) 755-5174 or contact us online to start crafting your case's defense today.
Rancho Cucamonga, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Rancho Cucamonga, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. 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 avoid that risk.
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 at all points in the legal process. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Refuse Voluntary 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, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Treat the Officer Respectfully
Resisting the police won't help — it will likely be something you regret. This is about more than just avoiding an arrest in the short term; it also helps your defense: When you resist or act disrespectfully, 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 even if you BAC is below .08, or even if you don't undergo any tests at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely utilizing field sobriety tests, then make arrests based on the results.
If you've been placed under arrest, the CA legal system starts moving towards 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 – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're processing this, they are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: At some point when you're in jail, you will attend a hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the meantime, your Rancho Cucamonga DUI defense attorney will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will work directly with the Rancho Cucamonga district attorney to avoid a trial with a plea deal that protects you. But if it does go to trial, your attorney should be building a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to 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, it's possible that your record will be eligible for sealing.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and bureaucratic side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), 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 always a two-pronged challenge: The criminal case and the DMV case. These are handled separately by the state, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are important factors for both case types, and insights into how we protect your freedom and right to drive:
Rancho Cucamonga, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
The general court process is the same as any other criminal case – 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 dissect the accusations. We'll debate the legality of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Rancho Cucamonga, CA. For several cases, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Rancho Cucamonga, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, you can lose your license regardless of the outcome of the criminal case. 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 blow, whether or not you were properly informed of the consequences. When you hire us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of options. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's important to contact a Rancho Cucamonga DUI defense lawyer without delay after an arrest.
Potential Penalties for a DUI in Rancho Cucamonga
Rancho Cucamonga, 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.
On this table, you can review the different penalties you could be trying to avoid, 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 |
In addition to any criminal sentence in Rancho Cucamonga, CA, you're also facing collateral consequences, such as increased insurance premiums and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 can result in removal from the country. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
If any of the above situations apply to you, don't panic: Call one of our Rancho Cucamonga, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs with alternatives to criminal sentencing, defend you against efforts to expel you from the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, 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 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. A Rancho Cucamonga, 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
Up against DUI charges? It's crucial to pick the right lawyer to defend your innocence. Your team needs the expertise, background, and ties to find the best outcome for your case. When you speak with Rancho Cucamonga, CA, DUI attorneys about your case, ask them about the following:
- 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 law enforcement, totalling over five decades of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. We're available 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our team will leverage our connections 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: 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. We're ready to add you to our list of success stories.
DUI Case Types We Defend in Rancho Cucamonga
Whatever type of DUI charge you need help with in Rancho Cucamonga, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
This is a list of the DUI charges we frequently 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
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. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, we can argue for your case to be dismissed. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Chemical Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will look into any potential procedural errors, 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 widely-recognized way of evaluating somebody's level of impairment. But field sobriety tests are not objective measures of whether you're safe to drive or not. An experienced Rancho Cucamonga, CA, DUI attorney will know how to dissect any records and show whether or not you were fairly judged.
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. 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 – Speak With Our Rancho Cucamonga DUI Defense Lawyers TODAY
After a DUI arrest, it feels like there's no space to breathe. Your license disappears, law enforcement might try to do additional tests, you get a court date…it's easy to feel stressed out. What you need to do is speak to a DUI defense attorney right away.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Rancho Cucamonga, CA DUI charges. We're ready to take on your case today and will start protecting your driving privileges and your freedom right away. Call us now at (800) 755-5174 or tell us about your charges online for a no-obligation case review.
We also provide the following legal services in Rancho Cucamonga, CA:
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