DUI Lawyer Redding. If you're up against a DUI in Redding, it can feel overwhelming. You're being accused of a crime; you're also facing jail time, fines, and other penalties. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you find yourself in this situation, you should consult with an expert to find your best path forward. Trying to defend yourself against the charges is a fight that you need a team for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's top 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 DUI defense experts who know how to protect you in the Redding, CA, court system and will always be honest with you about the state of your case and the best path forward.
Acting fast is key to protecting your freedom and license. Speak with one of our attorneys anytime, day or night, at (800) 755-5174 or send us a note online to start crafting your defense today.
Redding, 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 Redding, CA, residents. Here are four tips from a Redding, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks 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. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during the entirety of your interactions with the law. 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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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
Refusing to cooperate with the police won't improve your case — it can end up making your case harder to defend. You should be respectful for more than its own sake, though; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Redding?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably via field sobriety tests, then arrest you based on that.
Once you've been arrested, the CA legal system automatically begins the process for 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 – right away, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, they are contacting the DMV about your DUI arrest, beginning the formal suspension.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will list out the laws you're accused of breaking.
- 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: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your Redding DUI defense attorney will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will communicate with the Redding prosecutor to avoid a trial with a plea deal that protects you. But if that doesn't work, your attorney should be preparing now.
- Criminal Trial: It's unlikely that your 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 you plea or are found, you may face penalties. 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 license side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Defending Against Redding DUIs: Criminal Cases vs. DMV Hearings
Redding, CA, DUI charges include two separate fights: The criminal case and the fight for your license. This will always require two separate defenses, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and how we fight to protect your freedom and vehicular rights:
Redding, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Your DUI case will typically go through the same process as any other criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we craft a staunch defense and fight against the criminal accusations. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can exonerate you.
With our defense strategies, we are almost always successful at protecting our Redding, CA, clients from jail time. For several cases, 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 argue for probation to maintain your freedom.
Redding, CA, DUI License Suspension
On the other side of a Redding DUI charge is the DMV and your license suspension. This suspension is independent of the criminal case, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the focus of this hearing is 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. These hearings have serious consequences that require an expert Redding, CA, DUI lawyer to navigate. At the hearing, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, the suspension is probably hear to stay. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's essential to contact a Redding DUI defense attorney promptly after the traffic stop.
Potential Penalties for a DUI in Redding
Redding, CA, DUI criminal penalties are intimidating – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be trying to avoid, depending on how exactly your charged and your history:
| 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 |
You'll also be facing significant collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. On the bright side, most first-time DUIs at this time will not result in deportation. The bad news is that if something made this allegation more serious, like an injured bystander, 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. 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.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Redding, 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 can protect you from a conviction, defend you against efforts to expel you from the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. The bad news is 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 Redding, CA, DUI defense attorney can help you out here, too, and give you a chance to clean your record.
Important Qualities You Need in a Redding, CA DUI Attorney
When you're facing DUI charges, it's important to pick the right lawyer to defend your innocence. Your team needs the abilities, background, and relationships to give you opportunities for a positive outcome for your case. When evaluating DUI lawyers in Redding, CA, you want to judge the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and police officers, totalling more than 50 years of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our firm has experience working with the prosecutors in Redding 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: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 Fight in Redding
Administrative, criminal, or anything else related to DUIs in Redding, CA – our DUI defense team is prepared to battle against the charges.
Below, you can review 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
DUI Defense Strategies in Redding, CA
Our Redding, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, you might be able to secure a dismissal of the charges. This defense is a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Blood, Breath, and/or Urine 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 when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. We will audit the test records and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. While this is can be difficult to overcome, 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.
Get Rapid Assistance – Talk To Our Redding DUI Defense Lawyers NOW
If you've been arrested or accused of a DUI in Redding, CA, you'll hardly get a chance to catch your breath. You lose your right to drive, law enforcement might try to do additional tests, you're given a court date…it's easy to feel out of control. In order to find a way out of all that, you need to contact a DUI defense attorney as soon as possible.
Don't give up and let the district attorney win. 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 Redding, CA DUI charges. We're available to help now and will work on a strategy to defend your license and your liberty right away. Talk with one of us now at (800) 755-5174 or let us know what you need online for a free case review.
We also provide the following legal services in Redding, CA:
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