DUI Lawyer Rialto. If you're up against a DUI in Rialto, it can feel overwhelming. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. 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 prepared for any DUI charges in Rialto, CA.
We are California's top 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 DUI defense experts who know how to protect you in the Rialto, CA, judicial system and provide paths to positive outcomes.
If you wait too long to build a defense, it could become too late. Reach out now at (800) 755-5174 or tell us about your case online to start building your defense today.
Rialto, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but knowing how to handle the situation is important for all Rialto, CA, residents. Below are four tips from a Rialto, 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. Many sober people will have trouble gathering up these documents under pressure. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent during any form of questioning. Even just saying "I only had two drinks" can work against you.
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 cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Don't Argue With the Officer
Resisting the police won't help — it can end up making your case harder to defend. This isn't just something you're doing out of courtesy, 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 Rialto?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, often with field sobriety tests, then decide whether or not to arrest you based on their evaluation of you.
Once you've been 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 go into effect at the time of the arrest – at that time, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're proceeding through the system, the police are updating your records with the DMV to account for the arrest, beginning the formal suspension.
- Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will announce what charges you're up against.
- 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: Most people accused of DUIs in Rialto, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the meantime, your Rialto DUI defense attorney will laying the groundwork of your defense through motions to suppress unlawfully collected 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 communicate with the Rialto prosecutor to try and secure a favorable deal before a trial. But if that doesn't work, your attorney should be preparing now.
- Criminal Trial: It's rare that a DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- 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, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you fight any allegation, 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!
Rialto DUI: Fighting Criminal Cases vs. DMV Hearings
Rialto, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. These are handled separately by the state, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are descriptions of both case categories, and our process for defending your liberty and license:
Rialto, 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 – 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 provide expert defense and dissect the charges. We'll argue whether the police had the justification needed to pull you over, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and search for other witnesses or evidence that can tell a different story.
If you're facing jail time in Rialto, CA, our attorneys can help you avoid it. 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 work out probation over jail or prison time.
Rialto, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and to successfully 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, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the entire DMV hearing is about whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. When you work with a Rialto, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's essential to contact a Rialto DUI defense lawyer right away after an arrest.
Potential Penalties for a DUI in Rialto
Rialto, CA, DUI criminal penalties can be harsh – even for the ones considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
On this table, you can review 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 Rialto, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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 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 become grounds for deportation. For immigrants seeking citizenship, even if you aren't deported, it can set your efforts back by several years.
These accusations can be intimidating, but they are not the end. Your Rialto, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that can protect you from a conviction, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Rialto, CA, our DUI lawyers will also fight to protect you in this way, and give you a path to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Rialto? It's key to pick the right lawyer to take your case. Your team needs the expertise, history, and relationships to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Rialto, CA, look for these signs:
- Experience: Experience gives your attorney knowledge on how to win these cases. 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: DUI allegations can happen any time, day or night. Our phones are ready for your call 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Rialto and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We're proud to have received numerous accolades 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 want you to be our next success story.
DUI Case Types We Take On in Rialto
It doesn't matter what kind of DUI you're facing in Rialto, CA – our DUI defense lawyers are prepared help you navigate the charges.
Below, you can review a list of the DUI charges 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 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 Rialto, CA
Every DUI case needs a defensive strategy, and our Rialto, CA DUI defense lawyers are here to help you find the right one. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legitimacy of the Arrest
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 relevant if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will look into any issues with how the equipment was stored or used, introduce alternative evidence when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. An experienced Rialto, CA, DUI attorney will know how to dissect any records and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. Even though this is harder to fight, it's not the end of your case. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Immediate Help – Call Our Rialto DUI Defense Attorneys TODAY
Rialto, CA, DUI accusations are serious. After an arrest, you'll hardly get a chance to catch your breath. You lose your right to drive, you could find yourself in an interrogation room, you're informed of a court date…it's easy to feel out of control. With everything going on, your best way out is to contact aRialto, CA, DUI lawyer right away.
Don't give up and let the district attorney win. Don't wait too long and lose your driving privileges. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Rialto, CA DUI charges. We're equipped with the tools to build your case today and will start protecting your driving privileges and your rights now. Call us now at (800) 755-5174 or tell us about your case online for a no-obligation case review.
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