DUI Lawyer Rialto. If convicted, a DUI can permanently change your life for the worse. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
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 fight you want backup for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of accomplished defense attorneys who know how to navigate the Rialto, CA, court system and will always be honest with you about the state of your case and the best path forward.
Take too long to start your defense, and you could miss your chance. Get a hold of us without delay at (800) 755-5174 or tell us how we can help online to start building your defense today.
Rialto, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Rialto, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. By following this tip, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. 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 Automatically Consent to 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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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
Acting belligerent and uncooperative won't help — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also helps your defense: If you try to talk back or argue with the officer, 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 without a BAC level over the limit, 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, probably utilizing field sobriety tests, then make arrests based on how you do.
As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and your actual license will be taken. While you're processing this, the police are informing the DMV about the arrest, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, 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 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 Rialto DUI defense attorney will file pretrial motions, likely including some to dismiss charges, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will contact the Rialto prosecutor to try and secure a favorable deal before a trial. But if it does go to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how your case proceeds, you may face consequences. 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 help you out, no matter where you are in the process, 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), you can start with a call to our offices!
Rialto DUI: Fighting Criminal Cases vs. DMV Hearings
Rialto, CA, DUI charges are special because of their dual-nature: The criminal case and the license suspension. 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 things to watch out for with both cases, and our process for defending your freedom 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.
Criminal cases, including DUIs, all follow the same basic process – 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 craft a staunch defense and push back against the charges. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and hunt for other evidence that can show the events in a more favorable light.
We have an extremely strong track record of clients who have avoided jail time in Rialto, CA. For many clients, 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 work out probation over jail or prison time.
Rialto, 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 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, you can lose your license regardless of the outcome of the criminal case. Instead, the entire DMV hearing is about whether or not you were rightfully 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. These hearings have serious consequences that require an expert Rialto, CA, DUI lawyer to navigate. At the hearing, we'll argue over 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, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's important to contact a Rialto DUI defense lawyer right away after the arrest.
Potential Penalties for a DUI in Rialto
Rialto, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be trying to avoid, depending on the nature of the allegations:
| 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 barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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 conviction will qualify an immigrant for deportation. If you are trying to become an American citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Rialto, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs to protect your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. A Rialto, CA, DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Accused of a DUI in Rialto? It is essential to pick the right lawyer to take your case. Your team needs the proficiency, experience, and ties to provide the optimal outcome for your case. When looking for a DUI defense lawyer in Rialto, CA, look for these signs:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police, totalling over five decades of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. We're available 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: 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're ready to add you to our list of success stories.
DUI Case Types We Take On in Rialto
Whatever DUI charge you're up against in Rialto, CA – the Law Offices of David S. Chesley is prepared to battle against the charges.
Here is a list of the DUI cases 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 Tactics in Rialto, CA
Whatever type of charge you're facing, our Rialto, CA, DUI attorneys can help you fight it. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legality of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, you might be able to secure a dismissal of the charges. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. We will look into any issues with how the equipment was stored or used, retest in some cases, using a "blood-split" motion, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Our attorneys will review the footage and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. This may sound bad, but 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.
Start Your Defense Today – Talk To Our Rialto DUI Defense Lawyers NOW
Rialto, CA, DUI accusations are serious. After an arrest, you'll hardly get a chance to catch your breath. Your license is suspended, you might be interrogated, you're told you have a court date…it's easy to feel lost. And that's why it's all the more important to call an attorney immediately.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Rialto, CA DUI charges. We're ready to take on your case today and will begin protecting your license and searching for positive outcomes right away. Call us now at (800) 755-5174 or tell us about your case online for a no-obligation case review.
We also provide the following legal services in Rialto, CA:
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