DUI Lawyer Richmond. If you're up against a DUI in Richmond, it can feel overwhelming. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. Declining a breathalyzer or blood test on its own can result in charges, and the consequences you face might be even worse than a DUI conviction. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
Regardless of whether you're innocent or not, you don't want to be alone. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's leading DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of accomplished defense attorneys who know how to fight for you in the Richmond, CA, justice system and get you the best outcome possible.
While you're hesitating, the odds are stacking up against you. Reach out as soon as possible at (800) 755-5174 or contact us online to start constructing your defense strategy today.
Richmond, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing how to handle the situation is important for all Richmond, CA, residents. Here are four tips from a Richmond, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. 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: Don't Automatically Consent to Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or 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, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it will make things worse. This is about more than just avoiding an arrest in the short term; it also benefits 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 Richmond?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably with field sobriety tests, then make arrests based on your performance.
If you've been placed under arrest, 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 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). In the meantime, they are updating your records with the DMV to account for the arrest, which means your license is officially suspended.
- Arraignment: At some point when you're in jail, you will be summoned to a court hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, 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. Meanwhile, your Richmond DUI defense attorney will file pretrial motions, likely including some to dismiss charges, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will bargain with the Richmond prosecutor to find a plea deal that minimizes penalties for you. But if the prosecutor won't give you a favorable offer, your attorney should be creating a defense now.
- Criminal Trial: Most DUI cases won't 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 turns out, you may face penalties. 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 provide you with advice on the best way to move forward, on both the criminal defense and DMV 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!
Richmond, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Richmond, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and insights into how we protect your freedom and ability to drive:
Richmond, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Richmond, CA, court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 protect your rights and push back against the charges. We'll deconstruct 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 exonerate you.
We have an extremely strong track record of clients who have avoided jail time in Richmond, CA. Commonly, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
Richmond, CA, DUI License Suspension
On the other side of a Richmond DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and in order 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, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the focus of this hearing is whether or not you were legitimately 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 Richmond, CA, DUI lawyer from our firm, we'll work to undermine 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'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's critical to contact a Richmond DUI defense attorney right away after being arrested.
DUI Punishments in Richmond
Richmond, CA, DUI criminal penalties can permanently affect your life – even though some are 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 up against, depending on the circumstances of the alleged offense:
| 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 Richmond court, you have to endure several collateral consequences, such as elevated insurance costs and career setbacks.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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 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. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
If any of the above situations apply to you, don't panic: Call one of our Richmond, CA, immigration lawyers to get immediate help. 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 that can protect you from a conviction, fight against removal proceedings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Richmond, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's essential to pick the right lawyer to fight for you. Your team needs the abilities, experience, and relationships to give you opportunities for a positive outcome for your case. Here are the main things to look for in your Richmond, CA, DUI defense lawyer:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling over 50 years of experience handling cases.
- Availability: So that you can get help right away when you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our firm has experience working with the prosecutors in Richmond and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades 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. If you're ready to join our list of successes, call now.
DUI Case Types We Take On in Richmond
Administrative, criminal, or anything else related to DUIs in Richmond, CA – our DUI defense lawyers are prepared to defend you against the charges.
Below are some of the DUI allegations we typically 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 Tactics in Richmond, CA
When you work with the Law Offices of David S. Chesley, your Richmond, CA, DUI attorney will draw from years of experience with effective defense strategies. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, we can argue for your case to be dismissed. This defense could be used if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. Our team will highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and look for any issues in how the evidence was handled.
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. 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
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, it's not the end of your case. 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.
Don't Wait – Speak With Our Richmond DUI Defense Lawyers NOW
After a DUI arrest, it feels like there's no space to breathe. 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 lost. In order to find a way out of all that, you need to hire a DUI defense lawyer as soon as possible.
Don't give the state a chance to put you behind bars. 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 protect you.
We're experts at defending all Richmond, CA DUI charges. We're equipped with the tools to build your case immediately and will work on a strategy to defend your license and your rights immediately. Reach out to us now at (800) 755-5174 or let us know what you need online for a confidential consultation.
We also provide the following legal services in Richmond, CA:
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