DUI Lawyer Salinas. DUI law in Salinas 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 it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
Regardless of whether you're innocent or not, you need someone in your corner. Trying to fight against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's top 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 fight for you in the Salinas, CA, court system and find the best result for your case.
If you wait too long to build a defense, it could become too late. Get in touch without delay at (800) 755-5174 or tell us about your case online to start constructing your defense strategy today.
Salinas, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but it's still important to know how to handle a traffic stop. Below are four tips from a Salinas, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. 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 keeping these documents on hand, you avoid that risk.
Tip #2: Don't Talk If 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 Fifth Amendment protections during the entirety of your interactions with the law. Even just saying "I only had two drinks" can work against you.
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. If you haven't been arrested, you can decline to participate. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Don't Argue With the Officer
Resisting the police won't help — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Salinas?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, often utilizing field sobriety tests, then decide whether or not to arrest you based on your performance.
Once you've been arrested, the CA legal system starts moving towards both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, the police are ensuring that the arrest is added to your DMV record, which means your license is officially suspended.
- Arraignment: Sometime after arriving at the police station, you will attend a hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: While all of the criminal proceedings are going on, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Most people accused of DUIs in Salinas, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Salinas DUI defense attorney will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will communicate with the Salinas district attorney to avoid a trial with a plea deal that protects you. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: Most DUI cases won't go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. 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 help you out, no matter where you are in the process, on both the criminal defense and bureaucratic side. If you're facing a potential conviction, give us a call so that we can help!
Salinas DUI: Fighting Criminal Cases vs. DMV Hearings
Salinas, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the driver's case. These are handled separately by the state, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and our process for defending your justice and ability to drive:
Salinas, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Salinas, CA, court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we defend your freedom and discredit the allegations. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and see if there's anything the police missed that can present an alternate narrative.
The vast majority of our DUI clients in Salinas do not receive any jail sentence. Frequently, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Salinas, 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 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, your license can still be suspended even if you do not receive a criminal conviction. 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 work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you're out of options. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's essential to contact a Salinas DUI defense lawyer without delay after being arrested.
Potential Penalties for a DUI in Salinas
Salinas, CA, DUI criminal penalties are intimidating – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, we've listed 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 |
On top of whatever sentence you receive in Salinas court, you have to endure several collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be devastating. 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. For immigrants seeking citizenship, even if you aren't deported, it hurts your application process.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Salinas, CA, immigration lawyer immediately. 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 to protect your record, defend you against efforts to expel you from the country, 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. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Salinas, 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
Accused of a DUI in Salinas? It is key to pick the right lawyer to defend you. Your team needs the talent, background, and connections to secure a positive outcome for your case. The top Salinas, CA, DUI defense attorneys will have all of 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 police, totalling more than five decades of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in Salinas and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We're proud to have received numerous accolades 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 want you to be our next success story.
DUI Case Types We Take On in Salinas
Criminal and administrative, whatever type of DUI charges you're fighting in Salinas, CA – all of our DUI defense attorneys are prepared stand by you against the charges.
Below are some of the DUI allegations 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 Salinas, CA
Every DUI case needs a defensive strategy, and our Salinas, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legitimacy 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 is relevant if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
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, retest when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will examine the evidence and provide alternate explanations for your performance.
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. While properly conducted BAC tests are hard to disprove, 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.
Timing is Critical – Talk To Our Salinas DUI Defense Lawyers NOW
Salinas, CA, DUI accusations are serious. After an arrest, it can feel like you don't even have time to think. Your license is suspended, law enforcement might try to do additional tests, you're given a court date…it's easy to be stressed out. In order to find a way out of all that, you need to get in touch with an attorney immediately.
Don't give up and let the district attorney win. Don't wait too long and lose your driving privileges. 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 Salinas, CA DUI charges. We're available to help immediately and will work on a strategy to defend your license and your freedom now. Talk with one of us now at (800) 755-5174 or get in touch online for a free consultation.
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