DUI Lawyer San Bernardino. If convicted, a DUI can permanently change your life for the worse. You're being accused of a crime; you're also facing jail time, fines, and other penalties. California law also prohibits you from refusing to take a DUI test, 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're facing these types of charges in CA, you should consult with an expert to find your best path forward. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's leading DUI defense lawyers and have over 50 years of combined courtroom experience. When you work with us, you're getting a team of DUI defense experts who know how to defend your rights in the San Bernardino, CA, legal system and will always be honest with you about the state of your case and the best path forward.
Don't wait and let your chance slip away. Reach out right away at (800) 755-5174 or contact us online to start putting together your defense today.
San Bernardino, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a San Bernardino, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
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. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections at all points in the legal process. Trying to explain away the smell of alcohol will probably just get you in more trouble.
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, 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: Respect the Law Enforcement Officer
Resisting the police won't improve your case — it will make things worse. This isn't just something you're doing out of courtesy, though; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in San Bernardino?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you refuse to be 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 through field sobriety tests, then arrest you based on their evaluation of you.
Once this happens, 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 start the minute the officer arrests you – on the spot, you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, the police are providing a record of the arrest to the San Bernardino, CA, DMV, at which point, you're officially facing a license suspension.
- Arraignment: After your arrest and before your release, you will attend a hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: As soon as you're released from jail, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. While you're waiting for the trial, your San Bernardino DUI defense expert will building the framework of your defense and filing motions to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will work directly with the San Bernardino prosecutor to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be creating a defense now.
- Criminal Trial: It's rare that a 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 the result of your case, you may face a punishment. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!
Defending Against San Bernardino DUIs: Criminal Cases vs. DMV Hearings
San Bernardino, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the administrative case. This will always require two separate defenses, but both cases can be fought by the same DUI defense lawyer.
Here are descriptions of both case categories, and ways we defend your justice and vehicular rights:
San Bernardino, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the San Bernardino, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we present reasonable doubt and push back against the charges. We'll question whether or not the traffic stop was legitimate, demonstrate any present errors in the police officer's judgement, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can exonerate you.
If you're facing jail time in San Bernardino, CA, our attorneys can help you avoid it. In many cases, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
San Bernardino, 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 if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the outcome of the DMV hearing hinges on 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. At the Law Offices of David S. Chesley, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, 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 essential to contact a San Bernardino DUI defense lawyer immediately after the arrest.
San Bernardino DUI Sentences and Consequences
San Bernardino, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, you could still be sentenced to 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 what your charges are:
| 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 San Bernardino court, you have to endure several collateral consequences, such as rising insurance rates 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 you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI conviction will qualify an immigrant for deportation. For immigrants seeking citizenship, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
If any of the above situations apply to you, don't panic: Call one of our San Bernardino, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whatever happens in the court case, you're liking looking forward to putting this all behind you. Unfortunately, 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 San Bernardino, CA, DUI defense attorney can help you out here, too, and give you a path to clean your record.
When You're Picking a San Bernardino, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in San Bernardino? It's critical to pick the right lawyer to take your case. Your team needs the abilities, history, and connections to provide the optimal outcome for your case. When you speak with San Bernardino, CA, DUI attorneys about your case, ask them about the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and police, totalling over 50 years of experience handling cases.
- Availability: So that you can get help right away when you need it. You can get a hold of us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our team will leverage our connections with the prosecutors in San Bernardino and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud to be respected amongst our peers 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Defend in San Bernardino
Whatever DUI charge you're up against in San Bernardino, CA – our DUI defense attorneys are prepared help you navigate the charges.
This is a list of the DUI allegations we have experience defending:
- 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 San Bernardino, CA
Our San Bernardino, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Challenge the Legitimacy of the Arrest
If the police did not follow proper procedure while stopping and examining you, we can challenge the evidence, and even the legitimacy of the case itself. 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.
Flaws in Chemical Tests
Many DUI cases center around a blood-alcohol content test. We will investigate any possible errors that were made when you took the test, push for tests to be redone, 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 a normal part of the process when police are evaluating if someone is driving intoxicated or not. But ultimately, these are judgment calls on the part of the officer. We will examine the evidence and show whether or not you were fairly judged.
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. Even though this is harder to fight, 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.
Timing is Critical – Speak With Our San Bernardino DUI Defense Attorneys AS SOON AS POSSIBLE
San Bernardino, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. Your license disappears, there could be interrogations, you're given a court date…it's easy to be overwhelmed. To fight through the allegations, your first step is to call a DUI defense lawyer immediately.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Bernardino, CA DUI charges. We're prepared to start building your defense immediately and will begin protecting your license and your rights immediately. Speak with a lawyer 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 San Bernardino, CA:
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