DUI Lawyer San Bernardino. DUI law in San Bernardino is complex. Besides losing your license, there's a lot at stake; criminal charges can result in prison, fines, and additional harsh penalties. CA law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you're facing these types of charges in CA, you need someone in your corner. 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 prepared to defend your freedom.
We are CA's best DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of former prosecutors who know how to navigate the San Bernardino, CA, legal system and find the best result for your case.
Don't wait and let your chance slip away. Call right away at (800) 755-5174 or tell us about your case online to start building your defense strategy today.
What Happens After a DUI Arrest in San Bernardino?
CA DUI Law allows an officer to arrest you even if you blow below the legal limit, or if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, probably via field sobriety tests, then make arrests based on your performance.
As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – you will be given a 30-day, temporary license, while the officer will keep your regular license. In the meantime, the police are contacting the DMV about your DUI arrest, officially suspending your license.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: As soon as you're released from jail, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the meantime, your San Bernardino DUI defense attorney will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will work directly with the San Bernardino prosecutor to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be preparing now.
- Criminal Trial: Your case probably will not 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 penalties. 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 provide you with advice on the best way to move forward, on both the criminal defense and license side. For advice on any stage with your charges, give us a call so that we can help!
San Bernardino DUI Allegations and Criminal Cases vs. DMV Hearings
San Bernardino, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and ways we defend your freedom and driving privileges:
San Bernardino, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
The general court process is the same as any other criminal case – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we defend your freedom and push back against the charges. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can tell a different story.
The vast majority of our DUI clients in San Bernardino do not receive any jail sentence. Frequently, we'll negotiate a plea deal to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoargue for probation to maintain your freedom.
San Bernardino, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect automatically, 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, 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 BAC 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, you're out of options. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's critical to contact a San Bernardino DUI defense lawyer immediately after an arrest.
Potential Penalties for a DUI in San Bernardino
CA DUI criminal penalties are intimidating – 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 trying to avoid, 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 |
On top of whatever sentence you receive in San Bernardino court, you have to endure several collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. A 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
Up against DUI charges? It's key to pick the right lawyer to defend you. Your team needs the abilities, history, and ties to find the best outcome for your case. The top San Bernardino, 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 law enforcement, totalling over 50 years of experience.
- 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: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in San Bernardino and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Defend Against in San Bernardino
Criminal and administrative, whatever type of DUI charges you're fighting in San Bernardino, CA – our DUI defense attorneys 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
Don't Wait – Call Our San Bernardino DUI Defense Attorneys NOW
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. The police officer takes your license, they might try to do additional tests, you're given a court date…it's easy to feel out of control. With everything going on, your best way out is to contact a lawyer immediately.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Bernardino, CA DUI charges. We're ready to take on your case today and will start safeguarding your license and your rights as soon as you call. Get a hold of us now at (800) 755-5174 or tell us about your case online for a free, confidential consultation.
We also provide the following legal services in San Bernardino, CA:
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