DUI Lawyer San Diego. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; if you're facing years in prison for a repeat offense, your car is the least of your worries. California law also prohibits you from refusing to take a DUI test, and the consequences you face might be even worse than a DUI conviction. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you find yourself in this situation, you should consult with an expert to find your best path forward. Trying to defeat the allegations 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 top DUI defense lawyers and have over 50 years of combined courtroom experience. When you work with us, you're getting a team of accomplished defense attorneys who know how to operate the San Diego, CA, judicial 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. Talk to a lawyer today at (800) 755-5174 or contact us online to start preparing your defense strategy today.
San Diego, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a San Diego, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you don't need to search for them, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. 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, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it can end up making your case harder to defend. This isn't just something you're doing out of courtesy, though; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in San Diego?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. The police can use other methods to determine whether or not you were safe to drive, often through field sobriety tests, then decide whether or not to arrest you based on your performance.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can go into effect at the time of the arrest – when arrested, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're proceeding through the system, the police are updating your records with the DMV to account for the arrest, which updates their records to show your license as suspended.
- Arraignment: Sometime after arriving at the police station, you will attend a hearing, and a prosecutor will announce what charges you're up against.
- 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: 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 Diego DUI defense lawyer will building the framework of your defense and filing motions to review the arrest footage, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will communicate with the San Diego prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges 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, it's possible that your record will be eligible for sealing.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and DMV side. For advice on any stage with your charges, the Law Offices of David S. Chesley are here for you!
DUIs in San Diego, CA and Criminal Cases vs. DMV Hearings
San Diego, CA, DUI charges are always a two-pronged challenge: The criminal case and the license suspension. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are some things you need to know about both, and how we fight to protect your justice and license:
San Diego, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to San Diego, CA, court.
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 provide expert defense and push back against the charges. We'll debate the legality of the traffic stop, argue against he officer's observations, look for faults in laboratory examinations, and hunt for other evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in San Diego do not receive any jail sentence. Commonly, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
San Diego, CA, DUI License Suspension
Meanwhile, you need to worry about 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 your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. 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 blow, whether or not you were properly informed of the consequences. When you work with us, we'll fight 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 a second chance to request that hearing. This is why it's essential to contact a San Diego DUI defense attorney without delay after the traffic stop.
Punishments After a DUI Conviction in San Diego, CA
San Diego, CA, DUI criminal penalties can be harsh – though you could 'only' be facing misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be up against, depending on the allegations you're facing:
| 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 |
In addition to any criminal sentence in San Diego, CA, you're also facing collateral consequences, such as elevated insurance costs and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 currently applying to become a U.S. citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your San Diego, CA, immigration lawyer. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: 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. You'll find, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in San Diego, CA, our DUI lawyers will also fight to protect you in this way, and give you a path to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's key to pick the right lawyer to represent you. Your team needs the skills, background, and contacts to find the best outcome for your case. When looking for a DUI defense lawyer in San Diego, 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, you get a team that has former judges, district attorneys, and police officers, totalling over five decades of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. You can get a hold of us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in San Diego and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Defend Against in San Diego
It doesn't matter what kind of DUI you're facing in San Diego, CA – our DUI defense team is prepared stand by you against the charges.
Here are some of the DUI case types we regularly 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 Strategies in San Diego, CA
Every DUI case needs a defensive strategy, and our San Diego, CA DUI defense lawyers are here to help you find the right one. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can challenge the evidence, and even the legitimacy of the case itself. This defense is a good option 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 potential procedural errors, re-examine the evidence to look for alternate explanations, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records 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. This may sound bad, but you do still have viable defense strategies. 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 – Contact Our San Diego DUI Defense Attorneys NOW
San Diego, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. You can't drive anymore, there could be interrogations, you're assigned a court date…it's easy to feel overwhelmed. With everything going on, your best way out is to call aSan Diego, CA, DUI lawyer now.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Diego, CA DUI charges. We're standing by to answer your call fast and will can fight for your license and searching for positive outcomes today. Talk with one of us now at (800) 755-5174 or tell us about your case online for a confidential case review.
We also provide the following legal services in San Diego, CA:
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