DUI Lawyer San Gabriel. San Gabriel DUI charges are very serious. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you don't want to be alone. Trying to navigate the laws and the courts is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are CA's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of veteran defense attorneys who know how to protect you in the San Gabriel, CA, court system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Call right away at (800) 755-5174 or contact us online to start constructing your defense strategy today.
What Happens After a DUI Arrest in San Gabriel?
CA DUI Law allows an officer to arrest you without a BAC level over the 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 using field sobriety tests, then make arrests based on the results.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, they are informing the DMV about the arrest, officially suspending your license.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will inform you of the charges against you.
- DMV Hearing: While all of the criminal proceedings are going on, 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 interim, your San Gabriel DUI defense lawyer will file pretrial potions, likely including some to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will communicate with the San Gabriel prosecutor to avoid a trial with a plea deal that protects you. 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 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 provide you with advice on the best way to move forward, on both the criminal defense and DMV side. Whatever stage in the process you're at, give us a call so that we can help!
Defending Against San Gabriel DUIs: Criminal Cases vs. DMV Hearings
San Gabriel, CA, DUI charges are always a two-pronged challenge: The criminal case and the license suspension. In CA, these are always two separate processes, 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 insights into how we protect your freedom and driving privileges:
San Gabriel, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Criminal cases, including DUIs, all follow the same basic process – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we build your defense and fight against the allegations. We'll question whether or not the traffic stop was legitimate, 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 Gabriel do not receive any jail sentence. For several cases, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
San Gabriel, CA, DUI License Suspension
While your San Gabriel criminal charges may be top of mind, don't forget about 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.
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 work with us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, there probably isn't a way to get your license unsuspended. 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 Gabriel DUI defense attorney immediately after being arrested.
Potential Penalties for a DUI in San Gabriel
CA DUI criminal penalties are a lot to face – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be facing, 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 Gabriel court, you have to endure several collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. However, 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 lawyer can help you with these processes, and give you a chance 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 represent you. Your team needs the skills, practice, and connections to secure a positive outcome for your case. The top San Gabriel, CA, DUI defense attorneys will have all of the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and law enforcement, totalling more than 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We're familiar with the prosecutors in San Gabriel and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in CA.
- Track Record of Success: At the end of the day, results matter. And our results are great. 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 Defend in San Gabriel
Criminal and administrative, whatever type of DUI charges you're fighting in San Gabriel, CA – the Law Offices of David S. Chesley is prepared to defend you against the charges.
Below are some of the DUI charges we frequently 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
Start Your Defense Today – Call Our San Gabriel DUI Defense Attorneys NOW
After a DUI arrest, things move pretty fast. Your license disappears, they might try to do additional tests, you're informed of a court date…it's easy to be overwhelmed. And that's why it's all the more important to call a lawyer right away.
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 just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Gabriel, CA DUI charges. We're prepared to start building your defense now and will begin protecting your license and your rights immediately. Call us now at (800) 755-5174 or set up an appointment online for a free, confidential consultation.
We also provide the following legal services in San Gabriel, CA:
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