DUI Lawyer San Gabriel. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. If you declined to take an alcohol test, you can face separate charges, and by declining, you could face even harsher penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
Regardless of whether you're innocent or not, you need someone in your corner. Trying to defeat the allegations is a fight that you need a team for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in San Gabriel, CA.
We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you work with us, you're getting a team of former prosecutors who know how to protect you in the San Gabriel, CA, court system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Reach out now at (800) 755-5174 or tell us about your charges online to start preparing your case's defense today.
San Gabriel, 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. Here are four tips from a San Gabriel, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. 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
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. If you haven't been arrested, you can decline to participate. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Be Polite and Don't Argue
Being rude won't improve your case — it will make things worse. This doesn't just help you get through the traffic stop; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in San Gabriel?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, generally using field sobriety tests, then make judgements based on their evaluation of you.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). Meanwhile, the police are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will read out the allegations that you are formally being charged with.
- 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: Most people accused of DUIs in San Gabriel, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your San Gabriel DUI defense lawyer will be filing motions, including motions to review the arrest footage, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will contact the San Gabriel district attorney to find a plea deal that minimizes penalties for you. But if you end up on trial in front of a judge, your attorney should be preparing now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how you plea or are found, you may face sanctions. 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 help you fight any allegation, on both the criminal defense and administrative side. No matter where you are in your case, the Law Offices of David S. Chesley are here for you!
DUIs in San Gabriel, CA and Criminal Cases vs. DMV Hearings
San Gabriel, CA, DUI charges are special because of their dual-nature: 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 important factors for both case types, and what our attorneys will do for your justice and vehicular rights:
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.
Your DUI case will typically go through the same process as any other criminal charge – 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 dissect the charges. We'll argue whether the police had the justification needed to pull you over, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and look for witness testimony and other proof that can tell a different story.
With our defense strategies, we are almost always successful at protecting our San Gabriel, CA, clients from jail time. In many cases, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
San Gabriel, CA, DUI License Suspension
On the other side of a San Gabriel DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to effectively 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 secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. 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 alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's important to contact a San Gabriel DUI defense attorney as soon as you can after the arrest.
Punishments After a DUI Conviction in San Gabriel, CA
San Gabriel, CA, DUI criminal penalties are intimidating – though you could 'only' be facing misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be fighting against, depending on the circumstances of the alleged offense:
| 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 |
You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and career setbacks.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. On the bright side, most first-time DUIs at this time will not result in deportation. 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 can result in removal from the country. For individuals working on the naturalization process, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
A DUI accusation doesn't have to end your time in the United States. You can get help from your San Gabriel, CA, immigration lawyer. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. The bad news is that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you may be eligible to either expunge or seal your records. A San Gabriel, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a path to clean your record.
When You're Picking a San Gabriel, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's vital to pick the right lawyer to represent you. Your team needs the proficiency, experience, and relationships to offer the best possible outcome for your case. When you speak with San Gabriel, CA, DUI attorneys about your case, ask them about the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and police, totalling more than 50 years of experience handling cases.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in San Gabriel and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. We're ready to add you to our list of success stories.
DUI Case Types We Take On in San Gabriel
Criminal and administrative, whatever type of DUI charges you're fighting in San Gabriel, CA – our DUI defense lawyers are prepared to defend you against the charges.
Here is a list of the DUI cases we often 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 Gabriel, CA
Our San Gabriel, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legitimacy of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, your case could be thrown out on legal grounds. 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
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will highlight the ways that these tests can give false readings, push for tests to be redone, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But ultimately, these are judgment calls on the part of the officer. We will audit the test records and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. While this is can be difficult to overcome, our lawyers have more defense strategies we can pull from. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Get Rapid Assistance – Call Our San Gabriel DUI Defense Lawyers RIGHT AWAY
When you're up against San Gabriel DUI charges, it feels like there's no space to breathe. Your license disappears, you could find yourself in an interrogation room, you're informed of a court date…it's easy to be overwhelmed. In order to find a way out of all that, you need to contact aSan Gabriel, CA, DUI attorney as soon as possible.
Don't wait for the prosecution to build a case against you. 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 fight for you.
We're experts at defending all San Gabriel, CA DUI charges. We're equipped with the tools to build your case immediately and will work on a strategy to defend your license and your freedom now. Reach out to us now at (800) 755-5174 or let us know what you need online for a confidential case review.
We also provide the following legal services in San Gabriel, CA:
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