DUI Lawyer San Leandro. If convicted, a DUI can permanently change your life for the worse. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. Declining a breathalyzer or blood test on its own can result in charges, 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 the San Leandro, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in San Leandro, CA.
We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you choose us, you're getting a team of legal experts who know how to fight for you in the San Leandro, CA, judicial system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Reach out 24/7 at (800) 755-5174 or tell us about your case online to start crafting your case's defense today.
San Leandro, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but it's still important to know how to handle a traffic stop. Below are four tips from a San Leandro, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Automatically Consent to Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. The officer may not like it, but they can't compel you 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
Arguing with the officer won't improve your case — it will likely be something you regret. You should be respectful for more than its own sake, though; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in San Leandro?
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. Police officers can do this because they when they rely on other methods to tell if you are impaired, likely via field sobriety tests, then arrest you based on how you do.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, the police are contacting the DMV about your DUI arrest, officially suspending your license.
- Arraignment: Before you are released, you will attend a hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Meanwhile, your San Leandro DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will speak with the San Leandro district attorney to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges 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 a punishment. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and administrative side. If you're facing a potential conviction, our team has the knowledge to guide you forward!
San Leandro, CA, DUI Differences: Criminal Cases vs. DMV Hearings
San Leandro, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are important factors for both case types, and ways we defend your liberty and driving privileges:
San Leandro, 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 Leandro, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we provide expert defense and attack the allegations. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and search for other witnesses or evidence that can tell a different story.
We have an extremely strong track record of clients who have avoided jail time in San Leandro, CA. Commonly, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
San Leandro, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is automatically applied, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the hearing is to determine if you were legitimately 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 question 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, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's critical to contact a San Leandro DUI defense lawyer as soon as you can after the traffic stop.
Sentence You Could Face for a DUI in San Leandro, CA
San Leandro, CA, DUI criminal penalties are a lot to face – while many are considered 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 the nature of the allegations:
| 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 Leandro, CA, you're also facing collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
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 certain circumstances apply, like DUIs causing injury or repeat offenses, 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 hurts your application process.
A DUI accusation doesn't have to end your time in the United States. You can get help from your San Leandro, 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 to protect your record, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, it's natural to want to move on and leave this in the past. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A San Leandro, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
Important Qualities You Need in a San Leandro, CA DUI Attorney
When you're facing DUI charges, it's important to pick the right lawyer to take your case. Your team needs the expertise, preparation, and connections to find the best outcome for your case. Here are the main things to look for in your San Leandro, CA, DUI defense lawyer:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, prosecutors, and police, totalling more than five decades of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. We're available 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We know how to connect with the prosecutors in San Leandro and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- 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're ready to add you to our list of success stories.
DUI Case Types We Take On in San Leandro
Criminal and administrative, whatever type of DUI charges you're fighting in San Leandro, CA – our DUI defense team is prepared for the charges.
Here is a list of the DUI case types we commonly 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 Tactics in San Leandro, CA
Whatever type of charge you're facing, our San Leandro, CA, DUI attorneys can help you fight it. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legality 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 is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. We will look into any issues with how the equipment was stored or used, push for tests to be redone, and find any other mistakes law enforcement made that could exonerate you.
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 these tests are subjective. Your local DUI lawyer will inspect any records of the test and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. This may sound bad, but you do still have viable defense strategies. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Get Immediate Help – Speak With Our San Leandro DUI Defense Attorneys TODAY
After a DUI arrest, it can feel like you barely have a chance to think. Your license disappears, you could find yourself in an interrogation room, you get a court date…it's easy to be lost. In order to find a way out of all that, you need to hire a lawyer right away.
Don't give the state a chance to put you behind bars. Don't lose your license because you missed the DMV hearing window. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all San Leandro, CA DUI charges. We're ready to take on your case immediately and will work on a strategy to defend your license and your rights today. Speak with a lawyer now at (800) 755-5174 or fill out our contact form online for a free, confidential case review.
We also provide the following legal services in San Leandro, CA:
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