DUI Lawyer San Luis Obispo. DUI law in San Luis Obispo is complex. Besides losing your license, there's a lot at stake; if you're facing years in prison for a repeat offense, your car is the least of your worries. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and by declining, you could face even harsher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
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 challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is available to protect you in San Luis Obispo.
We are California's top 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 veteran defense attorneys who know how to protect you in the San Luis Obispo, CA, court system and will always be honest with you about the state of your case and the best path forward.
Take too long to start your defense, and you could miss your chance. Reach out without delay at (800) 755-5174 or tell us how we can help online to start putting together your defense strategy today.
San Luis Obispo, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but it's still important to know how to handle a traffic stop. Here are four tips from a San Luis Obispo, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
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. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections both before and after an arrest. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Refuse Voluntary Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. If you haven't been arrested, you can decline 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: Don't Argue With the Officer
Acting belligerent and uncooperative won't help — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; 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, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in San Luis Obispo?
California DUI Law allows an officer to arrest you even if you BAC is below .08, 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 utilizing field sobriety tests, then arrest you based on that.
Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension starts right away, when you're arrested – 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: Before you are released, you will go to court, 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: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the meantime, your San Luis Obispo DUI defense expert will building the framework of your defense and filing motions to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will bargain with the San Luis Obispo district attorney to avoid a trial with a plea deal that protects you. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: Your case probably will not go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on the outcome of your case, 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 help you out, no matter where you are in the process, on both the criminal defense and driver's license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!
San Luis Obispo DUI Allegations and Criminal Cases vs. DMV Hearings
San Luis Obispo, CA, DUI charges are always a two-pronged challenge: The criminal case and the driver's case. This will always require two separate defenses, but both cases can be fought by the same DUI defense lawyer.
Here are descriptions of both case categories, and ways we defend your liberty and right to drive:
San Luis Obispo, 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 Luis Obispo, CA, legal system.
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 craft a staunch defense and push back against the allegations. We'll debate the legality of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in San Luis Obispo, CA. Frequently, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
San Luis Obispo, CA, DUI License Suspension
While your San Luis Obispo criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is independent of the criminal case, 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, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully 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. These hearings have serious consequences that require an expert San Luis Obispo, CA, DUI lawyer to navigate. At the hearing, 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 back immediately. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's essential to contact a San Luis Obispo DUI defense lawyer right away after the traffic stop.
San Luis Obispo DUI Sentences and Consequences
San Luis Obispo, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be up against, depending on the circumstances of the alleged offense:
| 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 |
Beyond the San Luis Obispo, CA legal sentence collateral consequences, such as more expenses on your insurance and career setbacks.
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. For immigrants seeking citizenship, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
If any of the above situations apply to you, don't panic: Call one of our San Luis Obispo, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs to protect your record, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll want to get back to life as normal, before the charges. However, 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 Luis Obispo, CA, DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
Top DUI Defense Attorneys in San Luis Obispo: What You Need to Know
Accused of a DUI in San Luis Obispo? It is key to pick the right lawyer to fight for you. Your team needs the abilities, history, and relationships to provide the optimal outcome for your case. When you speak with San Luis Obispo, 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, several of our members are former judges, district attorneys, and law enforcement, totalling over five decades of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: You need connections to get a good plea deal. Our team will leverage our connections with the prosecutors in San Luis Obispo and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. 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 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 want you to be our next success story.
DUI Case Types We Defend in San Luis Obispo
Whatever DUI charge you're up against in San Luis Obispo, CA – our DUI defense lawyers are prepared to defend you against the charges.
Below are some of the DUI cases 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 Strategies in San Luis Obispo, CA
Every DUI case needs a defensive strategy, and our San Luis Obispo, CA DUI defense lawyers are here to help you find the right one. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legality of the Arrest
If law enforcement made a mistake while conducting their investigation, you might be able to secure a dismissal of the charges. This defense is effective 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 BAC 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. We will highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. While this is can be difficult to overcome, we won't give up yet. 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 – Talk To Our San Luis Obispo DUI Defense Lawyers NOW
After a DUI arrest, it can be a whirlwind of legal processes. You can't drive anymore, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to feel like there's no way forward. What you need to do is contact an attorney immediately.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all San Luis Obispo, CA DUI charges. We're prepared to start building your defense fast and will begin protecting your license and your freedom right away. Talk with one of us now at (800) 755-5174 or tell us about your charges online for a free case review.
We also provide the following legal services in San Luis Obispo, CA:
Payment Plans
