DUI Lawyer San Marcos. 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 that can even result in tougher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
Regardless of whether you're innocent or not, you need someone in your corner. Trying to defend yourself against the charges is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's leading DUI defense lawyers and have successfully fought countless DUI charges. When you work with us, you're getting a team of former prosecutors who know how to protect you in the San Marcos, CA, justice system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Reach out today at (800) 755-5174 or tell us about your charges online to start putting together your case's defense today.
San Marcos, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a San Marcos, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Be Polite and Don't Argue
Arguing with the officer won't help — it will increase your chances of getting in trouble. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: By acting out or arguing, 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 Marcos?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you aren't tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, probably through field sobriety tests, then arrest you based on their evaluation of you.
Once you've been 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 can go into effect at the time of the arrest – right away, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, they are ensuring that the arrest is added to your DMV record, beginning the formal suspension.
- Arraignment: While under arrest, you will be summoned to a court hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- 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 Marcos, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your San Marcos DUI defense attorney will laying the groundwork of your defense through motions to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will contact the San Marcos prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face penalties. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and bureaucratic side. If you need help today, the Law Offices of David S. Chesley are here for you!
San Marcos DUI Allegations and Criminal Cases vs. DMV Hearings
San Marcos, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and insights into how we protect your liberty and license:
San Marcos, 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 Marcos, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we provide expert defense and attack the allegations. We'll examine the lawfulness of the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and look for witness testimony and other proof that can exonerate you.
With our defense strategies, we are almost always successful at protecting our San Marcos, CA, clients from jail time. In many cases, we'll get the prosecutor to reduce the charges, 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 Marcos, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to 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, your license can still be suspended even if you do not receive a criminal conviction. 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 to blow, whether or not you were properly informed of the consequences. When you work with us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's essential to contact a San Marcos DUI defense lawyer without delay after the arrest.
Potential Penalties for a DUI in San Marcos
San Marcos, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be trying to avoid, depending on what your charges are:
| 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 Marcos, CA legal sentence collateral consequences, such as increased insurance premiums and career setbacks.
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 you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will be put on the same level as serious felonies when it comes to immigration consequenceses. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
If any of the above situations apply to you, don't panic: Call one of our San Marcos, CA, immigration lawyers to get immediate help. 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, defend you against efforts to expel you from the country, and assist you with the citizenship application process.
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. It doesn't take long to realize, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our San Marcos, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's crucial to pick the right lawyer to defend your innocence. Your team needs the expertise, practice, and connections to find the best outcome for your case. The top San Marcos, 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, you get a team that has former judges, district attorneys, and police, totalling more than five decades of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our lines are never off, and you can contact us 24/7.
- Relationships: You need connections to get a good plea deal. We know how to connect with the prosecutors in San Marcos and all throughout CA.
- Reputation: Both in the community and in the legal sphere. 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: 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 want you to be our next success story.
DUI Case Types We Take On in San Marcos
Administrative, criminal, or anything else related to DUIs in San Marcos, CA – your DUI defense lawyer from our team prepared to defend you against the charges.
Below, you can review 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 Marcos, CA
When you work with the Law Offices of David S. Chesley, your San Marcos, CA, DUI attorney will draw from years of experience with effective defense strategies. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Contest the Legitimacy 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 relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any potential procedural errors, 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 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Our attorneys will review the footage 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. This may sound bad, but it's not the end of your case. 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.
Don't Wait – Contact Our San Marcos DUI Defense Lawyers NOW
When you're up against San Marcos DUI charges, it can feel like you barely have a chance to think. You lose your license, you might be interrogated, you're informed of a court date…it's easy to feel lost. What you need to do is hire aSan Marcos, CA, DUI attorney immediately.
Don't let the state decide how your case will go. 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 Marcos, CA DUI charges. We're ready to take on your case now and will start protecting your driving privileges and your rights today. Speak with a lawyer now at (800) 755-5174 or let us know what you need online for a confidential consultation.
We also provide the following legal services in San Marcos, CA:
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