DUI Lawyer San Mateo. If you're up against a DUI in San Mateo, it can feel overwhelming. You're being accused of a crime; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and the consequences you face might be even worse than a DUI conviction. 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 shouldn't need to do this without help. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's premier 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 DUI defense experts who know how to navigate the San Mateo, CA, judicial system and provide paths to positive outcomes.
If you wait too long to build a defense, it could become too late. Talk to a lawyer right away at (800) 755-5174 or tell us about your case online to start building your defense today.
San Mateo, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but knowing how to handle the situation is important for all San Mateo, CA, residents. Below are four tips from a San Mateo, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. 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 the right to remain silent during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you are on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Don't Argue With the Officer
Resisting the police won't improve your case — it will increase your chances of getting in trouble. 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 Mateo?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you refuse to be tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely through field sobriety tests, then make arrests based on how you do.
Once this happens, 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. Meanwhile, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will inform you of the charges against you.
- 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: You'll likely be given bail or released on your own recognizance. In the interim, your San Mateo DUI defense attorney will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will bargain with the San Mateo district attorney to present you with plea deal offers that could protect your freedom. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
- Criminal Trial: It's unlikely that your DUI case will 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 how your case turns out, you may face penalties. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and administrative side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), our team has the knowledge to guide you forward!
San Mateo, CA, DUI Differences: Criminal Cases vs. DMV Hearings
San Mateo, CA, DUI charges include two separate fights: The criminal case and the administrative case. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are descriptions of both case categories, and insights into how we protect your liberty and vehicular rights:
San Mateo, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 listen to your side of the story and fight against the supposed wrongdoing. We'll debate the legality of the traffic stop, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can result in a not guilty plea.
The vast majority of our DUI clients in San Mateo do not receive any jail sentence. For several 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 argue for probation to maintain your freedom.
San Mateo, CA, DUI License Suspension
On the other side of a San Mateo DUI charge is the DMV and your license suspension. This suspension is automatically applied, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
In many cases, the status of your criminal case doesn't have a huge impact on 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 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 participate in tests, whether or not you were properly informed of the consequences. When you hire us, 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 unsuspended. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's crucial to contact a San Mateo DUI defense lawyer without delay after the arrest.
Potential Penalties for a DUI in San Mateo
San Mateo, CA, DUI criminal penalties are a lot to face – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, we've listed 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 Mateo, CA legal sentence collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 will be put on the same level as serious felonies when it comes to immigration consequenceses. For immigrants seeking citizenship, even if you aren't deported, it hurts your application process.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a San Mateo, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs to protect your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. Unfortunately, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A San Mateo, 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.
Top DUI Defense Attorneys in San Mateo: What You Need to Know
Accused of a DUI in San Mateo? It is important to pick the right lawyer to fight for you. Your team needs the expertise, background, and contacts to offer the best possible outcome for your case. The top San Mateo, CA, DUI defense attorneys will have all of the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. 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. You can get a hold of us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in San Mateo and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. 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 Defend Against in San Mateo
Whatever type of DUI charge you need help with in San Mateo, CA – all of our DUI defense attorneys are prepared help you navigate the charges.
Below, you can review a list of the DUI case types we have experience defending:
- 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 Accident Defense
- 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 in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in San Mateo, CA
When you work with the Law Offices of David S. Chesley, your San Mateo, 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.
Challenge the Legitimacy of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, your case could be thrown out on legal grounds. This defense is a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will investigate whether or not the procedure was followed when administering the tests, retest when possible, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. Our attorneys will review the footage and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, there are still ways to fight it. 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.
Start Your Defense Today – Contact Our San Mateo DUI Defense Lawyers TODAY
After a DUI arrest, it can be a whirlwind of legal processes. You lose your license, you might be interrogated, you get a court date…it's easy to be lost. In order to find a way out of all that, you need to get in touch with a DUI defense lawyer now.
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 try to handle it on your own. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all San Mateo, CA DUI charges. We're available to help today and will start protecting your driving privileges and keep you out of jail as soon as you call. Speak with a lawyer now at (800) 755-5174 or let us know what you need online for a free consultation.
We also provide the following legal services in San Mateo, CA:
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