DUI Lawyer San Mateo. San Mateo DUI charges are very serious. You're being accused of a crime; you're up against thousand dollar fines, years in jail, and more. California law also prohibits you from refusing to take a DUI test, and the consequences you face might be even worse than a DUI conviction. 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 stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is just a call away in San Mateo, CA.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of veteran defense attorneys who know how to defend your rights in the San Mateo, CA, legal system and will always be honest with you about the state of your case and the best path forward.
Don't wait and let your chance slip away. Get a hold of us 24/7 at (800) 755-5174 or tell us how we can help online to start preparing your defense strategy today.
San Mateo, 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 Mateo, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
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 during any form of questioning. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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: Treat the Officer Respectfully
Arguing with the officer won't improve your case — it will come back to bite you. This isn't just something you're doing out of courtesy, 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 Mateo?
California DUI Law allows an officer to arrest you without a BAC level over the limit, 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, likely utilizing field sobriety tests, then make judgements based on your performance.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. Most DUI cases in San Mateo, CA, follow this progression:
- Suspension: Your license suspension can go into effect at the time of the arrest – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, they are providing a record of the arrest to the San Mateo, CA, DMV, officially suspending your license.
- Arraignment: Sometime after arriving at the police station, you will be brought before a judge, and a prosecutor will announce what charges you're up against.
- DMV Hearing: As soon as you're released from jail, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your San Mateo DUI defense lawyer will be filing motions, including motions to suppress evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will speak with the San Mateo prosecutor to avoid a trial with a plea deal that protects you. But if the case goes to trial, 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 the outcome of your case, you may face sanctions. 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 guidance for any charge, on both the criminal defense and administrative side. For advice on any stage with your charges, you can start with a call to our offices!
San Mateo, CA, DUI Differences: Criminal Cases vs. DMV Hearings
San Mateo, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. 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 some things you need to know about both, and how we fight to protect your freedom and ability to drive:
San Mateo, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to San Mateo, CA, court.
Criminal cases, including DUIs, all follow the same basic process – 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 listen to your side of the story and fight against the allegations. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and search for other witnesses or evidence that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in San Mateo, 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 work out probation over jail or prison time.
San Mateo, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect 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.
At the administrative hearing, you're not facing criminal charges. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, this administrative hearing is focused on if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. When you work with a San Mateo, CA, DUI lawyer from our firm, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's vital to contact a San Mateo DUI defense lawyer promptly after an arrest.
San Mateo DUI Sentences and Consequences
San Mateo, CA, DUI criminal penalties can be harsh – though you could 'only' be facing misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be facing, 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 |
You'll also be facing significant collateral consequences, such as rising insurance rates and career setbacks.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. 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 can result in removal from the country. For immigrants seeking citizenship, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
These accusations can be intimidating, but they are not the end. Your San Mateo, CA, immigration lawyer can give you practical advice on what comes next. 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 that can protect you from a conviction, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
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 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. Fortunately, if you're in San Mateo, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
Important Qualities You Need in a San Mateo, CA DUI Attorney
No matter what DUI allegations you've been charged with, it's imperative to pick the right lawyer to fight for you. Your team needs the expertise, experience, and connections to find the best outcome for your case. Here are the main things to look for in your San Mateo, 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 officers, 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: Part of getting a positive plea deal is knowing the right people. We know how to connect with the prosecutors in San Mateo and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We are proud to be respected amongst our peers 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. If you're ready to join our list of successes, call now.
DUI Case Types We Fight in San Mateo
Whatever DUI charge you're up against in San Mateo, CA – our DUI defense lawyers are prepared help you navigate the charges.
Below are some of the DUI cases we regularly 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 Mateo, CA
If you want to craft an effective defense strategy, our San Mateo, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, 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. Our team will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But these tests are subjective. An experienced San Mateo, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
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, you do still have viable defense strategies. 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.
Start Your Defense Today – Speak With Our San Mateo DUI Defense Lawyers TODAY
DUI allegations are no joke. After you've been charged, things move pretty fast. The police officer takes your license, there could be interrogations, you're given a court date…it's easy to feel out of control. With everything going on, your best way out is to speak to aSan Mateo, CA, DUI lawyer now.
Don't give up and let the district attorney win. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Mateo, CA DUI charges. We're prepared to start building your defense today and will start safeguarding your license and searching for positive outcomes as soon as you call. Reach out to us now at (800) 755-5174 or tell us about your charges online for a confidential case review.
We also provide the following legal services in San Mateo, CA:
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