DUI Lawyer San Pedro. The consequences of a DUI can be devastating. You're being accused of a crime; if you're facing years in prison for a repeat offense, your car is the least of your worries. If you declined to take an alcohol test, you can face separate charges, 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.
If the San Pedro, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.
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 legal experts who know how to operate the San Pedro, CA, judicial system and get you the best outcome possible.
Don't wait and let your chance slip away. Get in touch 24/7 at (800) 755-5174 or tell us about your case online to start building your case's defense today.
San Pedro, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a San Pedro, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked 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 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
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. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. If you haven't been arrested, you can decline to participate. 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
Acting belligerent and uncooperative won't improve your case — it will likely be something you regret. This is about more than just avoiding an arrest in the short term; 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 Pedro?
California DUI Law allows an officer to arrest you even if you blow below the legal 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 utilizing field sobriety tests, then make judgements based on your performance.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension effective immediately after your arrest – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, they are providing a record of the arrest to the San Pedro, CA, DMV, which updates their records to show your license as suspended.
- Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your San Pedro DUI defense attorney will building the framework of your defense and filing motions to review the arrest footage, 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 Pedro prosecutor to try and secure a favorable deal before a trial. But if you end up on trial in front of a judge, your attorney should be crafting a strategy 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 how your case turns out, you may face penalties. 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 fight any allegation, on both the criminal defense and bureaucratic side. No matter where you are in your case, the Law Offices of David S. Chesley are here for you!
Defending Against San Pedro DUIs: Criminal Cases vs. DMV Hearings
San Pedro, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the license suspension. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and how we fight to protect your freedom and vehicular rights:
San Pedro, 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 Pedro, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we present reasonable doubt and fight against the criminal accusations. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and look for evidence that can tell a different story.
We know what it takes to keep DUI defense clients out of jail in San Pedro, CA. 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 argue for probation to maintain your freedom.
San Pedro, 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 automatically applied, and to successfully 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, you can lose your license regardless of the outcome of the criminal case. Instead, the focus of this hearing is whether or not you were lawfully 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 hire us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you're out of options. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's essential to contact a San Pedro DUI defense lawyer as soon as you can after being arrested.
San Pedro DUI Sentences and Consequences
San Pedro, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, they can still result in up to 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 the circumstances of the alleged offense:
| DUI Criminal 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 |
On top of whatever sentence you receive in San Pedro court, you have to endure several collateral consequences, such as loss or increased expense of insurance and career setbacks.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically result in deportation. 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 Pedro, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs that can protect you from a conviction, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. The bad news is 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 Pedro, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.
When You're Picking a San Pedro, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's key to pick the right lawyer to represent you. Your team needs the skills, history, and ties to provide the optimal outcome for your case. Here are the main things to look for in your San Pedro, CA, DUI defense lawyer:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police officers, totalling over 50 years of experience.
- Availability: So that you can get help right away when you need it. You can speak with one of our team members 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our firm has experience working with the prosecutors in San Pedro and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. 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 Defend in San Pedro
Administrative, criminal, or anything else related to DUIs in San Pedro, CA – our DUI defense lawyers are prepared help you navigate the charges.
Below, you can review a list of the DUI charges we can provide defenses for:
- 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 Pedro, CA
Our San Pedro, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest 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, we can argue for your case to be dismissed. 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
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 advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But ultimately, these are judgment calls on the part of the officer. 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
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. This may sound bad, but there are still ways to fight it. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Rapid Assistance – Call Our San Pedro DUI Defense Attorneys NOW
If you've been arrested or accused of a DUI in San Pedro, CA, it can be a whirlwind of legal processes. Your license disappears, you might be interrogated, you get a court date…it's easy to feel out of control. What you need to do is hire aSan Pedro, CA, DUI attorney as soon as possible.
Don't wait for the prosecution to build a case against you. Don't wait too long and lose your driving privileges. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Pedro, CA DUI charges. We're prepared to start building your defense now and will start safeguarding your license and searching for positive outcomes now. Talk to one of our team members now at (800) 755-5174 or tell us about your case online for a no-obligation case review.
We also provide the following legal services in San Pedro, CA:
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