DUI Lawyer San Pedro. If you're up against a DUI in San Pedro, it can feel overwhelming. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. You can face DUI charges even for just refusing to take the tests, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you find yourself in this situation, you don't want to be alone. 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 prepared to defend your freedom.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you retain us, you're getting a team of former prosecutors who know how to defend your rights in the San Pedro, CA, court system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Talk to a lawyer now at (800) 755-5174 or tell us about your charges online to start constructing your case's defense today.
San Pedro, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a San Pedro, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By keeping these documents on hand, 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 during the entirety of your interactions with the law. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Automatically Consent to 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. 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: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it will come back to bite you. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: If you try to talk back or argue with the officer, 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. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, often through field sobriety tests, then arrest you based on the results.
As soon as you're arrested, 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 can begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're proceeding through the system, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: At some point when you're in jail, you will be brought before a judge, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Between your potential release and the trial, your San Pedro DUI defense expert will be filing motions, including motions to suppress evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will bargain with the San Pedro 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 creating a defense now.
- Criminal Trial: It's rare that a 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, you may be eligible to have your record sealed.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and administrative side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
San Pedro, CA, DUI Differences: Criminal Cases vs. DMV Hearings
San Pedro, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. These are handled separately by the state, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are the key things to be aware of for each, and insights into how we protect your freedom and right to drive:
San Pedro, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
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 build your defense and fight against the accusations. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can result in a not guilty plea.
The vast majority of our DUI clients in San Pedro do not receive any jail sentence. For several 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 avoid jail time with a probation sentence.
San Pedro, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and in order to 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, 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. These hearings have serious consequences that require an expert San Pedro, CA, DUI lawyer to navigate. At the hearing, we'll question 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 request that hearing. This is why it's essential to contact a San Pedro DUI defense lawyer as soon as you can after an arrest.
San Pedro DUI Sentences and Consequences
San Pedro, CA, DUI criminal penalties are intimidating – even though some are misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be facing, depending on how exactly your charged and your history:
| Alleged DUI Offense | 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 any sentence that a judge in San Pedro, CA, sentences you to, you also need to worry about collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be devastating. On the bright side, most first-time DUIs at this time will not result in deportation. 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. For immigrants seeking citizenship, even if you aren't deported, it can set your efforts back by several years.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a San Pedro, CA, immigration lawyer can help you navigate the situation. 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 will protect you from the harshest outcomes, defend you against efforts to expel you from the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. A San Pedro, CA, DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
When You're Picking a San Pedro, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's essential to pick the right lawyer to defend you. Your team needs the proficiency, preparation, and connections to give you opportunities for a positive outcome for your case. Here are the main things to look for in your San Pedro, CA, DUI defense lawyer:
- 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 police officers, totalling more than five decades of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our offices are always available if you need to talk 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. We have experience working with the prosecutors in San Pedro and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Fight in San Pedro
Administrative, criminal, or anything else related to DUIs in San Pedro, CA – our DUI defense lawyers are prepared stand by you against the charges.
This is a list of the DUI cases 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 Tactics in San Pedro, CA
When you work with the Law Offices of David S. Chesley, your San Pedro, CA, DUI attorney will draw from years of experience with effective defense strategies. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Challenge the Legality 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, your case could be thrown out on legal grounds. This defense is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical 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 when possible, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a typical part of any traffic stop that turns into a DUI investigation. But ultimately, these are judgment calls on the part of the officer. We will examine the evidence and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, 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 – Talk To Our San Pedro DUI Defense Lawyers RIGHT AWAY
When you're up against San Pedro DUI charges, it can feel like you barely have a chance to think. You lose your license, law enforcement might try to do additional tests, you're informed of a court date…it's easy to feel stressed out. With everything going on, your best way out is to speak to aSan Pedro, CA, DUI attorney immediately.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all San Pedro, CA DUI charges. We're equipped with the tools to build your case right now and will start protecting your driving privileges and searching for positive outcomes now. Get a hold of us now at (800) 755-5174 or set up an appointment online for a no-obligation consultation.
We also provide the following legal services in San Pedro, CA:
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