DUI Lawyer Santa Ana. DUI law in Santa Ana is complex. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, 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 prepared for any DUI charges in Santa Ana, CA.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of veteran defense attorneys who know how to navigate the Santa Ana, CA, judicial system and find the best result for your case.
If you wait too long to build a defense, it could become too late. Reach out anytime, day or night, at (800) 755-5174 or tell us about your case online to start putting together your case's defense today.
Santa Ana, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Santa Ana, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. 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: 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. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Don't Argue With the Officer
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 can be used against you.
What Happens After a DUI Arrest in Santa Ana?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, generally with field sobriety tests, then make arrests based on how you do.
Once you've been 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 effective immediately after your arrest – on the spot, you will be given a 30-day, temporary license, and your actual license will be taken. In the meantime, the police are providing a record of the arrest to the Santa Ana, CA, DMV, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, you will go to court, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Separate from the criminal charges, 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 meantime, your Santa Ana DUI defense expert will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will bargain with the Santa Ana district attorney to avoid a trial with a plea deal that protects you. But if it does go to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges 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 the outcome of your case, 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 help you with any step of the legal process, on both the criminal defense and driver's license 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!
Santa Ana DUI Allegations and Criminal Cases vs. DMV Hearings
Santa Ana, CA, DUI charges are special because of their dual-nature: The criminal case and the DMV case. 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 some things you need to know about both, and insights into how we protect your liberty and right to drive:
Santa Ana, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we present reasonable doubt and attack the accusations. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can tell a different story.
We have an extremely strong track record of clients who have avoided jail time in Santa Ana, 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.
Santa Ana, CA, DUI License Suspension
While your Santa Ana criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
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 alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll argue over 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 any more chances to request that hearing. This is why it's essential to contact a Santa Ana DUI defense attorney without delay after an arrest.
Punishments After a DUI Conviction in Santa Ana, CA
Santa Ana, CA, DUI criminal penalties can permanently affect your life – even though some are misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be facing, depending on the allegations you're facing:
| 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 |
On top of whatever sentence you receive in Santa Ana court, you have to endure several collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. The good news is that, currently, a first-time DUI is generally not grounds for removal. The bad news is that if something made this allegation more serious, like an injured bystander, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Santa Ana, CA, immigration lawyer. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs that can protect you from a conviction, 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 guilty or not guilty, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Santa Ana, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.
Important Qualities You Need in a Santa Ana, CA DUI Attorney
When you're facing DUI charges, it's important to pick the right lawyer to take your case. Your team needs the skills, history, and contacts to provide the optimal outcome for your case. When you speak with Santa Ana, CA, DUI attorneys about your case, ask them about the following:
- 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 with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our team is prepared to help you 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 Santa Ana and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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: 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. We're ready to add you to our list of success stories.
DUI Case Types We Fight in Santa Ana
Whatever DUI charge you're up against in Santa Ana, CA – all of our DUI defense attorneys are prepared to battle against the charges.
Below, you can review a list of the DUI case types we typically 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 Strategies in Santa Ana, CA
Whatever type of charge you're facing, our Santa Ana, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, your case could be thrown out on legal grounds. This defense is a good option 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
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 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 a normal part of the process when police are evaluating if someone is driving intoxicated or not. But these tests are subjective. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. 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 – Speak With Our Santa Ana DUI Defense Attorneys NOW
If you've been arrested or accused of a DUI in Santa Ana, CA, it can feel like you barely have a chance to think. Your license is suspended, you could find yourself in an interrogation room, you get a court date…it's easy to feel overwhelmed. And that's why it's all the more important to speak to a DUI defense lawyer as soon as possible.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Santa Ana, CA DUI charges. We're equipped with the tools to build your case immediately and will work on a strategy to defend your license and keep you out of jail right away. Reach out to us now at (800) 755-5174 or fill out our contact form online for a free case review.
We also provide the following legal services in Santa Ana, CA:
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