DUI Lawyer Santa Clara. Santa Clara DUI charges are very serious. You're being accused of a crime; criminal charges can result in prison, fines, and additional harsh penalties. 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 fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you've been accused of a DUI in Santa Clara, CA, you need help from a DUI defense expert. Trying to navigate the laws and the courts is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Santa Clara, CA.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you choose us, you're getting a team of experienced, high-quality lawyers who know how to fight for you in the Santa Clara, CA, judicial system and find the best result for your case.
While you're hesitating, the odds are stacking up against you. Get in touch right away at (800) 755-5174 or send us a note online to start putting together your defense strategy today.
Santa Clara, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, 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 Clara, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
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: 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 Fifth Amendment protections at all points in the legal process. Don't talk without an attorney present.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. The officer may not like it, but they can't compel you to participate. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Respect the Law Enforcement Officer
Resisting the police won't help — it will come back to bite you. This is about more than just avoiding an arrest in the short term; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Santa Clara?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you refuse to be tested at all. The police can use other methods to determine whether or not you were safe to drive, likely using field sobriety tests, then arrest you based on your performance.
Once this happens, the CA legal system will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, the police are informing the DMV about the arrest, officially suspending your license.
- Arraignment: At some point when you're in jail, you will be brought before a judge, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Separate from the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Most people accused of DUIs in Santa Clara, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Santa Clara DUI defense expert will file pretrial motions, likely including some to dismiss charges, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will communicate with the Santa Clara prosecutor to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be creating a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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, 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 bureaucratic side. No matter where you are in your case, call now and we'll be happy to assist!
Santa Clara DUI: Fighting Criminal Cases vs. DMV Hearings
Santa Clara, 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 a skilled DUI defense attorney will help you with both.
Here are important factors for both case types, and how we fight to protect your freedom and vehicular rights:
Santa Clara, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Santa Clara, CA, court.
The general court process is the same as any other criminal case – 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 listen to your side of the story and fight against the allegations. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can exonerate you.
The vast majority of our DUI clients in Santa Clara do not receive any jail sentence. For several cases, 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 Clara, 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 goes into effect automatically, 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, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the entire DMV hearing is about whether or not 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. At the Law Offices of David S. Chesley, 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 another chance to schedule that hearing. This is why it's essential to contact a Santa Clara DUI defense attorney right away after the arrest.
Santa Clara DUI Sentences and Consequences
Santa Clara, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be up against, depending on the circumstances of the alleged offense:
| 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 Santa Clara, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 conviction will qualify an immigrant for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Santa Clara, 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 with alternatives to criminal sentencing, 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 your case ends in a conviction or an acquittal, 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, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Santa Clara, CA, our DUI lawyers will also fight to protect you in this way, and give you a path to clean your record.
Top DUI Defense Attorneys in Santa Clara: What You Need to Know
Defending yourself against a DUI in Santa Clara? It's key to pick the right lawyer to take your case. Your team needs the skills, background, and ties to secure a positive outcome for your case. When looking for a DUI defense lawyer in Santa Clara, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police, totalling over five decades of experience handling cases.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Santa Clara and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. 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. And we'd be proud to represent you as well.
DUI Case Types We Take On in Santa Clara
Whatever type of DUI charge you need help with in Santa Clara, CA – all of our DUI defense attorneys are prepared to battle against the charges.
Below are some 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 Clara, CA
Every DUI case needs a defensive strategy, and our Santa Clara, CA DUI defense lawyers are here to help you find the right one. 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 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
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, push for tests to be redone, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. An experienced Santa Clara, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. Even though this is harder to fight, you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Talk To Our Santa Clara DUI Defense Attorneys TODAY
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. Your license disappears, there could be interrogations, you're told you have a court date…it's easy to feel stressed out. And that's why it's all the more important to contact a lawyer immediately.
Don't let the state decide how your case will go. Don't lose your ability to drive without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Santa Clara, CA DUI charges. We're equipped with the tools to build your case right now and will start protecting your driving privileges and your liberty immediately. Reach out to us now at (800) 755-5174 or let us know what you need online for a free, confidential case review.
We also provide the following legal services in Santa Clara, CA:
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