DUI Lawyer Santa Clarita. If you're up against a DUI in Santa Clarita, it can feel overwhelming. This isn't just an administrative issue; you're also facing jail time, fines, and other penalties. California law also prohibits you from refusing to take a DUI test, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
When you're up against the CA legal system, you need help from a DUI defense expert. Trying to navigate the laws and the courts is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's premier DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you choose us, you're getting a team of experienced, high-quality lawyers who know how to operate the Santa Clarita, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
Take too long to start your defense, and you could miss your chance. Talk to a lawyer today at (800) 755-5174 or send us a note online to start crafting your defense today.
Santa Clarita, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Santa Clarita, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, 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 the right to remain silent both before and after an arrest. Even just saying "I only had two drinks" can work against you.
Tip #3: Refuse Voluntary Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you 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, 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: Don't Argue With the 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 aids 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 Santa Clarita?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, 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 utilizing field sobriety tests, then decide whether or not to arrest you based on that.
As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- 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 actual license will be taken. In the meantime, the police are updating your records with the DMV to account for the arrest, officially suspending your license.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: As soon as you're released from jail, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Meanwhile, your Santa Clarita DUI defense lawyer will laying the groundwork of your defense through motions to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will contact the Santa Clarita district attorney to try and secure a favorable deal before a trial. But if you do have to fight the charges in a trial, your attorney should be building a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how you plea or are found, you may face some form of sentence. 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 administrative side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Santa Clarita DUI Allegations and Criminal Cases vs. DMV Hearings
Santa Clarita, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. 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 our process for defending your justice and vehicular rights:
Santa Clarita, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Santa Clarita, CA, court.
The general court process is the same as any other criminal case – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we craft a staunch defense and dissect the supposed wrongdoing. We'll debate the legality of the traffic stop, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Santa Clarita, CA. For many clients, we'll plea bargain for a reduction of 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 Clarita, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect automatically, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, this administrative hearing is focused on if you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Santa Clarita, CA, DUI lawyer to navigate. At the hearing, 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 an extra chance to arrange for that hearing. This is why it's crucial to contact a Santa Clarita DUI defense attorney without delay after being arrested.
Sentence You Could Face for a DUI in Santa Clarita, CA
Santa Clarita, 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 trying to avoid, 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 |
Beyond the Santa Clarita, CA legal sentence collateral consequences, such as more expenses on your insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. 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 be put on the same level as serious felonies when it comes to immigration consequenceses. For individuals working on the naturalization process, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
These accusations can be intimidating, but they are not the end. Your Santa Clarita, CA, immigration lawyer can give you practical advice on what comes next. 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 will protect you from the harshest outcomes, fight against removal proceedings, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, it's natural to want to move on and leave this in the past. The bad news is that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. Fortunately, if you're in Santa Clarita, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Santa Clarita? It's imperative to pick the right lawyer to take your case. Your team needs the expertise, background, and contacts to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Santa Clarita, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police, totalling more than five decades of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. You can get a hold of us 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in Santa Clarita 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: 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. And we'd be proud to represent you as well.
DUI Case Types We Take On in Santa Clarita
Administrative, criminal, or anything else related to DUIs in Santa Clarita, CA – our DUI defense attorneys are prepared to battle against the charges.
Below are some of the DUI case types 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 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 Santa Clarita, CA
If you want to craft an effective defense strategy, our Santa Clarita, CA, DUI lawyers are here to help. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Contest 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, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Chemical Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. 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 'horizontal gaze nystagmus,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. An experienced Santa Clarita, CA, DUI attorney will know how to dissect any records and show whether or not you were fairly judged.
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 .08 or higher. Even though this is harder to fight, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Don't Wait – Talk To Our Santa Clarita DUI Defense Lawyers NOW
After a DUI arrest, it feels like there's no space to breathe. The police officer takes your license, you could find yourself in an interrogation room, you're informed of a court date…it's easy to feel like there's no way forward. In order to find a way out of all that, you need to contact a lawyer immediately.
Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Santa Clarita, CA DUI charges. We're standing by to answer your call right now and will can fight for your license and keep you out of jail now. Talk to one of our team members now at (800) 755-5174 or get in touch online for a no-obligation case review.
We also provide the following legal services in Santa Clarita, CA:
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