DUI Lawyer Santa Cruz. DUI law in Santa Cruz is complex. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to stand up for yourself against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is just a call away in Santa Cruz, CA.
We are California's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you retain us, you're getting a team of experienced, high-quality lawyers who know how to operate the Santa Cruz, CA, court 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. Reach out anytime, day or night, at (800) 755-5174 or send us a note online to start crafting your case's defense today.
Santa Cruz, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Santa Cruz, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
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 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 the right to remain silent 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
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. The officer may not like it, but they can't compel you 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: Don't Argue With the Officer
Resisting the police won't help — it will likely be something you regret. You should be respectful for more than its own sake, though; it also helps your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Santa Cruz?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you aren't 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 using field sobriety tests, then make judgements based on how you do.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. Most DUI cases in Santa Cruz, CA, follow this progression:
- Suspension: Your license suspension can go into effect at the time of the arrest – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, they are ensuring that the arrest is added to your DMV record, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, 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 want to set up a DMV hearing within 10 days to protect your license.
- 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 Santa Cruz DUI defense lawyer will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will work directly with the Santa Cruz prosecutor to present you with plea deal offers that could protect your freedom. But if you do have to fight the charges in a trial, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face a punishment. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and driver's license side. If you need help today, give us a call so that we can help!
DUIs in Santa Cruz, CA and Criminal Cases vs. DMV Hearings
Santa Cruz, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the DMV case. Different CA organizations cover each of these aspects, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are the key things to be aware of for each, and our process for defending your liberty and right to drive:
Santa Cruz, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we protect your rights and fight against the accusations. We'll debate the legality of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can show you are not guilty.
If you're facing jail time in Santa Cruz, CA, our attorneys can help you avoid it. Frequently, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Santa Cruz, 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 doesn't wait for your criminal case, and to effectively 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, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on whether or not you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with us, we'll fight 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 back immediately. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's essential to contact a Santa Cruz DUI defense lawyer as soon as you can after being arrested.
DUI Punishments in Santa Cruz
Santa Cruz, CA, DUI criminal penalties are a lot to face – 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 looking to avoid, depending on the nature of the allegations:
| 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 Cruz, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and career setbacks.
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 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. If you are currently applying to become a U.S. citizen, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
If any of the above situations apply to you, don't panic: Call one of our Santa Cruz, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs with alternatives to criminal sentencing, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
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. However, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Santa Cruz, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
Top DUI Defense Attorneys in Santa Cruz: What You Need to Know
Up against DUI charges? It's critical to pick the right lawyer to take your case. Your team needs the proficiency, preparation, and relationships to find the best outcome for your case. When evaluating DUI lawyers in Santa Cruz, CA, you want to judge the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling more than five decades of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. Our team is prepared to help you 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We know how to connect with the prosecutors in Santa Cruz and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. 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 Take On in Santa Cruz
Whatever DUI charge you're up against in Santa Cruz, CA – all of our DUI defense attorneys are prepared to battle against the charges.
Here is 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 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 Cruz, CA
Our Santa Cruz, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Arrest
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 effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Blood, Breath, and/or Urine Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. We will look into any issues with how the equipment was stored or used, push for tests to be redone, and look for any issues in how the evidence was handled.
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 these tests are subjective. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
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. While properly conducted BAC tests are hard to disprove, it's not the end of your case. 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 – Speak With Our Santa Cruz DUI Defense Lawyers RIGHT AWAY
After a DUI arrest, it can feel like you don't even have time to think. Your license disappears, there could be interrogations, you get a court date…it's easy to feel overwhelmed. Your path forward begins when you hire a DUI defense attorney right away.
Don't wait for the prosecution to build a case against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Santa Cruz, CA DUI charges. We're equipped with the tools to build your case right now and will start safeguarding your license and your freedom now. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a free consultation.
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