DUI Lawyer Santa Maria. DUI law in Santa Maria is complex. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. California law also prohibits you from refusing to take a DUI test, and in some cases, refusing can give you even worse penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If the Santa Maria, CA, district attorney is coming after you, you need help from a DUI defense expert. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is at your service.
We are California's best DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of legal experts who know how to protect you in the Santa Maria, CA, court system and get you the best outcome possible.
Don't wait and let your chance slip away. Reach out as soon as possible at (800) 755-5174 or contact us online to start constructing your defense strategy today.
Santa Maria, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Santa Maria, CA, DUI Lawyer for you that will guide you through your next traffic stop:
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 police see you fumbling as you try to gather these documents, they could think that you've been drinking. By following this tip, 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: 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, 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 can end up making your case harder to defend. This is about more than just avoiding an arrest in the short term; it also benefits your defense: Any time you open your mouth, whether or not the police asked you a question, 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 Maria?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't blow at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably utilizing field sobriety tests, then arrest you based on the results.
Once you've been arrested, the CA legal system starts moving towards both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension effective immediately after your arrest – you will be given a 30-day, temporary license, while the officer will keep your regular license. In the meantime, the police are informing the DMV about the arrest, at which point, you're officially facing a license suspension.
- Arraignment: Sometime after arriving at the police station, you will be brought before a judge, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: While all of the criminal proceedings are going on, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Most people accused of DUIs in Santa Maria, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the meantime, your Santa Maria DUI defense lawyer will building the framework of your defense and filing motions 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 lawyer will negotiate with the Santa Maria prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to 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 proceeds, you may face sanctions. 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 fight any allegation, on both the criminal defense and driver's license side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
DUIs in Santa Maria, CA and Criminal Cases vs. DMV Hearings
Santa Maria, CA, DUI charges are always a two-pronged challenge: 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 some things you need to know about both, and what our attorneys will do for your justice and vehicular rights:
Santa Maria, 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.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 build your defense and push back against the criminal accusations. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and hunt for other evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in Santa Maria do not receive any jail sentence. Commonly, we'll get the prosecutor to reduce the charges, 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 Maria, 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 being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, the hearing is to determine if you were lawfully 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. These hearings have serious consequences that require an expert Santa Maria, CA, DUI lawyer to navigate. At the hearing, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of options. Outside of rare cases, you don't get another chance to request that hearing. This is why it's vital to contact a Santa Maria DUI defense attorney promptly after the traffic stop.
Santa Maria DUI Sentences and Consequences
Santa Maria, CA, DUI criminal penalties can be harsh – while some are 'just' misdemeanors, they can still result in up 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:
| 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 |
You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 conviction will qualify an immigrant for deportation. If you are trying to become an American citizen, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Santa Maria, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs that can protect you from a conviction, fight against removal proceedings, 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, odds are, you'll want to leave it in the past and move forward with your life. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Santa Maria, CA, DUI defense attorney can help you out here, too, and give you a chance to clean your record.
Important Qualities You Need in a Santa Maria, CA DUI Attorney
Up against DUI charges? It's vital to pick the right lawyer to represent you. Your team needs the skills, preparation, and relationships to find the best outcome for your case. When you speak with Santa Maria, 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 DUI lawyers have previous experience as judges, district attorneys, and law enforcement, 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 phones are ready for your call 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We know how to connect with the prosecutors in Santa Maria and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Defend in Santa Maria
It doesn't matter what kind of DUI you're facing in Santa Maria, CA – our DUI defense lawyers are prepared help you navigate the charges.
Below are some of the DUI cases we can provide defenses for:
- 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 Strategies in Santa Maria, CA
When you work with the Law Offices of David S. Chesley, your Santa Maria, CA, DUI attorney will draw from years of experience with effective defense strategies. 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 Legitimacy of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can challenge the evidence, and even the legitimacy of the case itself. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
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 any possible errors that were made when you took the test, push for tests to be redone, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and show whether or not you were fairly judged.
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.
Get Immediate Help – Talk To Our Santa Maria DUI Defense Lawyers AS SOON AS POSSIBLE
Santa Maria, CA, DUI accusations are serious. After an arrest, it can be a whirlwind of legal processes. Your license is suspended, law enforcement might try to do additional tests, you're given a court date…it's easy to be like there's no way forward. In order to find a way out of all that, you need to speak to an attorney now.
Don't give the state a chance to put you behind bars. Don't lose your license because you missed the DMV hearing window. 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 Maria, CA DUI charges. We're equipped with the tools to build your case today and will start safeguarding your license and searching for positive outcomes right away. Talk with one of us now at (800) 755-5174 or get in touch online for a no-obligation consultation.
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