DUI Lawyer Santa Monica. DUI law in Santa Monica is complex. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. CA law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is at your service.
We are CA's best DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of veteran defense attorneys who know how to protect you in the Santa Monica, CA, legal system and find the best result for your case.
Don't wait and let your chance slip away. Get in touch right away at (800) 755-5174 or contact us online to start constructing your defense today.
What Happens After a DUI Arrest in Santa Monica?
CA DUI Law allows an officer to arrest you without a BAC level over the limit, or if you aren't tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, probably utilizing field sobriety tests, then arrest you based on your performance.
Right after your arrest, the CA legal system automatically begins the process for 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 – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, the police are contacting the DMV about your DUI arrest, which updates their records to show your license as suspended.
- Arraignment: At some point when you're in jail, you will be brought before a judge, and a prosecutor will inform you of the charges against you.
- DMV Hearing: As soon as you're released from jail, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the meantime, your Santa Monica DUI defense attorney will file pretrial potions, likely including some to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will work directly with the Santa Monica prosecutor 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 crafting a strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we're prepared to defend your license and freedom if it does.
- 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, we may be able to help you clean your record.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and DMV side. Whatever stage in the process you're at, give us a call so that we can help!
Santa Monica DUI Allegations and Criminal Cases vs. DMV Hearings
Santa Monica, CA, DUI charges include two separate fights: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are some things you need to know about both, and how we fight to protect your liberty and license:
Santa Monica, 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.
The general court process is the same as any other criminal case – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we build your defense and attack the allegations. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can tell a different story.
The vast majority of our DUI clients in Santa Monica do not receive any jail sentence. Frequently, we'll negotiate a plea deal to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoargue for probation to maintain your freedom.
Santa Monica, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect automatically, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the focus of this hearing is whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's critical to contact a Santa Monica DUI defense lawyer as soon as you can after being arrested.
Santa Monica DUI Sentences and Consequences
CA DUI criminal penalties can be harsh – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review 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 the Santa Monica, CA legal sentence collateral consequences, such as more expenses on your insurance and potential punitive actions from professional licensing organizations.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A DUI defense attorney can help you out here, too, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's crucial to pick the right lawyer to represent you. Your team needs the skills, history, and ties to find the best outcome for your case. When looking for a DUI defense lawyer in Santa Monica, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police, totalling over 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our phones are ready for your call 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in Santa Monica and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- 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 Defend in Santa Monica
It doesn't matter what kind of DUI you're facing in Santa Monica, CA – our DUI defense lawyers 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 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
Start Your Defense Today – Contact Our Santa Monica DUI Defense Attorneys TODAY
After a DUI arrest, it can be a whirlwind of legal processes. The police officer takes your license, there could be interrogations, you're told you have a court date…it's easy to be stressed out. And that's why it's all the more important to hire a DUI defense lawyer right away.
Don't sit by and watch the evidence mount against you. 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 defend you.
We're experts at defending all Santa Monica, CA DUI charges. We're equipped with the tools to build your case right now and will begin protecting your license and your freedom as soon as you call. Call us now at (800) 755-5174 or get in touch online for a confidential consultation.
We also provide the following legal services in Santa Monica, CA:
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