DUI Lawyer Simi Valley. If you're up against a DUI in Simi Valley, it can feel overwhelming. Besides losing your license, there's a lot at stake; if you're facing years in prison for a repeat offense, your car is the least of your worries. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If the Simi Valley, CA, district attorney is coming after you, you need someone in your corner. Trying to fight against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of experienced, high-quality lawyers who know how to navigate the Simi Valley, CA, court system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Get in touch now at (800) 755-5174 or contact us online to start putting together your defense strategy today.
Simi Valley, 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. Here are four tips from a Simi Valley, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. 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: Be Silent When 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 during the entirety of your interactions with the law. Even just saying "I only had two drinks" can work against you.
Tip #3: Refuse Voluntary Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or 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, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Treat the Officer Respectfully
Resisting the police won't improve your case — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Simi Valley?
California DUI Law allows an officer to arrest you even if you BAC is below .08, 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 with field sobriety tests, then arrest you based on how you do.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension effective immediately after your arrest – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, the police are ensuring that the arrest is added to your DMV record, officially suspending your license.
- Arraignment: At some point when you're in jail, you will go to court, 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 10 days after the arrest to contact the DMV for a hearing.
- 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 Simi Valley DUI defense lawyer will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will speak with the Simi Valley district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if it does go to trial, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how you plea or are found, you may face a punishment. 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 out, no matter where you are in the process, on both the criminal defense and bureaucratic side. If you're facing a potential conviction, we have the experience to help you move towards a positive outcome!
Simi Valley DUI Allegations and Criminal Cases vs. DMV Hearings
Simi Valley, CA, DUI charges are always a two-pronged challenge: The criminal case and the fight for your license. Different CA organizations cover each of these aspects, but a skilled DUI defense attorney will help you with both.
Here are the key things to be aware of for each, and what our attorneys will do for your freedom and ability to drive:
Simi Valley, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Simi Valley, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we protect your rights and discredit the criminal accusations. 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 look for evidence that can tell a different story.
With our defense strategies, we are almost always successful at protecting our Simi Valley, CA, clients from jail time. In many 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 avoid jail time with a probation sentence.
Simi Valley, 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 regardless of where you're at in the criminal process, and in order to 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, your license can still be suspended even if you do not receive a criminal conviction. 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 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 Simi Valley, CA, DUI lawyer to navigate. At the hearing, 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, you're out of luck. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's crucial to contact a Simi Valley DUI defense lawyer without delay after an arrest.
Simi Valley DUI Sentences and Consequences
Simi Valley, CA, DUI criminal penalties can leave a mark on your record for life – even though some are 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 fighting 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 Simi Valley, CA legal sentence collateral consequences, such as loss or increased expense of insurance and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically result in deportation. 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 will become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
These accusations can be intimidating, but they are not the end. Your Simi Valley, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs to protect your record, 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. You'll find, though, that 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. A Simi Valley, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a path to clean your record.
Top DUI Defense Attorneys in Simi Valley: What You Need to Know
Up against DUI charges? It's crucial to pick the right lawyer to defend you. Your team needs the skills, history, and relationships to offer the best possible outcome for your case. The top Simi Valley, CA, DUI defense attorneys will have all of the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police, totalling more than five decades of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our lines are never off, and you can contact us 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Simi Valley and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Take On in Simi Valley
Criminal and administrative, whatever type of DUI charges you're fighting in Simi Valley, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.
Below, you can review a list of the DUI case types we have experience defending:
- 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 Tactics in Simi Valley, CA
Our Simi Valley, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legality of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, we can argue for your case to be dismissed. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will highlight the ways that these tests can give false readings, 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 standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. We will examine the evidence and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. Even though this is harder to fight, we won't give up yet. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Get Rapid Assistance – Speak With Our Simi Valley DUI Defense Attorneys NOW
When you're up against Simi Valley DUI charges, it can feel like you don't even have time to think. You lose your right to drive, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to be out of control. Your path forward begins when you speak to an attorney right away.
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 just hope it will all just go away. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Simi Valley, 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 right away. Reach out to us now at (800) 755-5174 or tell us about your charges online for a free, confidential consultation.
We also provide the following legal services in Simi Valley, CA:
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