DUI Lawyer South San Diego. DUI law in South San Diego is complex. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. If you declined to take an alcohol test, you can face separate charges, and the consequences you face might be even worse than a DUI conviction. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If the South San Diego, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to defeat the allegations is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of accomplished defense attorneys who know how to fight for you in the South San Diego, CA, court system and find the best result for your case.
If you want to build an effective defense, you need to act now. Get a hold of us right away at (800) 755-5174 or tell us how we can help online to start constructing your defense today.
South San Diego, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a South San Diego, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. 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 already have them ready, 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 during any form of questioning. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. If you haven't been arrested, you can decline to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Be Polite and Don't Argue
Resisting the police won't help — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in South San Diego?
California DUI Law allows an officer to arrest you without a BAC level over the limit, 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, probably via 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. After the arrest, be prepared for the following:
- Suspension: Your license suspension can start the minute the officer arrests you – when arrested, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). In the meantime, the police are providing a record of the arrest to the South San Diego, CA, DMV, at which point, you're officially facing a license suspension.
- Arraignment: Sometime after arriving at the police station, you will attend a hearing, 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: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. While you're waiting for the trial, your South San Diego DUI defense expert will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will work directly with the South San Diego prosecutor to present you with plea deal offers that could protect your freedom. But if it does go to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Your case probably will not go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face consequences. 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 DMV side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
South San Diego, CA, DUI Differences: Criminal Cases vs. DMV Hearings
South San Diego, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and our process for defending your freedom and driving privileges:
South San Diego, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we defend your freedom and discredit the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, argue against he officer's observations, look for weaknesses in the breathalyzer test, 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 South San Diego, CA. Commonly, 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 avoid jail time with a probation sentence.
South San Diego, 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 successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, this administrative hearing is focused on if you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. When you hire us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's crucial to contact a South San Diego DUI defense lawyer right away after the arrest.
DUI Punishments in South San Diego
South San Diego, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, we've listed 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 |
In addition to any criminal sentence in South San Diego, CA, you're also facing collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
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 you have faced DUI charges before, 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 can indefinitely pause your efforts to become a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your South San Diego, CA, immigration lawyer. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight to keep you in the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you're liking looking forward to putting this all behind you. The bad news is that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in South San Diego, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in South San Diego: What You Need to Know
Defending yourself against a DUI in South San Diego? It's imperative to pick the right lawyer to fight for you. Your team needs the expertise, practice, and contacts to offer the best possible outcome for your case. When looking for a DUI defense lawyer in South San Diego, CA, look for these signs:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling more than 50 years of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in South San Diego 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: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 South San Diego
It doesn't matter what kind of DUI you're facing in South San Diego, CA – our DUI defense lawyers are prepared to defend you against the charges.
Here are some of the DUI charges 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
DUI Defense Tactics in South San Diego, CA
If you want to craft an effective defense strategy, our South San Diego, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, we can argue for your case to be dismissed. This defense is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Chemical 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 highlight the ways that these tests can give false readings, retest when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But ultimately, these are judgment calls on the part of the officer. 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 over the legal limit. This may sound bad, but our lawyers have more defense strategies we can pull from. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Timing is Critical – Talk To Our South San Diego DUI Defense Lawyers AS SOON AS POSSIBLE
South San Diego, CA, DUI accusations are serious. After an arrest, it can be a whirlwind of legal processes. You lose your license, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to feel like there's no way forward. Your path forward begins when you get in touch with aSouth San Diego, CA, DUI lawyer 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 try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all South San Diego, CA DUI charges. We're available to help right now and will can fight for your license and your rights immediately. Reach out to us now at (800) 755-5174 or fill out our contact form online for a no-obligation consultation.
We also provide the following legal services in South San Diego, CA:
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