DUI Lawyer Stockton. Stockton DUI charges are very serious. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you've been accused of a DUI in Stockton, CA, you need help from a DUI defense expert. Trying to defeat the allegations is a fight that you need a team for, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's premier DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of DUI defense experts who know how to operate the Stockton, CA, judicial system and find the best result for your case.
If you wait too long to build a defense, it could become too late. Get a hold of us anytime, day or night, at (800) 755-5174 or send us a note online to start crafting your defense today.
Stockton, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Stockton, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Keep Your Documents Together
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Many sober people will have trouble gathering up these documents under pressure. But if you already have them ready, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent during the entirety of your interactions with the law. Even just saying "I only had two drinks" can work against you.
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. 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: Be Polite and Don't Argue
Refusing to cooperate with 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 could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Stockton?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, 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, generally via field sobriety tests, then make arrests based on the results.
Once this happens, 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 can begin as soon as you're arrested – at that time, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). 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: While under arrest, you will be brought before a judge, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Stockton DUI defense lawyer will file pretrial motions, likely including some to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will bargain with the Stockton district attorney to avoid a trial with a plea deal that protects you. But if you end up on trial in front of a judge, your attorney should be preparing now.
- Criminal Trial: It's rare that a DUI case will go to trial, but we're prepared to defend your license and freedom 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, you can explore record clearing options with our lawyers.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. No matter where you are in your case, the Law Offices of David S. Chesley are here for you!
Defending Against Stockton DUIs: Criminal Cases vs. DMV Hearings
Stockton, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and how we fight to protect your freedom and vehicular rights:
Stockton, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Stockton, CA, legal system.
The general court process is the same as any other criminal case – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we present reasonable doubt and attack the charges. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can show you are not guilty.
If you're facing jail time in Stockton, CA, our attorneys can help you avoid it. Frequently, 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.
Stockton, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is automatically applied, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the outcome of the DMV hearing hinges on whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, 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.
After ten days, though, you're out of options. Outside of rare cases, you don't get an extra chance to set up that hearing. This is why it's essential to contact a Stockton DUI defense attorney as soon as you can after the traffic stop.
DUI Punishments in Stockton
Stockton, CA, DUI criminal penalties are intimidating – while some are 'just' 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 trying to avoid, depending on what your charges are:
| 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 |
On top of whatever sentence you receive in Stockton court, you have to endure several collateral consequences, such as increased insurance premiums and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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. For immigrants seeking citizenship, even if you aren't deported, it can set your efforts back by several years.
If any of the above situations apply to you, don't panic: Call one of our Stockton, 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, fight to keep you in the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, it's natural to want to move on and leave this in the past. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. A Stockton, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
When You're Picking a Stockton, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in Stockton? It is critical to pick the right lawyer to defend you. Your team needs the expertise, history, and contacts to secure a positive outcome for your case. When evaluating DUI lawyers in Stockton, CA, you want to judge the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling more than five decades of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. You can speak with one of our team members 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our firm has experience working with the prosecutors in Stockton and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- 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 Fight in Stockton
Administrative, criminal, or anything else related to DUIs in Stockton, CA – our DUI defense lawyers are prepared help you navigate the charges.
Here are some of the DUI charges we regularly 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 Strategies in Stockton, CA
Our Stockton, 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.
Challenge the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, 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
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will look into any issues with how the equipment was stored or used, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But ultimately, these are judgment calls on the part of the officer. Our attorneys will review the footage and look for expert analysis that will show your performance in a more favorable light.
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 there are still ways to fight it. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Timing is Critical – Talk To Our Stockton DUI Defense Lawyers TODAY
After a DUI arrest, you'll hardly get a chance to catch your breath. You lose your license, there could be interrogations, you're told you have a court date…it's easy to feel stressed out. In order to find a way out of all that, you need to speak to a DUI defense lawyer as soon as possible.
Don't sit by and watch the evidence mount against you. Don't lose your license because you missed the DMV hearing window. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Stockton, CA DUI charges. We're standing by to answer your call now and will start protecting your driving privileges and your liberty today. Get a hold of us now at (800) 755-5174 or get in touch online for a free consultation.
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