DUI Lawyer Sunnyvale. If convicted, a DUI can permanently change your life for the worse. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If the Sunnyvale, CA, district attorney is coming after you, you should consult with an expert to find your best path forward. 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 ready to stand by your side.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of veteran defense attorneys who know how to defend your rights in the Sunnyvale, CA, court system and provide paths to positive outcomes.
Don't wait and let your chance slip away. Talk to a lawyer 24/7 at (800) 755-5174 or tell us about your case online to start preparing your defense strategy today.
Sunnyvale, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Sunnyvale, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you don't need to search for them, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections during any form of questioning. Don't talk without an attorney present.
Tip #3: Don't Automatically Consent to Tests
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
Being rude won't improve your case — it will likely be something you regret. This isn't just something you're doing out of courtesy, though; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Sunnyvale?
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. The police can use other methods to determine whether or not you were safe to drive, often through field sobriety tests, then make judgements based on the results.
Once this happens, 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 can start the minute the officer arrests you – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, the police are contacting the DMV about your DUI arrest, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, 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. Between your potential release and the trial, your Sunnyvale DUI defense attorney will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will bargain with the Sunnyvale district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face sanctions. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!
DUIs in Sunnyvale, CA and Criminal Cases vs. DMV Hearings
Sunnyvale, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. These are handled separately by the state, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are important factors for both case types, and our process for defending your freedom and vehicular rights:
Sunnyvale, 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.
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 provide expert defense and attack the accusations. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can show the events in a more favorable light.
With our defense strategies, we are almost always successful at protecting our Sunnyvale, CA, clients from jail time. 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 argue for probation to maintain your freedom.
Sunnyvale, 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 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.
At the administrative hearing, you're not facing criminal charges. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, this administrative hearing is focused on if you were rightfully 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 work with us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's vital to contact a Sunnyvale DUI defense lawyer as soon as you can after the arrest.
DUI Punishments in Sunnyvale
Sunnyvale, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be looking to avoid, depending on the circumstances of the alleged offense:
| DUI Criminal Charge | 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 Sunnyvale, CA legal sentence collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences are very serious. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 can result in removal from the country. For individuals working on the naturalization process, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Sunnyvale, CA, immigration lawyer immediately. 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 with alternatives to criminal sentencing, fight against removal proceedings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. The bad news is 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 Sunnyvale, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
When You're Picking a Sunnyvale, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in Sunnyvale? It is vital to pick the right lawyer to represent you. Your team needs the skills, background, and connections to find the best outcome for your case. Here are the main things to look for in your Sunnyvale, CA, DUI defense lawyer:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police officers, totalling more than five decades of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can get a hold of us 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in Sunnyvale and all throughout CA.
- Reputation: Both in the community and in the legal sphere. 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. If you're ready to join our list of successes, call now.
DUI Case Types We Take On in Sunnyvale
It doesn't matter what kind of DUI you're facing in Sunnyvale, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
This is a list of the DUI allegations we often 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 Sunnyvale, CA
Whatever type of charge you're facing, our Sunnyvale, CA, DUI attorneys can help you fight it. 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
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, your case could be thrown out on legal grounds. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. We will highlight the ways that these tests can give false readings, push for tests to be redone, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and provide additional context for your performance, such as the stress of the situation.
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. While this is can be difficult to overcome, there are still ways to fight it. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Don't Wait – Talk To Our Sunnyvale DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Sunnyvale, CA, things move pretty fast. You lose your license, there could be interrogations, you get a court date…it's easy to be lost. And that's why it's all the more important to get in touch with a DUI defense attorney as soon as possible.
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 protect you.
We're experts at defending all Sunnyvale, CA DUI charges. We're available to help today and will start safeguarding your license and your liberty immediately. Reach out to us now at (800) 755-5174 or fill out our contact form online for a no-obligation case review.
We also provide the following legal services in Sunnyvale, CA:
Payment Plans
