DUI Lawyer Temecula. If convicted, a DUI can permanently change your life for the worse. Besides losing your license, there's a lot at stake; 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 in some cases, refusing can give you even worse penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you've been accused of a DUI in Temecula, CA, you need help from a DUI defense expert. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is just a call away in Temecula, CA.
We are California's top DUI defense lawyers and have over 50 years of combined courtroom experience. When you choose us, you're getting a team of legal experts who know how to operate the Temecula, CA, judicial system and provide paths to positive outcomes.
Don't wait and let your chance slip away. Get in touch today at (800) 755-5174 or tell us about your case online to start constructing your defense strategy today.
Temecula, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Temecula, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By keeping these documents on hand, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have the right to remain silent during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Treat the Officer Respectfully
Being rude won't improve your case — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also helps your defense: By acting out or arguing, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Temecula?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, likely through field sobriety tests, then decide whether or not to arrest you based on that.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can go into effect at the time of the arrest – 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, they are providing a record of the arrest to the Temecula, CA, DMV, beginning the formal suspension.
- Arraignment: After your arrest and before your release, 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: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the meantime, your Temecula DUI defense expert will file motions to strengthen your defense, such as ones to throw out illegal evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will work directly with the Temecula district attorney to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how your case turns out, 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 provide guidance for any charge, on both the criminal defense and driver's license side. If you need help today, we have the experience to help you move towards a positive outcome!
Temecula DUI: Fighting Criminal Cases vs. DMV Hearings
Temecula, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. In CA, these are always two separate processes, but both cases can be fought by the same DUI defense lawyer.
Here are important factors for both case types, and insights into how we protect your freedom and license:
Temecula, 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.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we craft a staunch defense and push back against the accusations. We'll examine the lawfulness of the traffic stop, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and hunt for other evidence that can show you are not guilty.
We know what it takes to keep DUI defense clients out of jail in Temecula, CA. Commonly, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
Temecula, 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 goes into effect automatically, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the entire DMV hearing is about whether or not you were lawfully 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. At the Law Offices of David S. Chesley, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's crucial to contact a Temecula DUI defense lawyer immediately after an arrest.
Sentence You Could Face for a DUI in Temecula, CA
Temecula, CA, DUI criminal penalties are intimidating – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be facing, depending on how exactly your charged and your history:
| 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 Temecula, CA legal sentence collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 can result in removal from the country. For immigrants seeking citizenship, even if you aren't deported, it hurts your application process.
If any of the above situations apply to you, don't panic: Call one of our Temecula, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs that can protect you from a conviction, fight to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. The bad news is that 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. Fortunately, if you're in Temecula, CA, our DUI lawyers will also fight to protect you in this way, and give you a path to clean your record.
How to Pick the Right DUI Defense Lawyer
Accused of a DUI in Temecula? It is crucial to pick the right lawyer to fight for you. Your team needs the proficiency, background, and contacts to find the best outcome for your case. When evaluating DUI lawyers in Temecula, CA, you want to judge the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and police, totalling over five decades of experience with the law.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: You need connections to get a good plea deal. We know how to connect with the prosecutors in Temecula and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. 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 Against in Temecula
Administrative, criminal, or anything else related to DUIs in Temecula, CA – your DUI defense lawyer from our team prepared to defend you against the charges.
Here is a list of the DUI cases we commonly 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 Temecula, CA
If you want to craft an effective defense strategy, our Temecula, CA, DUI lawyers are here to help. 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, we can challenge the evidence, and even the legitimacy of the case itself. This defense is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Chemical Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will investigate any possible errors that were made when you took the test, re-examine the evidence to look for alternate explanations, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will audit the test records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. While this is can be difficult to overcome, it's not the end of your case. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Call Our Temecula DUI Defense Attorneys TODAY
After a DUI arrest, it can feel like you barely have a chance to think. You lose your right to drive, there could be interrogations, you're informed of a court date…it's easy to feel stressed out. And that's why it's all the more important to contact an attorney 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 just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Temecula, CA DUI charges. We're standing by to answer your call immediately and will can fight for your license and searching for positive outcomes as soon as you call. Reach out to us now at (800) 755-5174 or set up an appointment online for a no-obligation case review.
We also provide the following legal services in Temecula, CA:
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