DUI Lawyer Thousand Oaks. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; if you're facing years in prison for a repeat offense, your car is the least of your worries. California law also prohibits you from refusing to take a DUI test, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you've been accused of a DUI in Thousand Oaks, CA, you don't want to be alone. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of veteran defense attorneys who know how to defend your rights in the Thousand Oaks, CA, justice system and provide paths to positive outcomes.
If you want to build an effective defense, you need to act now. Get in touch 24/7 at (800) 755-5174 or tell us about your case online to start building your defense today.
Thousand Oaks, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing how to handle the situation is important for all Thousand Oaks, CA, residents. Here are four tips from a Thousand Oaks, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. Many sober people will have trouble gathering up these documents under pressure. When you're already prepared to give them to the officer, you avoid that risk.
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 the right to remain silent during the entirety of your interactions with the law. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Refuse Voluntary Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. 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: Treat the Officer Respectfully
Acting belligerent and uncooperative won't improve your case — it can end up making your case harder to defend. You should be respectful for more than its own sake, though; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Thousand Oaks?
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. The police can use other methods to determine whether or not you were safe to drive, generally using field sobriety tests, then arrest you based on how you do.
Once you've been arrested, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Thousand Oaks, CA, follow this progression:
- Suspension: Your license suspension effective immediately after your arrest – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, the police are contacting the DMV about your DUI arrest, which updates their records to show your license as suspended.
- Arraignment: Sometime after arriving at the police station, you will attend a hearing, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: Most people accused of DUIs in Thousand Oaks, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your Thousand Oaks DUI defense lawyer will building the framework of your defense and filing motions to throw out illegal evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will contact the Thousand Oaks prosecutor to find a plea deal that minimizes penalties for you. But if that doesn't work, your attorney should be refining a defense strategy 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 the outcome of your case, you may face penalties. 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 help you with any step of the legal process, on both the criminal defense and administrative side. No matter where you are in your case, the Law Offices of David S. Chesley are here for you!
Thousand Oaks DUI Allegations and Criminal Cases vs. DMV Hearings
Thousand Oaks, CA, DUI charges are always a two-pronged challenge: The criminal case and the license suspension. In CA, these are always two separate processes, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are the key things to be aware of for each, and how we fight to protect your freedom and license:
Thousand Oaks, 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.
Your DUI case will typically go through the same process as any other criminal charge – 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 push back against the allegations. 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 result in a not guilty plea.
The vast majority of our DUI clients in Thousand Oaks do not receive any jail sentence. For many clients, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Thousand Oaks, 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 to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the hearing is to determine if you were lawfully 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. At the Law Offices of David S. Chesley, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you're out of options. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's important to contact a Thousand Oaks DUI defense attorney promptly after the arrest.
Punishments After a DUI Conviction in Thousand Oaks, CA
Thousand Oaks, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, you can read through 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 |
On top of whatever sentence you receive in Thousand Oaks court, you have to endure several 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. On the bright side, most first-time DUIs at this time will not result in deportation. The bad news is that if something made this allegation more serious, like an injured bystander, 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 set your efforts back by several years.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Thousand Oaks, CA, immigration lawyer can help you navigate the situation. 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 guide you through your citizenship application.
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. However, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Thousand Oaks, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI allegations you've been charged with, it's imperative to pick the right lawyer to take your case. Your team needs the talent, history, and ties to give you opportunities for a positive outcome for your case. When you speak with Thousand Oaks, CA, DUI attorneys about your case, ask them about the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling over 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our firm has experience working with the prosecutors in Thousand Oaks and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We're proud to have received numerous accolades 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. We're ready to add you to our list of success stories.
DUI Case Types We Fight in Thousand Oaks
Whatever type of DUI charge you need help with in Thousand Oaks, CA – the Law Offices of David S. Chesley is prepared for the charges.
Below, you can review a list of the DUI cases we can provide defenses for:
- 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 Thousand Oaks, CA
Our Thousand Oaks, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Contest the Legality of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, you might be able to secure a dismissal of the charges. 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.
Flaws in BAC Tests
Many DUI cases center around a blood-alcohol content test. We will investigate whether or not the procedure was followed when administering the tests, retest in some cases, using a "blood-split" motion, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. An experienced Thousand Oaks, CA, DUI attorney will know how to dissect any records and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. This may sound bad, but we won't give up yet. 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.
Get Immediate Help – Call Our Thousand Oaks DUI Defense Lawyers TODAY
Thousand Oaks, 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 be overwhelmed. To fight through the allegations, your first step is to call aThousand Oaks, CA, DUI lawyer as soon as possible.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Thousand Oaks, CA DUI charges. We're prepared to start building your defense now and will start safeguarding your license and your liberty as soon as you call. Reach out to us now at (800) 755-5174 or let us know what you need online for a free consultation.
We also provide the following legal services in Thousand Oaks, CA:
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