DUI Lawyer Tracy, CA

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DUI Lawyer Tracy. If convicted, a DUI can permanently change your life for the worse. This isn't just an administrative issue; you're also facing jail time, fines, and other penalties. California law also prohibits you from refusing to take a DUI test, and the consequences you face might be even worse than a DUI conviction. And DUIs involving drugs are treated differently than those involving alcohol.

Regardless of whether you're innocent or not, you need someone in your corner. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to stand by your side.

We are California's premier DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you retain us, you're getting a team of veteran defense attorneys who know how to fight for you in the Tracy, CA, legal system and provide paths to positive outcomes.

If you wait too long to build a defense, it could become too late. Get a hold of us 24/7 at (800) 755-5174 or tell us about your charges online to start constructing your case's defense today.

Tracy, CA, DUI Lawyer Traffic Stop Tips:

We'd all love to drive without any risk of being pulled over, but it's still important to know how to handle a traffic stop. Below are four tips from a Tracy, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:

Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. By following this tip, you avoid that risk.

Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent both before and after an arrest. Trying to explain away the smell of alcohol will probably just get you in more trouble.

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. The officer may not like it, but they can't compel you to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.

Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't help — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also helps your defense: If you try to talk back or argue with the officer, 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 Tracy?

California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably using field sobriety tests, then decide whether or not to arrest you based on their evaluation of you.

Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:

1. Suspension: Your license suspension effective immediately after your arrest – on the spot, 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, they are contacting the DMV about your DUI arrest, officially suspending your license.
2. Arraignment: At some point when you're in jail, you will attend a hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
3. DMV Hearing: While all of the criminal proceedings are going on, you'll want to set up a DMV hearing within 10 days to protect your license.
4. Pretrial Motions: Most people accused of DUIs in Tracy, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your Tracy DUI defense attorney will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
5. Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will contact the Tracy prosecutor to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
6. Criminal Trial: Your case probably will not go to trial, but just in case it does, our team always crafts a trial-ready defense.
7. Sentencing/Sealing: Depending on the result of your case, you may face penalties. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.

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, our team has the knowledge to guide you forward!

Tracy, CA, DUI Differences: Criminal Cases vs. DMV Hearings

Tracy, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.

Here are some things you need to know about both, and insights into how we protect your justice and license:

Tracy, 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 Tracy, CA, legal system.

If you're familiar with the process of other criminal charges, DUI cases follow the same format – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.

At the Law Offices of David S. Chesley, we protect your rights and dissect the charges. We'll debate the legality of the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and look for witness testimony and other proof that can show you are not guilty.

We know what it takes to keep DUI defense clients out of jail in Tracy, CA. In many cases, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.

Tracy, 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 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, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.

After ten days, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's crucial to contact a Tracy DUI defense lawyer without delay after being arrested.

Punishments After a DUI Conviction in Tracy, CA

Tracy, CA, DUI criminal penalties can permanently affect your life – while some are 'just' misdemeanors, you could still end up with a year in jail, or six months for a first offense.

Here's an outline of the different penalties you could be fighting against, depending on the nature of the allegations:

On top of whatever sentence you receive in Tracy court, you have to endure several collateral consequences, such as increased insurance premiums and career setbacks.

DUIs and Immigration

DUI immigration consequences can be incredibly 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 certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI conviction will qualify an immigrant for deportation. For individuals working on the naturalization process, 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 Tracy, CA, immigration lawyers to get immediate help. 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 that can protect you from a conviction, represent you at deportation hearings, and guide you through your citizenship application.

After the Case: Expungement/Sealing

Whether you're found guilty or not guilty, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Fortunately, if you're in Tracy, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.

Important Qualities You Need in a Tracy, CA DUI Attorney

No matter what DUI allegations you've been charged with, it's vital to pick the right lawyer to defend you. Your team needs the talent, history, and contacts to find the best outcome for your case. When you speak with Tracy, CA, DUI attorneys about your case, ask them about the following:

1. Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police officers, totalling over five decades of experience.
2. Availability: So that you can get help right away when you need it. Our phones are ready for your call 24/7.
3. Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our firm has experience working with the prosecutors in Tracy and all throughout CA.
4. Reputation: Not just with clients and friends, but also amongst their peers. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
5. 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. We want you to be our next success story.

DUI Case Types We Defend in Tracy

Administrative, criminal, or anything else related to DUIs in Tracy, CA – our DUI defense lawyers are prepared to defend you against the charges.

Here is a list of the DUI allegations we typically defend:

DUI Defense Tactics in Tracy, CA

If you want to craft an effective defense strategy, our Tracy, CA, DUI lawyers are here to help. 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.

Challenge the Legitimacy of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can argue for your case to be dismissed. This defense is effective if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.

Flaws in BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and advocate for you during the discovery process to identify flaws in the state's evidence.

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 you can still challenge them – they are not ironclad proof of guilt. Our attorneys will review the footage 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. This may sound bad, but we won't give up yet. We can examine your diet and medical conditions to find alternative explanations.

Get Immediate Help – Talk To Our Tracy DUI Defense Attorneys AS SOON AS POSSIBLE

When you're up against Tracy DUI charges, it can be a whirlwind of legal processes. Your license is suspended, law enforcement might try to do additional tests, you get a court date…it's easy to feel out of control. Your path forward begins when you get in touch with aTracy, CA, DUI attorney as soon as possible.

Don't give the state a chance to put you behind bars. Don't let your license go without a fight. 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 Tracy, CA DUI charges. We're available to help now and will start protecting your driving privileges and your liberty right away. Speak with a lawyer now at (800) 755-5174 or let us know what you need online for a no-obligation case review.

We also provide the following legal services in Tracy, CA:

• Criminal Defense Lawyer