DUI Lawyer Tulare. If convicted, a DUI can permanently change your life for the worse. 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. Declining a breathalyzer or blood test on its own can result in charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
Regardless of whether you're innocent or not, you need someone in your corner. Trying to navigate the laws and the courts is a fight that you need a team for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's leading DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the Tulare, CA, legal system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Speak with one of our attorneys anytime, day or night, at (800) 755-5174 or tell us about your charges online to start building your defense strategy today.
Tulare, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing how to handle the situation is important for all Tulare, CA, residents. Below are four tips from a Tulare, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
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 both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Treat the Officer Respectfully
Refusing to cooperate with the police won't improve your case — it will come back to bite you. This isn't just something you're doing out of courtesy, though; it also aids your defense: When you resist or act disrespectfully, 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 Tulare?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often utilizing field sobriety tests, then arrest you based on your performance.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're processing this, the police are informing the DMV about the arrest, officially suspending your license.
- Arraignment: After your arrest and before your release, you will go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Separate from the criminal charges, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the meantime, your Tulare DUI defense lawyer will file motions to strengthen your defense, such as ones to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will contact the Tulare prosecutor to try and secure a favorable deal before a trial. But if you end up on trial in front of a judge, your attorney should be crafting a strategy now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case proceeds, you may face consequences. 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 out, no matter where you are in the process, on both the criminal defense and DMV side. Whatever stage in the process you're at, we have the experience to help you move towards a positive outcome!
Tulare DUI Allegations and Criminal Cases vs. DMV Hearings
Tulare, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the fight for your license. These are handled separately by the state, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are things to watch out for with both cases, and insights into how we protect your justice and right to drive:
Tulare, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Tulare, CA, court.
Your DUI case will typically go through the same process as any other criminal charge – 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 listen to your side of the story and discredit the supposed wrongdoing. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show the events in a more favorable light.
We know what it takes to keep DUI defense clients out of jail in Tulare, CA. Often, 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 search for a deal that protects your freedom and avoids any jail sentence.
Tulare, CA, DUI License Suspension
On the other side of a Tulare DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and if you want to 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, your license can still be suspended even if you do not receive a criminal conviction. Instead, the focus of this hearing is whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, you're out of luck. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's important to contact a Tulare DUI defense lawyer promptly after being arrested.
Potential Penalties for a DUI in Tulare
Tulare, CA, DUI criminal penalties can be harsh – while many are considered 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 how exactly your charged and your history:
| 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 |
Beyond the Tulare, CA legal sentence collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.
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 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 will become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Tulare, CA, immigration lawyer. 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 will protect you from the harshest outcomes, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, odds are, you'll want to leave it in the past and move forward with your life. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Tulare, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Tulare: What You Need to Know
Accused of a DUI in Tulare? It is essential to pick the right lawyer to fight for you. Your team needs the proficiency, preparation, and connections to offer the best possible outcome for your case. When evaluating DUI lawyers in Tulare, CA, you want to judge the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and law enforcement, totalling over 50 years of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our phones are ready for your call 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Tulare 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. We want you to be our next success story.
DUI Case Types We Take On in Tulare
Whatever DUI charge you're up against in Tulare, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Here is a list of the DUI case types 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 Tulare, CA
Every DUI case needs a defensive strategy, and our Tulare, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Arrest
If law enforcement made a mistake while conducting their investigation, you might be able to secure a dismissal of the charges. This defense is effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any potential procedural errors, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While this is can be difficult to overcome, our lawyers have more defense strategies we can pull from. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Get Rapid Assistance – Call Our Tulare DUI Defense Attorneys NOW
Tulare, CA, DUI accusations are serious. After an arrest, it can feel like you don't even have time to think. You lose your license, you could find yourself in an interrogation room, you're assigned a court date…it's easy to feel out of control. Your path forward begins when you speak to an 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 represent you.
We're experts at defending all Tulare, CA DUI charges. We're prepared to start building your defense today and will start protecting your driving privileges and your rights now. Talk to one of our team members now at (800) 755-5174 or tell us about your charges online for a free, confidential case review.
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