DUI Lawyer Tulare. Tulare DUI charges are very serious. This isn't just an administrative issue; criminal charges can result in prison, fines, and additional harsh penalties. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
When you're up against the CA legal system, you shouldn't need to do this without help. 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 defend you.
We are California's premier DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you hire us, you're getting a team of veteran defense attorneys who know how to defend your rights in the Tulare, CA, court system and find the best result for your case.
Don't wait and let your chance slip away. Get a hold of us anytime, day or night, at (800) 755-5174 or tell us how we can help online to start putting together your defense today.
Tulare, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Tulare, CA, DUI Lawyer for you which can protect you from arrests and charges:
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. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. By following this tip, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections 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
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. 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: Be Polite and Don't Argue
Being rude won't improve your case — it will come back to bite you. This doesn't just help you get through the traffic stop; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Tulare?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you refuse to be tested at all. The police can use other methods to determine whether or not you were safe to drive, generally through field sobriety tests, then make arrests based on the results.
If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- 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, and you will lose your regular license (at least for now). Meanwhile, the police are ensuring that the arrest is added to your DMV record, beginning the formal suspension.
- Arraignment: Before you are released, 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: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Tulare DUI defense lawyer will be filing motions, including motions to review the arrest footage, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will work directly with the Tulare prosecutor to present you with plea deal offers that could protect your freedom. But if you end up on trial in front of a judge, your attorney should be preparing now.
- Criminal Trial: Your case probably will not go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on the result of your case, 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 license side. If you're facing a potential conviction, the Law Offices of David S. Chesley are here for you!
Tulare DUI: Fighting Criminal Cases vs. DMV Hearings
Tulare, CA, DUI charges are special because of their dual-nature: The criminal case and the administrative case. 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 some things you need to know about both, and our process for defending your liberty and license:
Tulare, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
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 accusations. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for faults in laboratory examinations, and look for evidence that can show the events in a more favorable light.
With our defense strategies, we are almost always successful at protecting our Tulare, CA, clients from jail time. Often, we'll get the prosecutor to reduce 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.
Tulare, CA, DUI License Suspension
While your Tulare criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, and to successfully 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 receive a "not guilty" verdict, you can still lose 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. When you work with us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, there probably isn't a way to get your license unsuspended. 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 Tulare DUI defense attorney as soon as you can after an arrest.
Potential Penalties for a DUI in Tulare
Tulare, 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.
On this table, you can review the different penalties you could be fighting against, 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 |
In addition to any criminal sentence in Tulare, CA, you're also facing collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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 hurts your application process.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Tulare, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs with alternatives to criminal sentencing, defend you against efforts to expel you from the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. Our Tulare, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
Top DUI Defense Attorneys in Tulare: What You Need to Know
Accused of a DUI in Tulare? It is important to pick the right lawyer to take your case. Your team needs the skills, background, and relationships to find the best outcome for your case. When you speak with Tulare, CA, DUI attorneys about your case, ask them about the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, several of our members are former judges, district attorneys, and police officers, totalling over five decades of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We know how to connect with the prosecutors in Tulare 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: 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. And we'd be proud to represent you as well.
DUI Case Types We Defend in Tulare
Whatever DUI charge you're up against in Tulare, CA – all of our DUI defense attorneys are prepared for the charges.
Below, you can review a list of the DUI allegations 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 Accident Defense
- 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 in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in Tulare, CA
Whatever type of charge you're facing, our Tulare, CA, DUI attorneys can help you fight it. 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 Legitimacy of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, we can challenge the evidence, and even the legitimacy of the case itself. This defense is effective 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
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 highlight the ways that these tests can give false readings, introduce alternative evidence when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But ultimately, these are judgment calls on the part of the officer. An experienced Tulare, CA, DUI attorney will know how to dissect any records and look for expert analysis that will show your performance in a more favorable light.
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. Even though this is harder to fight, we won't give up yet. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Speak With Our Tulare DUI Defense Attorneys AS SOON AS POSSIBLE
After a DUI arrest, it can be a whirlwind of legal processes. You lose your license, law enforcement might try to do additional tests, you get a court date…it's easy to feel out of control. In order to find a way out of all that, you need to hire a lawyer now.
Don't wait for the prosecution to build a case against you. Don't lose your ability to drive without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Tulare, CA DUI charges. We're equipped with the tools to build your case right now and will start protecting your driving privileges and your rights today. Call us now at (800) 755-5174 or let us know what you need online for a no strings attached case review.
We also provide the following legal services in Tulare, CA:
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