DUI Lawyer Tulare. If convicted, a DUI can permanently change your life for the worse. You're not just facing the loss of your license; depending on your history, you could go to prison. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you find yourself in this situation, you don't want to be alone. 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 here to fight for your rights.
We are California's best DUI defense lawyers and have over 50 years of combined courtroom experience. When you retain us, you're getting a team of former prosecutors who know how to fight for you in the Tulare, CA, legal system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Reach out anytime, day or night, at (800) 755-5174 or tell us about your case online to start crafting your defense 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
Keep your license, insurance card, and vehicle registration together and easily accessible. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you already have them ready, 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 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 Automatically Consent to Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. If you haven't been arrested, you can decline to participate. 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
Refusing to cooperate with the police won't improve your case — it will likely be something you regret. You should be respectful for more than its own sake, though; it also aids your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Tulare?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally through field sobriety tests, then arrest you based on your performance.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension effective immediately after your arrest – you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, they are updating your records with the DMV to account for the arrest, which updates their records to show your license as suspended.
- Arraignment: Before you are released, you will be brought before a judge, and a prosecutor will list out the laws you're accused of breaking.
- 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 Tulare, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Tulare DUI defense expert will be filing motions, including motions to suppress evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will contact the Tulare prosecutor to try and secure a favorable deal before a trial. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy 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 how your case proceeds, 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 help you with any step of the legal process, on both the criminal defense and bureaucratic side. For advice on any stage with your charges, you can start with a call to our offices!
Tulare, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Tulare, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and our process for defending your justice and right to drive:
Tulare, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Your DUI case will typically go through the same process as any other criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we defend your freedom and push back against the charges. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can show the events in a more favorable light.
If you're facing jail time in Tulare, CA, our attorneys can help you avoid it. For many clients, 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 is independent of the criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, your license can still be suspended even if you do not receive a criminal conviction. 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 alcohol tests, whether or not you were properly informed of the consequences. When you work with us, we'll work to undermine 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 unsuspended. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's vital to contact a Tulare DUI defense attorney promptly after the arrest.
Sentence You Could Face for a DUI in Tulare, CA
Tulare, CA, DUI criminal penalties can permanently affect your life – even for the ones considered misdemeanors, you could still be sentenced 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 the nature of the allegations:
| Formal DUI 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 Tulare, CA legal sentence collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences are very 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 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. For individuals working on the naturalization process, even if you aren't deported, it can set your efforts back by several years.
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, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. However, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Tulare, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
When You're Picking a Tulare, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in Tulare? It is essential to pick the right lawyer to defend you. Your team needs the proficiency, preparation, and relationships to give you opportunities for a positive outcome for your case. Here are the main things to look for in your Tulare, CA, DUI defense lawyer:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and law enforcement, totalling over five decades of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our lines are never off, and you can contact us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our firm has experience working with the prosecutors in Tulare and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. 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 Take On in Tulare
Whatever DUI charge you're up against in Tulare, CA – our DUI defense lawyers are prepared for the charges.
Below are some of the DUI allegations we have experience defending:
- 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
If you want to craft an effective defense strategy, our Tulare, 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.
Challenge the Legitimacy of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will look into any potential procedural errors, 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 'walk-and-turn,' are often used by officers to evaluate whether someone is impaired or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. An experienced Tulare, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. While this is can be difficult to overcome, you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Get Rapid Assistance – Speak With Our Tulare DUI Defense Attorneys NOW
Tulare, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. You can't drive anymore, law enforcement might try to do additional tests, you get a court date…it's easy to feel stressed out. Your path forward begins when you get in touch with a DUI defense lawyer immediately.
Don't sit by and watch the evidence mount against you. Don't wait too long and lose your driving privileges. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Tulare, CA DUI charges. We're standing by to answer your call right now and will work on a strategy to defend your license and your rights now. Get a hold of us now at (800) 755-5174 or tell us about your case online for a no strings attached case review.
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