DUI Lawyer Upland. DUI law in Upland is complex. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. 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 fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If the Upland, CA, district attorney is coming after you, you don't want to be alone. Trying to defend yourself against the charges is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of DUI defense experts who know how to fight for you in the Upland, CA, judicial system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Call now at (800) 755-5174 or tell us about your charges online to start constructing your defense today.
Upland, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Upland, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. 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 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 Fifth Amendment protections at all points in the legal process. Even just saying "I only had two drinks" can work against you.
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, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Respect the Law Enforcement Officer
Acting belligerent and uncooperative won't improve your case — it will increase your chances of getting in trouble. 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 Upland?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you refuse to be tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, generally via field sobriety tests, then make arrests based on how you do.
Once you've been arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. Most DUI cases in Upland, CA, follow this progression:
- Suspension: Your license suspension can start the minute the officer arrests you – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, they are informing the DMV about the arrest, at which point, you're officially facing a license suspension.
- Arraignment: At some point when you're in jail, you will be summoned to a court hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- 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 Upland DUI defense expert will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will negotiate with the Upland district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if the case goes to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. 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 help you fight any allegation, on both the criminal defense and driver's license side. If you're facing a potential conviction, we have the experience to help you move towards a positive outcome!
Upland, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Upland, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. These will never be handled in the same hearing, but when you hire the right attorney, they can defend you in both cases.
Here are things to watch out for with both cases, and ways we defend your liberty and license:
Upland, 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 Upland, CA, legal system.
The general court process is the same as any other criminal case – 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 defend your freedom and attack the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in Upland do not receive any jail sentence. Commonly, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Upland, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the focus of this hearing is whether or not you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. When you work with a Upland, CA, DUI lawyer from our firm, we'll question 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 an extra chance to schedule that hearing. This is why it's important to contact a Upland DUI defense attorney right away after the traffic stop.
Sentence You Could Face for a DUI in Upland, CA
Upland, CA, DUI criminal penalties can permanently affect your life – even for the ones 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 up against, depending on how exactly your charged and your history:
| 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 Upland court, you have to endure several collateral consequences, such as elevated insurance costs and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 hurts your application process.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Upland, 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 and plea deals that can keep a DUI off your record, fight to keep you in the country, and act as your guide through the citizenship application process.
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. 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 Upland, CA, DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
When You're Picking a Upland, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's vital to pick the right lawyer to defend you. Your team needs the proficiency, history, and connections to provide the optimal outcome for your case. The top Upland, CA, DUI defense attorneys will have all of the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and law enforcement, totalling more than five decades of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. We know how to connect with the prosecutors in Upland and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Fight in Upland
Criminal and administrative, whatever type of DUI charges you're fighting in Upland, CA – your DUI defense lawyer from our team prepared for the charges.
Here is a list of the DUI cases 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 Upland, CA
If you want to craft an effective defense strategy, our Upland, CA, DUI lawyers are here to help. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Contest the Legitimacy of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, we can argue for your case to be dismissed. This defense could be used if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Chemical 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 highlight the ways that these tests can give false readings, push for tests to be redone, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. While this is can be difficult to overcome, it's not the end of your case. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Contact Our Upland DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, it can feel like you barely have a chance to think. You can't drive anymore, you might be interrogated, you're given a court date…it's easy to be out of control. With everything going on, your best way out is to get in touch with aUpland, CA, DUI lawyer immediately.
Don't wait for the prosecution to build a case against you. Don't lose your ability to drive without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Upland, CA DUI charges. We're prepared to start building your defense now and will start protecting your driving privileges and searching for positive outcomes now. Get a hold of us now at (800) 755-5174 or set up an appointment online for a no-obligation consultation.
We also provide the following legal services in Upland, CA:
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