DUI Lawyer Walnut Creek. If convicted, a DUI can permanently change your life for the worse. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. You can face DUI charges even for just refusing to take the tests, and in some cases, refusing can give you even worse penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you're facing these types of charges in CA, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is just a call away in Walnut Creek, CA.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of former prosecutors who know how to operate the Walnut Creek, CA, legal system and will always be honest with you about the state of your case and the best path forward.
Take too long to start your defense, and you could miss your chance. Talk to a lawyer now at (800) 755-5174 or tell us how we can help online to start constructing your defense today.
Walnut Creek, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Walnut Creek, CA, DUI Lawyer for you that will guide you through your next traffic stop:
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. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections both before and after an arrest. Call your DUI lawyer and stay quiet until they arrive.
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 can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Respect the Law Enforcement Officer
Being rude won't improve your case — it can end up making your case harder to defend. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; 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 may come back up later in court.
What Happens After a DUI Arrest in Walnut Creek?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you aren't tested at all. The police can use other methods to determine whether or not you were safe to drive, generally using field sobriety tests, then arrest you based on how you do.
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:
- Suspension: Your license suspension effective immediately after your arrest – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, the police are updating your records with the DMV to account for the arrest, beginning the formal suspension.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: As soon as you're released from jail, 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 interim, your Walnut Creek DUI defense lawyer will be filing motions, including motions to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will work directly with the Walnut Creek prosecutor to try and secure a favorable deal before a trial. But if the prosecutor won't give you a favorable offer, your attorney should be crafting a 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 turns out, you may face penalties. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and license side. If you need help today, call now and we'll be happy to assist!
DUIs in Walnut Creek, CA and Criminal Cases vs. DMV Hearings
Walnut Creek, CA, DUI charges include two separate fights: The criminal case and the driver's case. These are handled separately by the state, 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 insights into how we protect your liberty and license:
Walnut Creek, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
The general court process is the same as any other criminal case – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we protect your rights and discredit the criminal accusations. We'll examine the lawfulness of the traffic stop, demonstrate any present errors in the police officer's judgement, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can show you are not guilty.
With our defense strategies, we are almost always successful at protecting our Walnut Creek, CA, clients from jail time. 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 avoid jail time with a probation sentence.
Walnut Creek, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to 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 hearing is to determine if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you hire us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's essential to contact a Walnut Creek DUI defense attorney without delay after being arrested.
Walnut Creek DUI Sentences and Consequences
Walnut Creek, CA, DUI criminal penalties are intimidating – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be fighting against, depending on what your charges are:
| 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 |
On top of whatever sentence you receive in Walnut Creek court, you have to endure several collateral consequences, such as rising insurance rates and career setbacks.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. On the bright side, most first-time DUIs at this time will not result in deportation. The bad news is that if you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Walnut Creek, CA, immigration lawyer can help you navigate the situation. 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 and plea deals that can keep a DUI off your record, fight against removal proceedings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. However, 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. A Walnut Creek, CA, DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Walnut Creek: What You Need to Know
Defending yourself against a DUI in Walnut Creek? It's vital to pick the right lawyer to defend you. Your team needs the expertise, preparation, and connections to provide the optimal outcome for your case. When you speak with Walnut Creek, CA, DUI attorneys about your case, ask them about the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. 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 Walnut Creek and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud of our reputation with former clients 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Defend in Walnut Creek
Administrative, criminal, or anything else related to DUIs in Walnut Creek, CA – our DUI defense lawyers are prepared help you navigate the charges.
Here are some of the DUI cases we can provide defenses for:
- 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 Tactics in Walnut Creek, CA
Every DUI case needs a defensive strategy, and our Walnut Creek, CA DUI defense lawyers are here to help you find the right one. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, you might be able to secure a dismissal of the charges. 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
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will look into any potential procedural errors, re-examine the evidence to look for alternate explanations, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. Our attorneys will review the footage and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. Even though this is harder to fight, you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Don't Wait – Contact Our Walnut Creek DUI Defense Lawyers NOW
After a DUI arrest, it can feel like you don't even have time to think. Your license disappears, you might be interrogated, you're told you have a court date…it's easy to feel stressed out. And that's why it's all the more important to contact an attorney now.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Walnut Creek, CA DUI charges. We're prepared to start building your defense right now and will can fight for your license and your rights right away. Call us now at (800) 755-5174 or fill out our contact form online for a free, confidential consultation.
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