DUI Lawyer Westlake Village. If you're up against a DUI in Westlake Village, it can feel overwhelming. This isn't just an administrative issue; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and that can even result in tougher penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
When you're up against the CA legal system, you should consult with an expert to find your best path forward. Trying to navigate the laws and the courts is a problem you shouldn't have to solve without help, 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 decades of experience fighting against these charges. When you hire us, you're getting a team of experienced, high-quality lawyers who know how to fight for you in the Westlake Village, CA, justice system and will always be honest with you about the state of your case and the best path forward.
If you wait too long to build a defense, it could become too late. Call without delay at (800) 755-5174 or tell us about your case online to start putting together your defense strategy today.
Westlake Village, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but it's still important to know how to handle a traffic stop. Below are four tips from a Westlake Village, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Many sober people will have trouble gathering up these documents under pressure. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.
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, 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
Arguing with the officer 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 helps your defense: If you try to talk back or argue with the officer, 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 Westlake Village?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, often using field sobriety tests, then make judgements based on that.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension starts right away, when you're arrested – when arrested, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, they are updating your records with the DMV to account for the arrest, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Independant of the criminal charge process, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Meanwhile, your Westlake Village DUI defense attorney will laying the groundwork of your defense through motions to suppress evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will speak with the Westlake Village prosecutor to present you with plea deal offers that could protect your freedom. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Your case probably will not go to trial, but we don't count on that possibility and will be ready if it does.
- 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 out, no matter where you are in the process, on both the criminal defense and driver's license side. If you're facing a potential conviction, you can start with a call to our offices!
DUIs in Westlake Village, CA and Criminal Cases vs. DMV Hearings
Westlake Village, 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 a leading DUI defense attorney from our offices will fight for you in both cases.
Here are important factors for both case types, and insights into how we protect your liberty and driving privileges:
Westlake Village, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Criminal cases, including DUIs, all follow the same basic process – 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 protect your rights and dissect the accusations. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and look for evidence that can tell a different story.
We have an extremely strong track record of clients who have avoided jail time in Westlake Village, CA. In many cases, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Westlake Village, CA, DUI License Suspension
While your Westlake Village 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 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, you can lose your license regardless of the outcome of the criminal case. Instead, this administrative hearing is focused on if you were rightfully 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 challenge the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's important to contact a Westlake Village DUI defense attorney right away after the traffic stop.
Punishments After a DUI Conviction in Westlake Village, CA
Westlake Village, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be up against, depending on the circumstances of the alleged offense:
| 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 |
Beyond the Westlake Village, CA legal sentence collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be devastating. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically 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 be put on the same level as serious felonies when it comes to immigration consequenceses. For immigrants seeking citizenship, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Westlake Village, CA, immigration lawyer can help you navigate the situation. 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 against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, 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 doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. Our Westlake Village, CA, DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
Important Qualities You Need in a Westlake Village, CA DUI Attorney
Defending yourself against a DUI in Westlake Village? It's key to pick the right lawyer to take your case. Your team needs the abilities, experience, and contacts to find the best outcome for your case. The top Westlake Village, CA, DUI defense attorneys will have all of the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and police officers, totalling more than 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. We're available 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our team will leverage our connections with the prosecutors in Westlake Village and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. 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 Fight in Westlake Village
Administrative, criminal, or anything else related to DUIs in Westlake Village, CA – all of our DUI defense attorneys are prepared help you navigate the charges.
Below, you can review a list 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 Westlake Village, CA
If you want to craft an effective defense strategy, our Westlake Village, 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.
Contest the Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can challenge the evidence, and even the legitimacy of the case itself. This defense is a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical Tests
Many DUI cases center around a blood-alcohol content test. Our team will investigate any possible errors that were made when you took the test, retest in some cases, using a "blood-split" motion, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' 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 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 .08 or higher. Even though this is harder to fight, 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.
Start Your Defense Today – Talk To Our Westlake Village DUI Defense Attorneys TODAY
If you've been arrested or accused of a DUI in Westlake Village, CA, it can feel like you don't even have time to think. The police officer takes your license, law enforcement might try to do additional tests, you get a court date…it's easy to feel overwhelmed. And that's why it's all the more important to hire aWestlake Village, CA, DUI lawyer now.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Westlake Village, CA DUI charges. We're ready to take on your case fast and will work on a strategy to defend your license and your freedom right away. Speak with a lawyer now at (800) 755-5174 or let us know what you need online for a free, confidential consultation.
We also provide the following legal services in Westlake Village, CA:
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