DUI Lawyer Westminster. DUI law in Westminster is complex. You're not just facing the loss of your license; if you're facing years in prison for a repeat offense, your car is the least of your worries. 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.
Regardless of whether you're innocent or not, you need someone in your corner. Trying to defeat the allegations is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is available to protect you in Westminster.
We are California's top 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 DUI defense experts who know how to fight for you in the Westminster, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
If you want to build an effective defense, you need to act now. Get a hold of us today at (800) 755-5174 or tell us about your case online to start preparing your defense today.
Westminster, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Westminster, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. But if you don't need to search for them, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Refuse Voluntary Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are 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, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it will make things worse. You should be respectful for more than its own sake, though; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Westminster?
California DUI Law allows an officer to arrest you even if you BAC is below .08, 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, probably with field sobriety tests, then make arrests based on your performance.
Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. Most DUI cases in Westminster, CA, follow this progression:
- Suspension: Your license suspension effective immediately after your arrest – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, the police are ensuring that the arrest is added to your DMV record, officially suspending your license.
- Arraignment: After your arrest and before your release, you will be summoned to a court hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: As soon as you're released from jail, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. While you're waiting for the trial, your Westminster DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will contact the Westminster prosecutor to try and secure a favorable deal before a trial. But if you end up on trial in front of a judge, your attorney should be building a defense now.
- Criminal Trial: Most DUI cases won't go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how you plea or are found, you may face a punishment. 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 with any step of the legal process, on both the criminal defense and license side. Whatever stage in the process you're at, give us a call so that we can help!
Westminster DUI: Fighting Criminal Cases vs. DMV Hearings
Westminster, CA, DUI charges are always a two-pronged challenge: The criminal case and the fight for your license. Different CA organizations cover each of these aspects, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are things to watch out for with both cases, and ways we defend your freedom and driving privileges:
Westminster, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 build your defense and discredit the allegations. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and search for other witnesses or evidence that can show you are not guilty.
We know what it takes to keep DUI defense clients out of jail in Westminster, CA. Frequently, we'll negotiate a plea deal to reduce 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.
Westminster, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension is automatically applied, 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, the hearing is to determine if you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, whether or not you were properly informed of the consequences. When you hire us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you're out of luck. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's important to contact a Westminster DUI defense attorney right away after being arrested.
Potential Penalties for a DUI in Westminster
Westminster, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, you could still end up with 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 the allegations you're facing:
| 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 Westminster court, you have to endure several collateral consequences, such as elevated insurance costs and career setbacks.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 can result in removal from the country. If you are trying to become an American citizen, even if you aren't deported, it hurts your application process.
These accusations can be intimidating, but they are not the end. Your Westminster, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that will protect you from the harshest outcomes, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whatever happens in the court case, it's natural to want to move on and leave this in the past. However, your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Westminster, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.
When You're Picking a Westminster, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in Westminster? It is important to pick the right lawyer to represent you. Your team needs the skills, history, and relationships to give you opportunities for a positive outcome for your case. When you speak with Westminster, CA, DUI attorneys about your case, ask them about the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police, totalling more than 50 years of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. You can speak with one of our team members 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We have experience working with the prosecutors in Westminster 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: 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. And we'd be proud to represent you as well.
DUI Case Types We Defend Against in Westminster
Criminal and administrative, whatever type of DUI charges you're fighting in Westminster, CA – our DUI defense team is prepared stand by you against the charges.
Here are some of the DUI case types we commonly 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 Tactics in Westminster, CA
Our Westminster, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Traffic Stop
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 effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team will investigate whether or not the procedure was followed when administering the tests, retest when possible, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
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. While this is can be difficult to overcome, our lawyers have more defense strategies we can pull from. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Don't Wait – Contact Our Westminster DUI Defense Lawyers TODAY
Westminster, CA, DUI accusations are serious. After an arrest, things move pretty fast. Your license disappears, you could find yourself in an interrogation room, you're given a court date…it's easy to feel like there's no way forward. In order to find a way out of all that, you need to call a DUI defense lawyer as soon as possible.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Westminster, CA DUI charges. We're equipped with the tools to build your case immediately and will can fight for your license and searching for positive outcomes right away. Talk to one of our team members now at (800) 755-5174 or fill out our contact form online for a no strings attached consultation.
We also provide the following legal services in Westminster, CA:
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