DUI Lawyer Whittier. If convicted, a DUI can permanently change your life for the worse. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you're facing these types of charges in CA, you should consult with an expert to find your best path forward. Trying to defeat the allegations is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of accomplished defense attorneys who know how to fight for you in the Whittier, 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 in touch today at (800) 755-5174 or tell us about your charges online to start putting together your defense strategy today.
Whittier, 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 Whittier, CA, residents. Here are four tips from a Whittier, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Have Your Documents Ready
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. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
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 any form of questioning. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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
Arguing with the officer won't help — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Whittier?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't undergo any tests at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often through field sobriety tests, then arrest you based on their evaluation of you.
Once this happens, the CA legal system will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can start the minute the officer arrests you – when arrested, 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 updating your records with the DMV to account for the arrest, which updates their records to show your license as suspended.
- Arraignment: While under arrest, 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 need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Most people accused of DUIs in Whittier, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Whittier DUI defense attorney will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will work directly with the Whittier prosecutor to present you with plea deal offers that could protect your freedom. But if it does go to trial, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your DUI case will 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, you may be eligible to have your record sealed.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and bureaucratic side. Whatever stage in the process you're at, we have the experience to help you move towards a positive outcome!
Whittier, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Whittier, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the DMV case. 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 ways we defend your freedom and driving privileges:
Whittier, 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.
Your DUI case will typically go through the same process as any other criminal charge – 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 fight against the accusations. We'll debate the legality of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can show the events in a more favorable light.
We have an extremely strong track record of clients who have avoided jail time in Whittier, 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 argue for probation to maintain your freedom.
Whittier, CA, DUI License Suspension
Meanwhile, you need to worry 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.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. 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 alcohol tests, whether or not you were properly informed of the consequences. When you work with a Whittier, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's vital to contact a Whittier DUI defense lawyer promptly after an arrest.
Potential Penalties for a DUI in Whittier
Whittier, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be trying to avoid, depending on what your charges are:
| 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 Whittier, CA legal sentence collateral consequences, such as elevated insurance costs and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 individuals working on the naturalization process, even if you aren't deported, it hurts your application process.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Whittier, 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 with alternatives to criminal sentencing, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. It doesn't take long to realize, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Whittier, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
Important Qualities You Need in a Whittier, CA DUI Attorney
Accused of a DUI in Whittier? It is essential to pick the right lawyer to fight for you. Your team needs the expertise, preparation, and relationships to secure a positive outcome for your case. Here are the main things to look for in your Whittier, 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, district attorneys, and law enforcement, totalling more than five decades of experience with the law.
- Availability: DUI allegations can happen any time, day or night. Our lines are never off, and you can contact us 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 Whittier 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: 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. 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 Whittier
Criminal and administrative, whatever type of DUI charges you're fighting in Whittier, CA – our DUI defense attorneys are prepared stand by you against the charges.
Here are some of the DUI charges 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 Tactics in Whittier, CA
When you work with the Law Offices of David S. Chesley, your Whittier, CA, DUI attorney will draw from years of experience with effective defense strategies. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy 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
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will investigate whether or not the procedure was followed when administering the tests, re-examine the evidence to look for alternate explanations, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' 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 provide additional context for your performance, such as the stress of the situation.
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. This may sound bad, but there are still ways to fight it. We can examine your diet and medical conditions to find alternative explanations.
Get Rapid Assistance – Contact Our Whittier DUI Defense Lawyers TODAY
Whittier, CA, DUI accusations are serious. After an arrest, you'll hardly get a chance to catch your breath. The police officer takes your license, law enforcement might try to do additional tests, you're informed of a court date…it's easy to be like there's no way forward. In order to find a way out of all that, you need to speak to a lawyer right away.
Don't sit by and watch the evidence mount against you. Don't lose your license because you missed the DMV hearing window. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Whittier, CA DUI charges. We're available to help now and will start safeguarding your license and searching for positive outcomes as soon as you call. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a no-obligation consultation.
We also provide the following legal services in Whittier, CA:
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