DUI Lawyer Whittier. Whittier DUI charges are very serious. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher 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 need someone in your corner. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is available to protect you in Whittier.
We are California's premier DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of DUI defense experts who know how to protect you in the Whittier, CA, justice system and get you the best outcome possible.
Take too long to start your defense, and you could miss your chance. Reach out as soon as possible at (800) 755-5174 or tell us how we can help 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 to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Whittier, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
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. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Be Silent When 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. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
In California, field sobriety tests are voluntary unless you are 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: Don't Argue With the Officer
Refusing to cooperate with the police won't improve your case — it will increase your chances of getting in trouble. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: By acting out or arguing, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Whittier?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't undergo any tests at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, typically via field sobriety tests, then arrest you based on that.
Once this happens, the CA legal system will proceed with both a license suspension and criminal charges. Most DUI cases in Whittier, CA, follow this progression:
- Suspension: Your license suspension can go into effect at the time of the arrest – you will be given a 30-day, temporary license, and your actual license will be taken. In the meantime, they are providing a record of the arrest to the Whittier, CA, DMV, 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 inform you of the charges against you.
- DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- 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 lawyer 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: Inbetween pretrial motions, your DUI defense attorney will contact the Whittier district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if that doesn't work, your attorney should be preparing now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the outcome of your case, 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 provide guidance for any charge, on both the criminal defense and bureaucratic side. Whatever stage in the process you're at, call now and we'll be happy to assist!
Defending Against Whittier DUIs: Criminal Cases vs. DMV Hearings
Whittier, CA, DUI charges are special because of their dual-nature: The criminal case and the DMV case. These will never be handled in the same hearing, 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 insights into how we protect your liberty and license:
Whittier, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Your DUI case will typically go through the same process as any other criminal charge – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we listen to your side of the story and discredit the charges. We'll debate the legality of the traffic stop, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and look for witness testimony and other proof that can exonerate you.
The vast majority of our DUI clients in Whittier do not receive any jail sentence. For many clients, we'll contact the district attorney on their behalf and negotiate a charge reduction, 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
On the other side of a Whittier DUI charge is the DMV and your license suspension. This suspension is automatically applied, and to effectively 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, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the entire DMV hearing is about whether or not you were lawfully 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 us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, 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 critical to contact a Whittier DUI defense lawyer as soon as you can after the arrest.
Whittier DUI Sentences and Consequences
Whittier, CA, DUI criminal penalties can be harsh – while many are considered 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 up against, depending on the nature of the allegations:
| 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 |
You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. 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 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 currently applying to become a U.S. citizen, 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 know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs to protect your record, 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. 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 from the Law Offices of David S. Chesley can also assist with this process, and give you a chance to clean your record.
When You're Picking a Whittier, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's crucial to pick the right lawyer to defend your innocence. Your team needs the expertise, background, and ties to give you opportunities for a positive outcome for your case. Here are the main things to look for in your Whittier, CA, DUI defense lawyer:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and police, totalling more than five decades of experience with the law.
- Availability: So that you can get help right away when you need it. Our offices are always available if you need to talk 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Whittier and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. 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: 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. We want you to be our next success story.
DUI Case Types We Defend Against in Whittier
Criminal and administrative, whatever type of DUI charges you're fighting in Whittier, CA – our DUI defense team is prepared stand by you against the charges.
This 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 Accident Defense
- 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 in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in Whittier, CA
Every DUI case needs a defensive strategy, and our Whittier, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, your case could be thrown out on legal grounds. This defense is effective if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will look into any issues with how the equipment was stored or used, push for tests to be redone, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But these tests are subjective. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. While this is can be difficult to overcome, you do still have viable defense strategies. 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 – Speak With Our Whittier DUI Defense Attorneys NOW
When you're up against Whittier DUI charges, it can feel like you barely have a chance to think. Your license is suspended, you might be interrogated, you're told you have a court date…it's easy to feel overwhelmed. With everything going on, your best way out is to call a DUI defense attorney now.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Whittier, CA DUI charges. We're prepared to start building your defense now and will can fight for your license and your rights as soon as you call. Call us now at (800) 755-5174 or tell us about your charges online for a confidential consultation.
We also provide the following legal services in Whittier, CA:
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