DUI Lawyer Woodland. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. California law also prohibits you from refusing to take a DUI test, and in some cases, refusing can give you even worse penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
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 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 Woodland.
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 accomplished defense attorneys who know how to defend your rights in the Woodland, CA, legal system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Call 24/7 at (800) 755-5174 or tell us how we can help online to start crafting your defense today.
Woodland, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Woodland, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent during any form of questioning. Don't talk without an attorney present.
Tip #3: Don't Automatically Consent to Tests
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, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Be Polite and Don't Argue
Being rude won't help — it will come back to bite you. You should be respectful for more than its own sake, though; it also benefits your defense: Any time you open your mouth, whether or not the police asked you a question, 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 Woodland?
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. This is because the officer can make a subjective judgment about whether you are impaired or not, generally with field sobriety tests, then arrest you 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 Woodland, 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. Meanwhile, the police are providing a record of the arrest to the Woodland, CA, DMV, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, you will attend a hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Separate from the criminal charges, 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 Woodland DUI defense attorney will be filing motions, including motions to suppress unlawfully collected 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 lawyer will bargain with the Woodland district attorney 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 if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. 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 you with advice on the best way to move forward, on both the criminal defense and bureaucratic side. If you need help today, we have the experience to help you move towards a positive outcome!
Woodland DUI: Fighting Criminal Cases vs. DMV Hearings
Woodland, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. These will never be handled in the same hearing, but both cases can be fought by the same DUI defense lawyer.
Here are descriptions of both case categories, and what our attorneys will do for your justice and ability to drive:
Woodland, 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 – 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 criminal accusations. We'll examine the lawfulness of the traffic stop, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and look for evidence that can present an alternate narrative.
We know what it takes to keep DUI defense clients out of jail in Woodland, CA. In many cases, 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 avoid jail time with a probation sentence.
Woodland, 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 goes into effect regardless of where you're at in the criminal process, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the outcome of the DMV hearing hinges on whether or not 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 work with a Woodland, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's crucial to contact a Woodland DUI defense attorney right away after being arrested.
Punishments After a DUI Conviction in Woodland, CA
Woodland, CA, DUI criminal penalties can permanently affect your life – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be looking to avoid, depending on the nature of the allegations:
| Formal DUI 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 |
In addition to any criminal sentence in Woodland, CA, you're also facing collateral consequences, such as elevated insurance costs and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 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.
These accusations can be intimidating, but they are not the end. Your Woodland, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs to protect your record, represent you at deportation hearings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. It doesn't take long to realize, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Woodland, CA, DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
When You're Picking a Woodland, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in Woodland? It is important to pick the right lawyer to represent you. Your team needs the abilities, history, and contacts to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Woodland, CA, look for these signs:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police officers, totalling more than 50 years of experience handling cases.
- Availability: So that you can get help right away when you need it. You can speak with one of our team members 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Woodland and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades 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. We're ready to add you to our list of success stories.
DUI Case Types We Fight in Woodland
Whatever DUI charge you're up against in Woodland, CA – your DUI defense lawyer from our team prepared for the charges.
Below are some of the DUI allegations we have experience defending:
- 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 Tactics in Woodland, CA
Every DUI case needs a defensive strategy, and our Woodland, CA DUI defense lawyers are here to help you find the right one. 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 Legitimacy of the Arrest
If the police did not follow proper procedure while stopping and examining you, we can argue for your case to be dismissed. This defense is a good option if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With Blood, Breath, and/or Urine Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. We 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 '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. Our attorneys will review the footage and point out situations where law enforcement unfairly failed our clients on these tests.
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, it's not the end of your case. We can examine your diet and medical conditions to find alternative explanations.
Get Immediate Help – Talk To Our Woodland DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, it can feel like you don't even have time to think. Your license is suspended, you might be interrogated, you're told you have a court date…it's easy to be lost. What you need to do is contact a DUI defense lawyer immediately.
Don't give up and let the district attorney win. Don't lose your license because you missed the DMV hearing window. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Woodland, CA DUI charges. We're prepared to start building your defense right now and will begin protecting your license and your freedom today. Reach out to us now at (800) 755-5174 or tell us about your charges online for a free consultation.
We also provide the following legal services in Woodland, CA:
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