DUI Lawyer Yorba Linda. If you're up against a DUI in Yorba Linda, it can feel overwhelming. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. If you declined to take an alcohol test, you can face separate charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you're facing these types of charges in CA, you don't want to be alone. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's premier 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 veteran defense attorneys who know how to defend your rights in the Yorba Linda, CA, court system and find the best result for your case.
If you want to build an effective defense, you need to act now. Speak with one of our attorneys today at (800) 755-5174 or send us a note online to start building your defense strategy today.
Yorba Linda, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Yorba Linda, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
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 already have them ready, you avoid that risk.
Tip #2: Be Silent When 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 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
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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
Acting belligerent and uncooperative won't help — it can end up making your case harder to defend. This is about more than just avoiding an arrest in the short term; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Yorba Linda?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, 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 utilizing field sobriety tests, then make judgements based on their evaluation of you.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Yorba Linda, CA, follow this progression:
- Suspension: Your license suspension can go into effect at the time of the arrest – right away, you will be given a 30-day, temporary license, and your actual license will be taken. While you're processing this, the police are contacting the DMV about your DUI arrest, which means your license is officially suspended.
- Arraignment: Before you are released, you will be summoned to a court hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Separate from the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Meanwhile, your Yorba Linda DUI defense lawyer will file motions to strengthen your defense, such as ones to review the arrest footage, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will contact the Yorba Linda district attorney to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be crafting a strategy now.
- Criminal Trial: Most DUI cases won't 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 consequences. 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 driver's license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), call now and we'll be happy to assist!
DUIs in Yorba Linda, CA and Criminal Cases vs. DMV Hearings
Yorba Linda, CA, DUI charges include two separate fights: The criminal case and the DMV case. Different CA organizations cover each of these aspects, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are descriptions of both case categories, and our process for defending your liberty and ability to drive:
Yorba Linda, 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 – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we provide expert defense and push back against the charges. We'll deconstruct the traffic stop, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and search for other witnesses or evidence that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Yorba Linda, CA. In many cases, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Yorba Linda, CA, DUI License Suspension
On the other side of a Yorba Linda DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the outcome of the DMV hearing hinges on whether or not 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 hire 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 options. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's important to contact a Yorba Linda DUI defense attorney as soon as you can after being arrested.
Punishments After a DUI Conviction in Yorba Linda, CA
Yorba Linda, CA, DUI criminal penalties can leave a mark on your record for life – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be facing, depending on what your charges are:
| 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 |
Beyond any sentence that a judge in Yorba Linda, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can be devastating. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 conviction will qualify an immigrant for deportation. For individuals working on the naturalization process, even if you aren't deported, it hurts your application process.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Yorba Linda, CA, immigration lawyer. 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 that can protect you from a conviction, fight against removal proceedings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Yorba Linda, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.
Top DUI Defense Attorneys in Yorba Linda: What You Need to Know
Up against DUI charges? It's vital to pick the right lawyer to defend you. Your team needs the abilities, practice, and ties to secure a positive outcome for your case. The top Yorba Linda, CA, DUI defense attorneys will have all of the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and police officers, totalling over five decades of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. You can get a hold of us 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Yorba Linda and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. 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. We're ready to add you to our list of success stories.
DUI Case Types We Fight in Yorba Linda
It doesn't matter what kind of DUI you're facing in Yorba Linda, CA – your DUI defense lawyer from our team prepared to battle against the charges.
Below are some of the DUI case types 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 Yorba Linda, CA
Every DUI case needs a defensive strategy, and our Yorba Linda, CA DUI defense lawyers are here to help you find the right one. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legality of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, your case could be thrown out on legal grounds. This defense could be used if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in BAC 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 any possible errors that were made when you took the test, retest in some cases, using a "blood-split" motion, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But these tests are subjective. An experienced Yorba Linda, CA, DUI attorney will know how to dissect any records and look for expert analysis that will show your performance in a more favorable light.
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. 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.
Don't Wait – Speak With Our Yorba Linda DUI Defense Attorneys NOW
After a DUI arrest, it can be a whirlwind of legal processes. You lose your license, a law enforcement official might be asking you hard questions, you're given a court date…it's easy to be like there's no way forward. To fight through the allegations, your first step is to speak to aYorba Linda, CA, DUI attorney immediately.
Don't let the state decide how your case will go. Don't lose your ability to drive 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 Yorba Linda, CA DUI charges. We're standing by to answer your call immediately and will start safeguarding your license and your freedom today. Get a hold of us now at (800) 755-5174 or tell us about your case online for a no strings attached consultation.
We also provide the following legal services in Yorba Linda, CA:
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