DUI Lawyer Yorba Linda. Yorba Linda DUI charges are very serious. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, 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 the Yorba Linda, CA, district attorney is coming after you, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is available to protect you in Yorba Linda.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of former prosecutors who know how to protect you in the Yorba Linda, CA, legal system and will always be honest with you about the state of your case and the best path forward.
While you're hesitating, the odds are stacking up against you. Talk to a lawyer today at (800) 755-5174 or tell us about your charges online to start preparing your defense strategy today.
Yorba Linda, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Yorba Linda, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. When you're already prepared to give them to the officer, 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 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. The officer may not like it, but they can't compel you to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Treat the Officer Respectfully
Acting belligerent and uncooperative 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 helps your defense: When you resist or act disrespectfully, 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 don't undergo any tests at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, likely through field sobriety tests, then make judgements based on the results.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension starts right away, when you're arrested – when arrested, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). In the meantime, the police are providing a record of the arrest to the Yorba Linda, CA, DMV, at which point, you're officially facing a license suspension.
- Arraignment: Sometime after arriving at the police station, you will go to court, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Independant of the criminal charge process, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Most people accused of DUIs in Yorba Linda, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Yorba Linda DUI defense expert will building the framework of your defense and filing motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will speak with the Yorba Linda prosecutor to find a plea deal that minimizes penalties for you. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: Your case probably will not 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 some form of sentence. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and DMV side. If you're facing a potential conviction, call now and we'll be happy to assist!
Yorba Linda, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Yorba Linda, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the driver's case. These will never be handled in the same hearing, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and how we fight to protect your liberty and license:
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 – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we defend your freedom and push back against the charges. We'll deconstruct the traffic stop, demonstrate any present errors in the police officer's judgement, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can result in a not guilty plea.
If you're facing jail time in Yorba Linda, CA, our attorneys can help you avoid it. For many clients, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Yorba Linda, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and if you want 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 focus of this hearing is whether or not you were lawfully 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. At the Law Offices of David S. Chesley, we'll challenge 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, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's essential to contact a Yorba Linda DUI defense attorney promptly after an arrest.
Potential Penalties for a DUI in Yorba Linda
Yorba Linda, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, it's possible to receive 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 the circumstances of the alleged offense:
| 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 loss or increased expense of insurance and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. On the bright side, most first-time DUIs at this time will not result in deportation. The bad news is that if something made this allegation more serious, like an injured bystander, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI conviction will qualify an immigrant for deportation. If you are trying to become an American citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
These accusations can be intimidating, but they are not the end. Your Yorba Linda, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs and plea deals that can keep a DUI off your record, 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 probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Yorba Linda, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
Top DUI Defense Attorneys in Yorba Linda: What You Need to Know
No matter what DUI allegations you've been charged with, it's critical to pick the right lawyer to defend you. Your team needs the proficiency, history, and ties to secure a positive outcome for your case. When evaluating DUI lawyers in Yorba Linda, CA, you want to judge the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and police, totalling over five decades of experience.
- Availability: You should be able to get help fast, whenever you need it. Our offices are always available if you need to talk 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We have experience working with the prosecutors in Yorba Linda and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 Defend Against in Yorba Linda
Administrative, criminal, or anything else related to DUIs in Yorba Linda, CA – your DUI defense lawyer from our team prepared for the charges.
Here are some of the DUI charges we often 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 Yorba Linda, CA
If you want to craft an effective defense strategy, our Yorba Linda, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.
Challenge 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 argue for your case to be dismissed. 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.
Show Issues With 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 look into any potential procedural errors, push for tests to be redone, and look for any issues in how the evidence was handled.
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. We will audit the test 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, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Timing is Critical – Call Our Yorba Linda DUI Defense Attorneys TODAY
When you're up against Yorba Linda DUI charges, you'll hardly get a chance to catch your breath. Your license disappears, you could find yourself in an interrogation room, you're told you have a court date…it's easy to feel like there's no way forward. To fight through the allegations, your first step is to get in touch with a lawyer as soon as possible.
Don't give up and let the district attorney win. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Yorba Linda, CA DUI charges. We're equipped with the tools to build your case immediately and will start protecting your driving privileges and your liberty immediately. Get a hold of us now at (800) 755-5174 or tell us about your charges online for a free case review.
We also provide the following legal services in Yorba Linda, CA:
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