DUI Lawyer Yuba City. If you're up against a DUI in Yuba City, it can feel overwhelming. You're not just facing the loss of your license; if you're facing years in prison for a repeat offense, your car is the least of your worries. California law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If the Yuba City, CA, district attorney is coming after you, you need someone in your corner. Trying to defeat the allegations is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's premier DUI defense lawyers and have over 50 years of combined courtroom experience. When you work with us, you're getting a team of former prosecutors who know how to protect you in the Yuba City, CA, court system and will always be honest with you about the state of your case and the best path forward.
Acting fast is key to protecting your freedom and license. Call 24/7 at (800) 755-5174 or contact us online to start crafting your case's defense today.
Yuba City, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but it's still important to know how to handle a traffic stop. Below are four tips from a Yuba City, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. When you're already prepared to give them to the officer, you avoid that risk.
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 Fifth Amendment protections at all points in the legal process. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. If you haven't been arrested, you can decline to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Don't Argue With the Officer
Acting belligerent and uncooperative won't improve your case — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Yuba City?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably using field sobriety tests, then arrest you based on your performance.
If you've been placed under arrest, 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 effective immediately after your arrest – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're proceeding through the system, the police are updating your records with the DMV to account for the arrest, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will be summoned to a court hearing, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: Independant of the criminal charge process, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Yuba City DUI defense lawyer will be filing motions, including motions to review the arrest footage, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will work directly with the Yuba City prosecutor to try and secure a favorable deal before a trial. But if you end up on trial in front of a judge, your attorney should be creating a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the result 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 guidance for any charge, on both the criminal defense and bureaucratic side. For advice on any stage with your charges, you can start with a call to our offices!
Defending Against Yuba City DUIs: Criminal Cases vs. DMV Hearings
Yuba City, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. These are handled separately by the state, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are important factors for both case types, and ways we defend your liberty and right to drive:
Yuba City, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 present reasonable doubt and discredit the criminal accusations. We'll examine the lawfulness of the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and look for witness testimony and other proof that can show the events in a more favorable light.
The vast majority of our DUI clients in Yuba City do not receive any jail sentence. 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 work to give you an alternative to jail, in the form of probation.
Yuba City, CA, DUI License Suspension
On the other side of a Yuba City DUI charge is the DMV and your license suspension. This suspension is independent of the criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. 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. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's essential to contact a Yuba City DUI defense lawyer without delay after the traffic stop.
Sentence You Could Face for a DUI in Yuba City, CA
Yuba City, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be up against, depending on the allegations you're facing:
| 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 |
Beyond any sentence that a judge in Yuba City, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 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 will hurt your application chances, especially for repeat or aggravated offenses.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Yuba City, 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 to protect your record, defend you against efforts to expel you from the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. A Yuba City, CA, DUI defense attorney can help you out here, too, and give you a path to clean your record.
Important Qualities You Need in a Yuba City, CA DUI Attorney
Up against DUI charges? It's key to pick the right lawyer to take your case. Your team needs the proficiency, history, and contacts to secure a positive outcome for your case. When evaluating DUI lawyers in Yuba City, CA, you want to judge the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police, totalling over five decades of experience with the law.
- 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: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our team will leverage our connections with the prosecutors in Yuba City and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. 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: At the end of the day, results matter. And our results are great. 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 Defend in Yuba City
Whatever DUI charge you're up against in Yuba City, CA – our DUI defense lawyers are prepared for the charges.
Here are some of the DUI case types 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 Strategies in Yuba City, CA
Our Yuba City, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Arrest
If the police did not follow proper procedure while stopping and examining you, we can challenge the evidence, and even the legitimacy of the case itself. This defense is a good option if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Blood, Breath, and/or Urine 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. We will look into any potential procedural errors, retest when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. This may sound bad, but it's not the end of your case. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Start Your Defense Today – Talk To Our Yuba City DUI Defense Lawyers TODAY
If you've been arrested or accused of a DUI in Yuba City, CA, it feels like there's no space to breathe. You lose your right to drive, there could be interrogations, you're assigned a court date…it's easy to feel stressed out. Your path forward begins when you call aYuba City, CA, DUI lawyer right away.
Don't let the state decide how your case will go. Don't wait too long and lose your driving privileges. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Yuba City, CA DUI charges. We're ready to take on your case right now and will work on a strategy to defend your license and searching for positive outcomes immediately. Talk with one of us now at (800) 755-5174 or set up an appointment online for a no-obligation case review.
We also provide the following legal services in Yuba City, CA:
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