DUI Lawyer Alhambra. The consequences of a DUI can be devastating. You're being accused of a crime; you're up against thousand dollar fines, years in jail, and more. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
Regardless of whether you're innocent or not, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's premier DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of DUI defense experts who know how to fight for you in the Alhambra, CA, justice system and get you the best outcome possible.
If you want to build an effective defense, you need to act now. Get a hold of us today at (800) 755-5174 or tell us how we can help online to start preparing your case's defense today.
Alhambra, 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. Here are four tips from a Alhambra, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. 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 stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
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 during any form of questioning. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are 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: Don't Argue With the Officer
Arguing with the officer won't improve your case — it will make things worse. This is about more than just avoiding an arrest in the short term; it also aids 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 Alhambra?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you aren't tested at all. The police can use other methods to determine whether or not you were safe to drive, probably with field sobriety tests, then make arrests based on how you do.
As soon as you're arrested, the CA legal system will proceed with both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, the police are providing a record of the arrest to the Alhambra, CA, DMV, at which point, you're officially facing a license suspension.
- 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: Even though you might feel overwhelmed by the criminal charges, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Alhambra DUI defense attorney will building the framework of your defense and filing motions to throw out illegal 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 work directly with the Alhambra prosecutor to try and secure a favorable deal before a trial. But if you do have to fight the charges in a trial, your attorney should be preparing now.
- Criminal Trial: Only a small percentage of DUI charges 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 a punishment. 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 with any step of the legal process, on both the criminal defense and administrative side. If you need help today, call now and we'll be happy to assist!
Defending Against Alhambra DUIs: Criminal Cases vs. DMV Hearings
Alhambra, CA, DUI charges are special because of their dual-nature: The criminal case and the DMV case. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are some things you need to know about both, and how we fight to protect your justice and ability to drive:
Alhambra, 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 an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we present reasonable doubt and push back against the charges. We'll deconstruct the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can present an alternate narrative.
We know what it takes to keep DUI defense clients out of jail in Alhambra, CA. In many cases, 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 work out probation over jail or prison time.
Alhambra, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension is independent of the criminal case, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the focus of this hearing is whether or not you were legitimately 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 a Alhambra, CA, DUI lawyer from our firm, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of options. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's essential to contact a Alhambra DUI defense lawyer immediately after being arrested.
Punishments After a DUI Conviction in Alhambra, CA
Alhambra, CA, DUI criminal penalties can permanently affect your life – while many are considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be facing, depending on the allegations you're facing:
| 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 Alhambra, CA, you're also facing collateral consequences, such as loss or increased expense of insurance and barriers between you and professional licenses.
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 will become grounds for deportation. For immigrants seeking citizenship, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Alhambra, CA, immigration lawyer. 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 to keep you in the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. You'll find, 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. Our Alhambra, CA, DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
Top DUI Defense Attorneys in Alhambra: What You Need to Know
No matter what DUI allegations you've been charged with, it's essential to pick the right lawyer to represent you. Your team needs the expertise, experience, and contacts to find the best outcome for your case. The top Alhambra, CA, DUI defense attorneys will have all of the following:
- 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, prosecutors, and police, totalling more than 50 years of experience with the law.
- Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We know how to connect with the prosecutors in Alhambra and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. 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 Fight in Alhambra
It doesn't matter what kind of DUI you're facing in Alhambra, CA – our DUI defense team is prepared to battle against the charges.
Below, you can review a list of the DUI allegations we typically 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 Alhambra, CA
Every DUI case needs a defensive strategy, and our Alhambra, CA DUI defense lawyers are here to help you find the right one. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Contest the Legitimacy of the Arrest
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, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a typical part of any traffic stop that turns into a DUI investigation. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
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. Even though this is harder to fight, you do still have viable defense strategies. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Get Rapid Assistance – Speak With Our Alhambra DUI Defense Lawyers TODAY
If you've been arrested or accused of a DUI in Alhambra, CA, things move pretty fast. Your license disappears, you could find yourself in an interrogation room, you're given a court date…it's easy to feel stressed out. Your path forward begins when you hire a DUI defense lawyer as soon as possible.
Don't give up and let the district attorney win. Don't wait too long and lose your driving privileges. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Alhambra, CA DUI charges. We're prepared to start building your defense right now and will begin protecting your license and your rights right away. Speak with a lawyer now at (800) 755-5174 or set up an appointment online for a confidential case review.
We also provide the following legal services in Alhambra, CA:
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