DUI Lawyer Antioch. If you're up against a DUI in Antioch, it can feel overwhelming. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. You can face DUI charges even for just refusing to take the tests, and the consequences you face might be even worse than a DUI conviction. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If the Antioch, CA, district attorney is coming after you, you don't want to be alone. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is just a call away in Antioch, CA.
We are California's best DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of experienced, high-quality lawyers who know how to defend your rights in the Antioch, CA, court system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Reach out 24/7 at (800) 755-5174 or tell us how we can help online to start building your defense today.
Antioch, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but knowing how to handle the situation is important for all Antioch, CA, residents. Below are four tips from a Antioch, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent 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
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, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Be Polite and Don't Argue
Acting belligerent and uncooperative won't improve your case — it will likely be something you regret. This isn't just something you're doing out of courtesy, though; it also benefits your defense: By acting out or arguing, 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 Antioch?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often with field sobriety tests, then arrest you based on that.
Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. Most DUI cases in Antioch, CA, follow this progression:
- Suspension: Your license suspension can begin as soon as you're arrested – you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're proceeding through the system, the police are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: Before you are released, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: While all of the criminal proceedings are going on, 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: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the interim, your Antioch DUI defense lawyer will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will speak with the Antioch prosecutor to find a plea deal that minimizes penalties for you. But if the case goes to trial, your attorney should be creating a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how you plea or are found, you may face consequences. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and license side. No matter where you are in your case, our team has the knowledge to guide you forward!
DUIs in Antioch, CA and Criminal Cases vs. DMV Hearings
Antioch, CA, DUI charges include two separate fights: The criminal case and the DMV case. This will always require two separate defenses, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and how we fight to protect your justice and driving privileges:
Antioch, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Most of the steps in a DUI criminal case are identical to that of another 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 craft a staunch defense and discredit the criminal accusations. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and see if there's anything the police missed that can tell a different story.
We know what it takes to keep DUI defense clients out of jail in Antioch, CA. In many cases, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Antioch, CA, DUI License Suspension
While your Antioch criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the hearing is to determine if you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, 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, you're out of options. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's crucial to contact a Antioch DUI defense attorney promptly after the traffic stop.
Potential Penalties for a DUI in Antioch
Antioch, CA, DUI criminal penalties can be harsh – even for the ones considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be facing, depending on how exactly your charged and your history:
| 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 |
On top of whatever sentence you receive in Antioch court, you have to endure several collateral consequences, such as more expenses on your insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. On the bright side, most first-time DUIs at this time will not 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 conviction will qualify an immigrant for deportation. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
These accusations can be intimidating, but they are not the end. Your Antioch, CA, immigration lawyer can give you practical advice on what comes next. 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, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. The bad news is 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. A Antioch, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
When You're Picking a Antioch, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's essential to pick the right lawyer to represent you. Your team needs the talent, background, and relationships to find the best outcome for your case. Here are the main things to look for in your Antioch, CA, DUI defense lawyer:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police, totalling over 50 years of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. 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 Antioch and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades 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. We want you to be our next success story.
DUI Case Types We Take On in Antioch
It doesn't matter what kind of DUI you're facing in Antioch, CA – your DUI defense lawyer from our team prepared to battle against the charges.
Here are some of the DUI cases 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 Antioch, CA
Whatever type of charge you're facing, our Antioch, CA, DUI attorneys can help you fight it. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality 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 police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. 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 look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. 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
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. While this is can be difficult to overcome, it's not the end of your case. 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.
Start Your Defense Today – Speak With Our Antioch DUI Defense Attorneys NOW
After a DUI arrest, it can feel like you don't even have time to think. You can't drive anymore, you might be interrogated, you get a court date…it's easy to feel overwhelmed. And that's why it's all the more important to get in touch with a DUI defense lawyer immediately.
Don't give the state a chance to put you behind bars. 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 protect you.
We're experts at defending all Antioch, CA DUI charges. We're ready to take on your case fast and will work on a strategy to defend your license and keep you out of jail immediately. Talk with one of us now at (800) 755-5174 or let us know what you need online for a free, confidential case review.
We also provide the following legal services in Antioch, CA:
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