DUI Lawyer Barstow. DUI law in Barstow is complex. This isn't just an administrative issue; you're also facing jail time, fines, and other penalties. If you declined to take an alcohol test, you can face separate charges, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you don't want to be alone. Trying to defeat the allegations 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 Barstow, CA.
We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you retain us, you're getting a team of experienced, high-quality lawyers who know how to defend your rights in the Barstow, CA, legal system and find the best result for your case.
While you're hesitating, the odds are stacking up against you. Reach out anytime, day or night, at (800) 755-5174 or tell us about your case online to start constructing your case's defense today.
Barstow, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but it's still important to know how to handle a traffic stop. Below are four tips from a Barstow, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. 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: Don't Talk If Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Automatically Consent to Tests
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, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Be Polite and Don't Argue
Refusing to cooperate with the police won't improve your case — it will increase your chances of getting in trouble. This doesn't just help you get through the traffic stop; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Barstow?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably with field sobriety tests, then make judgements based on the results.
Once this happens, 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 can start the minute the officer arrests you – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. Meanwhile, they are informing the DMV about 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 tell you the exact laws you're charged with breaking.
- DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Between your potential release and the trial, your Barstow DUI defense attorney will file pretrial motions, likely including some to suppress evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will speak with the Barstow prosecutor to try and secure a favorable deal before a trial. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: It's rare that a DUI case will go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face sanctions. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and administrative side. If you need help today, our team has the knowledge to guide you forward!
DUIs in Barstow, CA and Criminal Cases vs. DMV Hearings
Barstow, CA, DUI charges include two separate fights: The criminal case and the license suspension. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are descriptions of both case categories, and insights into how we protect your freedom and right to drive:
Barstow, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Your DUI case will typically go through the same process as any other criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we provide expert defense and push back against the supposed wrongdoing. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Barstow, 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.
Barstow, CA, DUI License Suspension
On the other side of a Barstow 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 to successfully 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, no matter what the court decision was, it won't automatically give you back your license. 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 to participate in tests, whether or not you were properly informed of the consequences. When you hire us, 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 an extra chance to arrange for that hearing. This is why it's critical to contact a Barstow DUI defense attorney as soon as you can after the arrest.
Barstow DUI Sentences and Consequences
Barstow, CA, DUI criminal penalties can leave a mark on your record for life – while some are 'just' misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be up against, 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 Barstow, CA, you're also facing collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 will be put on the same level as serious felonies when it comes to immigration consequenceses. For immigrants seeking citizenship, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Barstow, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that can protect you from a conviction, represent you at deportation hearings, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Barstow, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
When You're Picking a Barstow, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's crucial to pick the right lawyer to fight for you. Your team needs the abilities, preparation, and relationships to give you opportunities for a positive outcome for your case. When you speak with Barstow, CA, DUI attorneys about your case, ask them about the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, several of our members are former 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 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. We're familiar with the prosecutors in Barstow 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: 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. 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 Barstow
Whatever DUI charge you're up against in Barstow, CA – your DUI defense lawyer from our team prepared stand by you against the charges.
Here is a list of the DUI charges we commonly 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 Tactics in Barstow, CA
Whatever type of charge you're facing, our Barstow, 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.
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 is relevant 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
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 highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But you can still challenge them – they are not ironclad proof of guilt. An experienced Barstow, CA, DUI attorney will know how to dissect any records 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 .08 or higher. Even though this is harder to fight, 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.
Timing is Critical – Call Our Barstow DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Barstow, CA, it can be a whirlwind of legal processes. You lose your right to drive, law enforcement might try to do additional tests, you get a court date…it's easy to feel lost. In order to find a way out of all that, you need to contact a lawyer right away.
Don't sit by and watch the evidence mount against you. Don't wait too long and lose your driving privileges. 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 Barstow, CA DUI charges. We're prepared to start building your defense fast and will can fight for your license and searching for positive outcomes today. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a free, confidential consultation.
We also provide the following legal services in Barstow, CA:
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