DUI Lawyer Brea. If convicted, a DUI can permanently change your life for the worse. This isn't just an administrative issue; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
When you're up against the CA legal system, you shouldn't need to do this without help. Trying to fight against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is here to fight for your rights.
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 experienced, high-quality lawyers who know how to operate the Brea, CA, justice system and will always be honest with you about the state of your case and the best path forward.
If you want to build an effective defense, you need to act now. Get in touch today at (800) 755-5174 or tell us about your case online to start putting together your defense strategy today.
Brea, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Brea, CA, DUI Lawyer for you to remember if you're ever pulled over:
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. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you avoid that risk.
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 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. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Be Polite and Don't Argue
Being rude won't improve your case — it will come back to bite you. This isn't just something you're doing out of courtesy, though; it also aids your defense: Any time you open your mouth, whether or not the police asked you a question, 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 Brea?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally through field sobriety tests, then make judgements based on your performance.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can start the minute the officer arrests you – 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 providing a record of the arrest to the Brea, CA, DMV, which means your license is officially suspended.
- 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: As soon as you're released from jail, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Most people accused of DUIs in Brea, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Brea DUI defense expert will file pretrial motions, likely including some to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will contact the Brea district attorney to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a 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 the result of your case, you may face some form of sentence. 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 DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), our team has the knowledge to guide you forward!
Defending Against Brea DUIs: Criminal Cases vs. DMV Hearings
Brea, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. 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 how we fight to protect your liberty and driving privileges:
Brea, 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 defend your freedom and attack the accusations. We'll question whether or not the traffic stop was legitimate, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can exonerate you.
If you're facing jail time in Brea, CA, our attorneys can help you avoid it. For several 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 avoid jail time with a probation sentence.
Brea, CA, DUI License Suspension
On the other side of a Brea 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 being arrested.
The criminal charges are not always relevant in the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the outcome of the DMV hearing hinges on 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 hire us, 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 any more chances to schedule that hearing. This is why it's critical to contact a Brea DUI defense attorney as soon as you can after the arrest.
Punishments After a DUI Conviction in Brea, CA
Brea, CA, DUI criminal penalties can permanently affect your life – even for the ones considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be up against, depending on how exactly your charged and your history:
| DUI Criminal 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 |
On top of whatever sentence you receive in Brea court, you have to endure several collateral consequences, such as rising insurance rates and career setbacks.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. 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 you have faced DUI charges before, 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.
These accusations can be intimidating, but they are not the end. Your Brea, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs and plea deals that can keep a DUI off 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 want to get back to life as normal, before the charges. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Brea, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI allegations you've been charged with, it's essential to pick the right lawyer to defend you. Your team needs the proficiency, experience, and connections to offer the best possible outcome for your case. When you speak with Brea, 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, you will work with a team of attorneys including former judges, district attorneys, and law enforcement, totalling more than five decades of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. Our lines are never off, and you can contact us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Brea and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. 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 Brea
It doesn't matter what kind of DUI you're facing in Brea, CA – all of our DUI defense attorneys are prepared to battle against the charges.
Here is a list of the DUI cases 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 Tactics in Brea, CA
When you work with the Law Offices of David S. Chesley, your Brea, CA, DUI attorney will draw from years of experience with effective defense strategies. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legality of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, 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 pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in BAC 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 investigate whether or not the procedure was followed when administering the tests, retest in some cases, using a "blood-split" motion, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are often used by officers to evaluate whether someone is impaired or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will audit the test records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. This may sound bad, but you do still have viable defense strategies. 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.
Get Rapid Assistance – Talk To Our Brea DUI Defense Lawyers RIGHT AWAY
After a DUI arrest, you'll hardly get a chance to catch your breath. Your license disappears, there could be interrogations, you're informed of a court date…it's easy to be lost. In order to find a way out of all that, you need to hire a DUI defense attorney right away.
Don't give up and let the district attorney win. Don't lose your license because you missed the DMV hearing window. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Brea, CA DUI charges. We're available to help today and will start protecting your driving privileges and your liberty now. Call us now at (800) 755-5174 or tell us about your case online for a free, confidential consultation.
We also provide the following legal services in Brea, CA:
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