DUI Lawyer Calabasas. Calabasas DUI charges are very serious. 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. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and in some cases, refusing can give you even worse penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you've been accused of a DUI in Calabasas, CA, you should consult with an expert to find your best path forward. Trying to defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is available to protect you in Calabasas.
We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you choose us, you're getting a team of legal experts who know how to defend your rights in the Calabasas, CA, judicial system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Talk to a lawyer now at (800) 755-5174 or contact us online to start constructing your defense strategy today.
Calabasas, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Calabasas, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
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. By keeping these documents on hand, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have the right to remain silent during any form of questioning. Don't talk without an attorney present.
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. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. 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: Respect the Law Enforcement Officer
Arguing with the officer won't help — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Calabasas?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, generally through field sobriety tests, then arrest you based on their evaluation of you.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- 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. In the meantime, the police are informing the DMV about the arrest, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will attend a hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Separate from the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your Calabasas DUI defense attorney will be filing motions, including motions to suppress evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will communicate with the Calabasas 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 if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the outcome of your case, you may face a punishment. 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 DMV side. If you're facing a potential conviction, give us a call so that we can help!
DUIs in Calabasas, CA and Criminal Cases vs. DMV Hearings
Calabasas, CA, DUI charges are always a two-pronged challenge: The criminal case and the fight for your license. These will never be handled in the same hearing, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and ways we defend your freedom and right to drive:
Calabasas, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Calabasas, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we listen to your side of the story and discredit the supposed wrongdoing. 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 tell a different story.
The vast majority of our DUI clients in Calabasas do not receive any jail sentence. For many clients, 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 work out probation over jail or prison time.
Calabasas, 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 doesn't wait for your criminal case, and to successfully 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, you can lose your license regardless of the outcome of the criminal case. Instead, the entire DMV hearing is about whether or not 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. When you work with a Calabasas, CA, DUI lawyer from our firm, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to request that hearing. This is why it's crucial to contact a Calabasas DUI defense lawyer right away after the arrest.
Potential Penalties for a DUI in Calabasas
Calabasas, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be facing, depending on the circumstances of the alleged offense:
| 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 Calabasas, CA, you're also facing collateral consequences, such as increased insurance premiums and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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. If you are currently applying to become a U.S. citizen, 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 Calabasas, CA, immigration lawyer can give you practical advice on what comes next. 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 that can protect you from a conviction, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Calabasas, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Calabasas: What You Need to Know
Accused of a DUI in Calabasas? It is important to pick the right lawyer to represent you. Your team needs the expertise, preparation, and ties to provide the optimal outcome for your case. The top Calabasas, CA, DUI defense attorneys will have all of the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, prosecutors, and police officers, totalling over 50 years of experience with the law.
- Availability: So that you can get help right away when you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our team will leverage our connections with the prosecutors in Calabasas and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. 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 Against in Calabasas
Criminal and administrative, whatever type of DUI charges you're fighting in Calabasas, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Here is a list of the DUI allegations 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 Strategies in Calabasas, CA
If you want to craft an effective defense strategy, our Calabasas, CA, DUI lawyers are here to help. 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 law enforcement made a mistake while conducting their investigation, your case could be thrown out on legal grounds. This defense could be used if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With 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. We will investigate any possible errors that were made when you took the test, introduce alternative evidence when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. We will examine the evidence and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. This may sound bad, but our lawyers have more defense strategies we can pull from. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Start Your Defense Today – Contact Our Calabasas DUI Defense Attorneys TODAY
When you're up against Calabasas DUI charges, things move pretty fast. Your license is suspended, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to be overwhelmed. What you need to do is hire a DUI defense attorney as soon as possible.
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 Calabasas, CA DUI charges. We're standing by to answer your call now and will can fight for your license and keep you out of jail immediately. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a no-obligation consultation.
We also provide the following legal services in Calabasas, CA:
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