DUI Lawyer Camarillo. Camarillo DUI charges are very serious. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. If you declined to take an alcohol test, you can face separate charges, 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 the Camarillo, CA, district attorney is coming after you, you should consult with an expert to find your best path forward. Trying to defeat the allegations is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is at your service.
We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you work with us, you're getting a team of former prosecutors who know how to fight for you in the Camarillo, CA, court system and get you the best outcome possible.
Don't wait and let your chance slip away. Get in touch as soon as possible at (800) 755-5174 or tell us about your case online to start crafting your case's defense today.
Camarillo, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Camarillo, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections both before and after an arrest. Don't talk without an attorney present.
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, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Treat the Officer Respectfully
Acting belligerent and uncooperative won't help — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Camarillo?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, 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 how you do.
Once this happens, 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 – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Camarillo DUI defense lawyer will building the framework of your defense and filing motions to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will contact the Camarillo district attorney to find a plea deal that minimizes penalties for you. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: Only a small percentage of DUI charges 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 proceeds, 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 help you fight any allegation, on both the criminal defense and administrative side. For advice on any stage with your charges, you can start with a call to our offices!
Camarillo DUI: Fighting Criminal Cases vs. DMV Hearings
Camarillo, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the license suspension. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and how we fight to protect your justice and license:
Camarillo, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Camarillo, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we protect your rights and attack the allegations. We'll challenge the legitimacy of the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and look for evidence that can exonerate you.
The vast majority of our DUI clients in Camarillo do not receive any jail sentence. Commonly, 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.
Camarillo, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension is automatically applied, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on 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 rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, whether or not you were properly informed of the consequences. When you hire us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, the suspension is probably hear to stay. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's crucial to contact a Camarillo DUI defense attorney right away after being arrested.
Camarillo DUI Sentences and Consequences
Camarillo, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be fighting against, depending on what your charges are:
| 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 Camarillo court, you have to endure several collateral consequences, such as increased insurance premiums and career setbacks.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 conviction will qualify an immigrant for deportation. For immigrants seeking citizenship, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Camarillo, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs with alternatives to criminal sentencing, fight to keep you in the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, it's natural to want to move on and leave this in the past. Unfortunately, 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. Fortunately, if you're in Camarillo, CA, our DUI lawyers will also fight to protect you in this way, and give you a path to clean your record.
When You're Picking a Camarillo, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's important to pick the right lawyer to defend your innocence. Your team needs the proficiency, practice, and contacts to offer the best possible outcome for your case. When you speak with Camarillo, CA, DUI attorneys about your case, ask them about the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, several of our members are former judges, district attorneys, and police, totalling more than 50 years of experience handling cases.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. You can speak with one of our team members 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our team will leverage our connections with the prosecutors in Camarillo and all throughout CA.
- Reputation: Both in the community and in the legal sphere. 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: 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're ready to add you to our list of success stories.
DUI Case Types We Take On in Camarillo
Whatever type of DUI charge you need help with in Camarillo, CA – the Law Offices of David S. Chesley is prepared to battle against the charges.
This is a list of the DUI allegations we regularly 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 Camarillo, CA
If you want to craft an effective defense strategy, our Camarillo, CA, DUI lawyers are here to help. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Contest the Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining 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.
Show Issues With Blood, Breath, and/or Urine 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, introduce alternative evidence when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a typical part of any traffic stop that turns into a DUI investigation. But field sobriety tests are not objective measures of whether you're safe to drive or not. Your local DUI lawyer will inspect any records of the test and provide additional context for your performance, such as the stress of the situation.
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. This may sound bad, but our lawyers have more defense strategies we can pull from. 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 Immediate Help – Call Our Camarillo DUI Defense Attorneys TODAY
Camarillo, CA, DUI accusations are serious. After an arrest, it can be a whirlwind of legal processes. The police officer takes your license, a law enforcement official might be asking you hard questions, you're given a court date…it's easy to feel overwhelmed. With everything going on, your best way out is to hire an attorney now.
Don't sit by and watch the evidence mount against you. 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 fight for you.
We're experts at defending all Camarillo, CA DUI charges. We're standing by to answer your call immediately and will begin protecting 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 confidential consultation.
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