DUI Lawyer Carson. 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. 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.
Regardless of whether you're innocent or not, you should consult with an expert to find your best path forward. Trying to stand up for yourself 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 ready to defend you.
We are California's leading DUI defense lawyers and have over 50 years of combined courtroom experience. When you hire us, you're getting a team of former prosecutors who know how to protect you in the Carson, CA, judicial 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. Speak with one of our attorneys without delay at (800) 755-5174 or contact us online to start putting together your case's defense today.
Carson, 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. Below are four tips from a Carson, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
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. Even just saying "I only had two drinks" can work against you.
Tip #3: Refuse Voluntary Tests
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
Refusing to cooperate with the police won't improve your case — it will likely be something you regret. This is about more than just avoiding an arrest in the short term; it also aids your defense: If you try to talk back or argue with the officer, 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 Carson?
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. Police officers can do this because they when they rely on other methods to tell if you are impaired, generally through field sobriety tests, then decide whether or not to arrest you based on the results.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Carson, CA, follow this progression:
- Suspension: Your license suspension can go into effect at the time of the arrest – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. Meanwhile, the police are providing a record of the arrest to the Carson, CA, DMV, at which point, you're officially facing a license suspension.
- Arraignment: At some point when you're in jail, you will be summoned to a court hearing, and a prosecutor will inform you of the charges against you.
- DMV Hearing: As soon as you're released from jail, 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. Meanwhile, your Carson DUI defense attorney will file pretrial motions, likely including some to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will speak with the Carson district attorney to find a plea deal that minimizes penalties for you. But if you end up on trial in front of a judge, your attorney should be preparing now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on the outcome of your case, you may face some form of sentence. 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 administrative side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!
DUIs in Carson, CA and Criminal Cases vs. DMV Hearings
Carson, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the fight for your license. These are handled separately by the state, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are important factors for both case types, and how we fight to protect your liberty and license:
Carson, 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 Carson, 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 listen to your side of the story and discredit the charges. We'll debate the legality of the traffic stop, argue against he officer's observations, look for faults in laboratory examinations, and hunt for other evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in Carson do not receive any jail sentence. For many clients, 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 avoid jail time with a probation sentence.
Carson, CA, DUI License Suspension
On the other side of a Carson DUI charge is the DMV and your license suspension. This suspension is independent of the criminal case, and in order to 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 focus of this hearing is 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. These hearings have serious consequences that require an expert Carson, CA, DUI lawyer to navigate. At the hearing, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to request that hearing. This is why it's vital to contact a Carson DUI defense lawyer right away after the traffic stop.
Punishments After a DUI Conviction in Carson, CA
Carson, CA, DUI criminal penalties can permanently affect your life – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be looking to avoid, 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 |
You'll also be facing significant collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
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 something made this allegation more serious, like an injured bystander, 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 count against your "good moral character," which you need to establish before becoming a citizen.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Carson, 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 and plea deals that can keep a DUI off your record, 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're liking looking forward to putting this all behind you. The bad news is that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Carson, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
Important Qualities You Need in a Carson, CA DUI Attorney
When you're facing DUI charges, it's crucial to pick the right lawyer to defend you. Your team needs the skills, history, and contacts to give you opportunities for a positive outcome for your case. When evaluating DUI lawyers in Carson, CA, you want to judge the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police, totalling over 50 years of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We have experience working with the prosecutors in Carson and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Fight in Carson
Administrative, criminal, or anything else related to DUIs in Carson, CA – our DUI defense team is prepared to battle against the charges.
Below, you can review a list of the DUI allegations we can provide defenses for:
- 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 Carson, CA
Whatever type of charge you're facing, our Carson, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.
Challenge 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, we can argue for your case to be dismissed. 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.
Flaws in BAC 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 investigate whether or not the procedure was followed when administering the tests, 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 'horizontal gaze nystagmus,' 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. 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
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 over the legal limit. This may sound bad, but there are still ways to fight it. We can examine your diet and medical conditions to find alternative explanations.
Timing is Critical – Talk To Our Carson DUI Defense Attorneys NOW
When you're up against Carson DUI charges, things move pretty fast. You lose your right to drive, law enforcement might try to do additional tests, you're informed of a court date…it's easy to feel stressed out. What you need to do is contact a lawyer right away.
Don't let the state decide how your case will go. Don't lose your ability to drive without a fight. 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 Carson, CA DUI charges. We're available to help now and will can fight for your license and your liberty now. Talk with one of us now at (800) 755-5174 or let us know what you need online for a confidential case review.
We also provide the following legal services in Carson, CA:
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