DUI Lawyer Cathedral City. If convicted, a DUI can permanently change your life for the worse. 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. You can face DUI charges even for just refusing to take the tests, and in some cases, refusing can give you even worse penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you're facing these types of charges in CA, you shouldn't need to do this without help. Trying to defeat the allegations is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Cathedral City, CA.
We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of DUI defense experts who know how to navigate the Cathedral City, CA, justice system and provide paths to positive outcomes.
Acting fast is key to protecting your freedom and license. Reach out now at (800) 755-5174 or contact us online to start putting together your defense strategy today.
Cathedral City, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Cathedral City, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
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 avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
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. The officer may not like it, but they can't compel you to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Be Polite and Don't Argue
Acting belligerent and uncooperative won't help — it will make things worse. This isn't just something you're doing out of courtesy, though; 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 Cathedral City?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, often using field sobriety tests, then arrest you based on your performance.
As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can go into effect at the time of the arrest – you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, the police are providing a record of the arrest to the Cathedral City, CA, DMV, which updates their records to show your license as 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: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the meantime, your Cathedral City DUI defense lawyer will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Cathedral City district attorney to present you with plea deal offers that could protect your freedom. But if you do have to fight the charges in a trial, your attorney should be preparing now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- 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 provide you with advice on the best way to move forward, on both the criminal defense and bureaucratic side. Whatever stage in the process you're at, give us a call so that we can help!
Cathedral City, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Cathedral City, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are things to watch out for with both cases, and ways we defend your justice and ability to drive:
Cathedral City, 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.
The general court process is the same as any other criminal case – 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 defend your freedom and discredit the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, 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.
We have an extremely strong track record of clients who have avoided jail time in Cathedral City, CA. Frequently, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Cathedral City, 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 goes into effect regardless of where you're at in the criminal process, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, the focus of this hearing is whether or not you were lawfully 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 Cathedral City, CA, DUI lawyer from our firm, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's important to contact a Cathedral City DUI defense lawyer without delay after being arrested.
Cathedral City DUI Sentences and Consequences
Cathedral City, CA, DUI criminal penalties are intimidating – while some are 'just' misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be trying 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 |
Beyond the Cathedral City, CA legal sentence collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. 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 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 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 Cathedral City, 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 to protect your record, fight against removal proceedings, and guide you through your citizenship application.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Fortunately, if you're in Cathedral City, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI allegations you've been charged with, it's vital to pick the right lawyer to defend your innocence. Your team needs the expertise, experience, and connections to provide the optimal outcome for your case. The top Cathedral City, CA, DUI defense attorneys will have all of the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling more than five decades of experience.
- 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. We're familiar with the prosecutors in Cathedral City 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: 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. And we'd be proud to represent you as well.
DUI Case Types We Fight in Cathedral City
Whatever DUI charge you're up against in Cathedral City, CA – all of our DUI defense attorneys are prepared for the charges.
Below are some of the DUI case types 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 Cathedral City, CA
Our Cathedral City, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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 Traffic Stop
If the police did not follow proper procedure while stopping and examining you, we can argue for your case to be dismissed. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is 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 look into any potential procedural errors, retest when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. We will examine the evidence and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. Even though this is harder to fight, our lawyers have more defense strategies we can pull from. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Timing is Critical – Talk To Our Cathedral City DUI Defense Lawyers RIGHT AWAY
Cathedral City, CA, DUI accusations are serious. After an arrest, things move pretty fast. You lose your right to drive, law enforcement might try to do additional tests, you get a court date…it's easy to feel out of control. With everything going on, your best way out is to speak to a DUI defense lawyer right away.
Don't sit by and watch the evidence mount against you. 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 protect you.
We're experts at defending all Cathedral City, CA DUI charges. We're equipped with the tools to build your case right now and will begin protecting your license and your rights as soon as you call. Reach out to us now at (800) 755-5174 or tell us about your charges online for a no-obligation case review.
We also provide the following legal services in Cathedral City, CA:
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