DUI Lawyer Commerce. If convicted, a DUI can permanently change your life for the worse. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and by declining, you could face even harsher penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you find yourself in this situation, you don't want to be alone. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is at your service.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of accomplished defense attorneys who know how to navigate the Commerce, CA, legal system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Talk to a lawyer without delay at (800) 755-5174 or tell us about your case online to start crafting your defense strategy today.
Commerce, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but it's still important to know how to handle a traffic stop. Below are four tips from a Commerce, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Many sober people will have trouble gathering up these documents under pressure. By following this tip, 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 Fifth Amendment protections during any form of questioning. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
California does not require the majority of people to participate in field sobriety tests, and in fact, you can often refuse without penalty. The two main exceptions are if you are under the age of 21, and/or if you are on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Treat the Officer Respectfully
Refusing to cooperate with the police won't help — it will increase your chances of getting in trouble. This isn't just something you're doing out of courtesy, though; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Commerce?
California DUI Law allows an officer to arrest you without a BAC level over the limit, 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, probably via field sobriety tests, then arrest you based on how you do.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, the police are ensuring that the arrest is added to your DMV record, which updates their records to show your license as suspended.
- Arraignment: Sometime after arriving at the police station, you will attend a hearing, and a prosecutor will announce what charges you're up against.
- 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: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Commerce DUI defense attorney will be filing motions, including motions to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will speak with the Commerce prosecutor to try and secure a favorable deal before a trial. But if you do have to fight the charges in a trial, your attorney should be building a defense now.
- Criminal Trial: Most DUI cases won't 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 turns out, you may face consequences. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you out, no matter where you are in the process, 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!
Commerce DUI Allegations and Criminal Cases vs. DMV Hearings
Commerce, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. 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 our process for defending your justice and right to drive:
Commerce, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Commerce, CA, court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we defend your freedom and attack the criminal accusations. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Commerce, CA. For several cases, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Commerce, CA, DUI License Suspension
On the other side of a Commerce DUI charge is the DMV and your license suspension. This suspension is automatically applied, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the hearing is to determine if you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's essential to contact a Commerce DUI defense attorney right away after being arrested.
Sentence You Could Face for a DUI in Commerce, CA
Commerce, CA, DUI criminal penalties are a lot to face – while many are considered misdemeanors, you could still end up with 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:
| 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 Commerce, CA legal sentence collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 conviction will qualify an immigrant for deportation. For individuals working on the naturalization process, even if you aren't deported, it can set your efforts back by several years.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Commerce, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs with alternatives to criminal sentencing, fight to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, you're liking looking forward to putting this all behind you. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Commerce, CA, DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Commerce? It's vital to pick the right lawyer to take your case. Your team needs the expertise, history, and connections to give you opportunities for a positive outcome for your case. When evaluating DUI lawyers in Commerce, CA, you want to judge the following:
- Experience: As defense attorneys, and also prosecutors. 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 with the law.
- Availability: So that you can get help right away when you need it. We're available 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We're familiar with the prosecutors in Commerce and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We're proud to have received numerous accolades 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 want you to be our next success story.
DUI Case Types We Fight in Commerce
Criminal and administrative, whatever type of DUI charges you're fighting in Commerce, CA – all of our DUI defense attorneys are prepared for the charges.
This is a list of the DUI cases 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 Strategies in Commerce, CA
When you work with the Law Offices of David S. Chesley, your Commerce, CA, DUI attorney will draw from years of experience with effective defense strategies. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, you might be able to secure a dismissal of the charges. This defense is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With Chemical 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 highlight the ways that these tests can give false readings, retest when possible, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.
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 it's not the end of your case. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Start Your Defense Today – Contact Our Commerce DUI Defense Lawyers RIGHT AWAY
Commerce, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. You can't drive anymore, a law enforcement official might be asking you hard questions, you get a court date…it's easy to be like there's no way forward. In order to find a way out of all that, you need to hire a lawyer right away.
Don't give up and let the district attorney win. Don't let your license go 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 Commerce, CA DUI charges. We're prepared to start building your defense immediately and will can fight for your license and your freedom immediately. Talk with one of us now at (800) 755-5174 or get in touch online for a no-obligation consultation.
We also provide the following legal services in Commerce, CA:
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