DUI Lawyer Concord. DUI law in Concord is complex. You're being accused of a crime; 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 while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's top DUI defense lawyers and have successfully fought countless DUI charges. When you choose us, you're getting a team of experienced, high-quality lawyers who know how to fight for you in the Concord, CA, justice system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Get in touch 24/7 at (800) 755-5174 or send us a note online to start putting together your defense today.
Concord, 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. Below are four tips from a Concord, CA, DUI Lawyer for you to remember if you're ever pulled over:
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. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you already have them ready, you avoid that risk.
Tip #2: Don't Talk If 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 during any form of questioning. Even just saying "I only had two drinks" can work against you.
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Respect the Law Enforcement Officer
Acting belligerent and uncooperative won't improve your case — it will make things worse. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: By acting out or arguing, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Concord?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, 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, often through field sobriety tests, then arrest you based on your performance.
As soon as you're arrested, 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 can go into effect at the time of the arrest – right away, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're processing this, the police are updating your records with the DMV to account for the arrest, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, 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 have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Concord DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will bargain with the Concord prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be crafting a strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and DMV side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Concord DUI Allegations and Criminal Cases vs. DMV Hearings
Concord, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. Different CA organizations cover each of these aspects, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are some things you need to know about both, and insights into how we protect your justice and driving privileges:
Concord, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in 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 push back against the criminal accusations. We'll examine the lawfulness of the traffic stop, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can show the events in a more favorable light.
The vast majority of our DUI clients in Concord 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.
Concord, 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 automatically, and if you want to 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 focus of this hearing is whether or not you were legitimately 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 Concord, CA, DUI lawyer to navigate. At the hearing, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's important to contact a Concord DUI defense attorney as soon as you can after an arrest.
Concord DUI Sentences and Consequences
Concord, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be facing, depending on the nature of the allegations:
| Alleged DUI Offense | 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 Concord, CA, you're also facing collateral consequences, such as increased insurance premiums and career setbacks.
DUIs and Immigration
DUI immigration consequences are very serious. On the bright side, most first-time DUIs at this time will not result in deportation. 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 become grounds for deportation. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Concord, CA, immigration lawyer. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs to protect your record, 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 guilty or not guilty, odds are, you'll want to leave it in the past and move forward with your life. However, 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 Concord, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Concord: What You Need to Know
Up against DUI charges? It's key to pick the right lawyer to fight for you. Your team needs the skills, experience, and ties to offer the best possible outcome for your case. Here are the main things to look for in your Concord, CA, DUI defense lawyer:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, several of our members are former judges, district attorneys, and law enforcement, totalling over 50 years of experience.
- Availability: You should be able to get help fast, whenever you need it. We're available 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Concord 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: Winners win. It's as simple as that. And we win, a lot. 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 Fight in Concord
Whatever DUI charge you're up against in Concord, CA – your DUI defense lawyer from our team prepared for the charges.
Here are some of the DUI charges 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 Strategies in Concord, CA
If you want to craft an effective defense strategy, our Concord, 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.
Challenge the Legality of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, we can challenge the evidence, and even the legitimacy of the case itself. 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 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. Our team will highlight the ways that these tests can give false readings, introduce alternative evidence when possible, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. 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 alternate explanations for your performance.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. Even though this is harder to fight, it's not the end of your case. 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 – Speak With Our Concord DUI Defense Attorneys TODAY
After a DUI arrest, it feels like there's no space to breathe. You lose your license, you might be interrogated, you're told you have a court date…it's easy to be like there's no way forward. What you need to do is speak to a DUI defense lawyer immediately.
Don't let the state decide how your case will go. Don't let your license go without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Concord, CA DUI charges. We're available to help right now and will work on a strategy to defend your license and keep you out of jail right away. Speak with a lawyer now at (800) 755-5174 or tell us about your case online for a free case review.
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