DUI Lawyer Cupertino. DUI law in Cupertino is complex. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
Regardless of whether you're innocent or not, you don't want to be alone. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Cupertino, CA.
We are California's leading 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 fight for you in the Cupertino, CA, justice system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Get in touch as soon as possible at (800) 755-5174 or tell us about your charges online to start crafting your case's defense today.
Cupertino, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Cupertino, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent during the entirety of your interactions with the law. Even just saying "I only had two drinks" can work against you.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Don't Argue With the Officer
Being rude won't help — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also aids your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Cupertino?
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, generally using field sobriety tests, then make judgements based on the results.
As soon as you're arrested, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension starts right away, when you're arrested – when arrested, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, they are providing a record of the arrest to the Cupertino, CA, DMV, beginning the formal suspension.
- Arraignment: Before you are released, you will be summoned to a court hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: While all of the criminal proceedings are going on, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Most people accused of DUIs in Cupertino, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Cupertino DUI defense lawyer will be filing motions, including motions to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will communicate with the Cupertino prosecutor to find a plea deal that minimizes penalties for you. But if the case goes to trial, your attorney should be crafting a strategy now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face some form of sentence. 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 provide you with advice on the best way to move forward, on both the criminal defense and administrative side. No matter where you are in your case, our team has the knowledge to guide you forward!
Cupertino, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Cupertino, CA, DUI charges include two separate fights: The criminal case and the fight for your license. In CA, these are always two separate processes, but both cases can be fought by the same DUI defense lawyer.
Here are descriptions of both case categories, and insights into how we protect your justice and right to drive:
Cupertino, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Cupertino, CA, court.
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 provide expert defense and dissect the accusations. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can result in a not guilty plea.
With our defense strategies, we are almost always successful at protecting our Cupertino, CA, clients from jail time. In many cases, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Cupertino, CA, DUI License Suspension
While your Cupertino criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, and to effectively 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, you can lose your license regardless of the outcome of the criminal case. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's essential to contact a Cupertino DUI defense attorney immediately after the arrest.
Punishments After a DUI Conviction in Cupertino, CA
Cupertino, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be fighting against, depending on how exactly your charged and your history:
| 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 |
Beyond any sentence that a judge in Cupertino, CA, sentences you to, you also need to worry about collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences are very serious. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically 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 can result in removal from the country. For individuals working on the naturalization process, 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 Cupertino, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs that will protect you from the harshest outcomes, fight against removal proceedings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. A Cupertino, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a path to clean your record.
Top DUI Defense Attorneys in Cupertino: What You Need to Know
Defending yourself against a DUI in Cupertino? It's crucial to pick the right lawyer to defend your innocence. Your team needs the proficiency, preparation, and relationships to give you opportunities for a positive outcome for your case. Here are the main things to look for in your Cupertino, CA, DUI defense lawyer:
- 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 over 50 years of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. 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 Cupertino and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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. If you're ready to join our list of successes, call now.
DUI Case Types We Take On in Cupertino
Whatever type of DUI charge you need help with in Cupertino, CA – the Law Offices of David S. Chesley is prepared to defend you against 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 Cupertino, CA
If you want to craft an effective defense strategy, our Cupertino, CA, DUI lawyers are here to help. 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.
Challenge the Legality of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, then the evidence arising from that traffic stop could be invalid. 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 Chemical Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will investigate whether or not the procedure was followed when administering the tests, push for tests to be redone, 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 there are several other factors that can affect your performance besides whether or not alcohol was in your system. Our attorneys will review the footage and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. Even though this is harder to fight, there are still ways to fight it. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Rapid Assistance – Contact Our Cupertino DUI Defense Attorneys TODAY
Cupertino, CA, DUI accusations are serious. After an arrest, it can feel like you don't even have time to think. Your license is suspended, you might be interrogated, you're informed of a court date…it's easy to be overwhelmed. In order to find a way out of all that, you need to contact a DUI defense attorney now.
Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Cupertino, CA DUI charges. We're standing by to answer your call right now and will begin protecting your license and keep you out of jail today. Call us now at (800) 755-5174 or fill out our contact form online for a free, confidential consultation.
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