DUI Lawyer Del Mar. Del Mar DUI charges are very serious. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. 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 it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you've been accused of a DUI in Del Mar, CA, you need someone in your corner. 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 here to fight for your rights.
We are California's best DUI defense lawyers and have over 50 years of combined courtroom experience. When you work with us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the Del Mar, CA, justice system and will always be honest with you about the state of your case and the best path forward.
Don't wait and let your chance slip away. Reach out 24/7 at (800) 755-5174 or send us a note online to start putting together your defense strategy today.
Del Mar, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing how to handle the situation is important for all Del Mar, CA, residents. Below are four tips from a Del Mar, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent during the entirety of your interactions with the law. Trying to explain away the smell of alcohol will probably just get you in more trouble.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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. If you haven't been arrested, you can decline to participate. 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 help — it will likely be something you regret. You should be respectful for more than its own sake, though; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Del Mar?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't blow at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably with field sobriety tests, then decide whether or not to arrest you based on how you do.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can start the minute the officer arrests you – 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 proceeding through the system, they are ensuring that the arrest is added to your DMV record, beginning the formal suspension.
- Arraignment: After your arrest and before your release, you will go to court, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: As soon as you're released from jail, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: Most people accused of DUIs in Del Mar, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Del Mar DUI defense lawyer will building the framework of your defense and filing motions to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will communicate with the Del Mar prosecutor to try and secure a favorable deal before a trial. But if that doesn't work, your attorney should be preparing now.
- Criminal Trial: Your case probably will not go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how you plea or are found, you may face sanctions. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and driver's license side. No matter where you are in your case, give us a call so that we can help!
Del Mar DUI Allegations and Criminal Cases vs. DMV Hearings
Del Mar, CA, DUI charges include two separate fights: The criminal case and the fight for your license. These are handled separately by the state, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and what our attorneys will do for your freedom and right to drive:
Del Mar, 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 – 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 build your defense and discredit the criminal accusations. We'll question whether or not the traffic stop was legitimate, 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.
The vast majority of our DUI clients in Del Mar do not receive any jail sentence. 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 work out probation over jail or prison time.
Del Mar, CA, DUI License Suspension
While your Del Mar criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, 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, your license can still be suspended even if you do not receive a criminal conviction. Instead, this administrative hearing is focused on if you were rightfully 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 hire us, 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, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's vital to contact a Del Mar DUI defense attorney as soon as you can after an arrest.
DUI Punishments in Del Mar
Del Mar, CA, DUI criminal penalties can be harsh – even though some are 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 facing, 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 |
In addition to any criminal sentence in Del Mar, CA, you're also facing collateral consequences, such as rising insurance rates and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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.
If any of the above situations apply to you, don't panic: Call one of our Del Mar, CA, immigration lawyers to get immediate help. 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 and plea deals that can keep a DUI off your record, represent you at deportation hearings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, 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 Del Mar, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
Important Qualities You Need in a Del Mar, CA DUI Attorney
Defending yourself against a DUI in Del Mar? It's critical to pick the right lawyer to fight for you. Your team needs the abilities, history, and connections to find the best outcome for your case. When you speak with Del Mar, CA, DUI attorneys about your case, ask them about the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police officers, totalling more than five decades of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. We know how to connect with the prosecutors in Del Mar and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 Defend in Del Mar
It doesn't matter what kind of DUI you're facing in Del Mar, CA – our DUI defense lawyers are prepared help you navigate the charges.
Below are some of the DUI case types 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 Del Mar, CA
If you want to craft an effective defense strategy, our Del Mar, CA, DUI lawyers are here to help. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legitimacy 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, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will look into any issues with how the equipment was stored or used, 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 a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and point out situations where law enforcement unfairly failed our clients on these tests.
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. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Don't Wait – Speak With Our Del Mar DUI Defense Lawyers NOW
If you've been arrested or accused of a DUI in Del Mar, CA, it feels like there's no space to breathe. You can't drive anymore, there could be interrogations, you're informed of a court date…it's easy to be lost. What you need to do is speak to aDel Mar, CA, DUI attorney as soon as possible.
Don't give up and let the district attorney win. Don't wait too long and lose your driving privileges. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Del Mar, CA DUI charges. We're available to help now and will start protecting your driving privileges and your rights right away. Speak with a lawyer now at (800) 755-5174 or get in touch online for a no strings attached consultation.
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