DUI Lawyer Diamond Bar. The consequences of a DUI can be devastating. You're being accused of a crime; depending on your history, you could go to prison. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to navigate the laws and the courts is a fight you want backup for, which is why the Law Offices of David S. Chesley is just a call away in Diamond Bar, CA.
We are California's best DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of legal experts who know how to protect you in the Diamond Bar, CA, legal system and find the best result for your case.
If you wait too long to build a defense, it could become too late. Talk to a lawyer as soon as possible at (800) 755-5174 or send us a note online to start constructing your defense strategy today.
Diamond Bar, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Diamond Bar, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
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. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections at all points in the legal process. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or are on probation. If you haven't been arrested, you can decline to participate. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't improve your case — it will come back to bite you. This is about more than just avoiding an arrest in the short term; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Diamond Bar?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, typically with field sobriety tests, then make judgements based on the results.
Once you've been arrested, the CA legal system starts moving towards 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 – you will be given a 30-day, temporary license, while the officer will keep your regular license. In the meantime, they are providing a record of the arrest to the Diamond Bar, CA, DMV, at which point, you're officially facing a license suspension.
- Arraignment: After your arrest and before your release, you will be summoned to a court hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Separate from the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. While you're waiting for the trial, your Diamond Bar DUI defense lawyer will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will speak with the Diamond Bar district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if the case goes to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: It's rare that a DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- 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 bureaucratic side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Diamond Bar DUI Allegations and Criminal Cases vs. DMV Hearings
Diamond Bar, CA, DUI charges include two separate fights: The criminal case and the license suspension. Different CA organizations cover each of these aspects, 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:
Diamond Bar, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Diamond Bar, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we present reasonable doubt and push back against the supposed wrongdoing. We'll debate the legality of the traffic stop, display flaws in the officer's analysis, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Diamond Bar, CA. In many cases, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Diamond Bar, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension goes into effect automatically, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the focus of this hearing is whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, 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.
If you waited too long and it's past the deadline to request a hearing, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's critical to contact a Diamond Bar DUI defense attorney immediately after the traffic stop.
DUI Punishments in Diamond Bar
Diamond Bar, CA, DUI criminal penalties are intimidating – even though some are misdemeanors, you could still end up with a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| 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 Diamond Bar, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be incredibly 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 will become grounds for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Diamond Bar, CA, immigration lawyer. 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 with alternatives to criminal sentencing, defend you against efforts to expel you from 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, it's natural to want to move on and leave this in the past. 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 Diamond Bar, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
When You're Picking a Diamond Bar, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's important to pick the right lawyer to defend you. Your team needs the talent, preparation, and ties to offer the best possible outcome for your case. When you speak with Diamond Bar, CA, DUI attorneys about your case, ask them about the following:
- Experience: If it's both for and against the state, even better. 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.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our team is prepared to help you 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We have experience working with the prosecutors in Diamond Bar and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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. We're ready to add you to our list of success stories.
DUI Case Types We Fight in Diamond Bar
Administrative, criminal, or anything else related to DUIs in Diamond Bar, CA – our DUI defense lawyers are prepared to battle against the charges.
This is a list of the DUI cases we typically 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 Diamond Bar, CA
Every DUI case needs a defensive strategy, and our Diamond Bar, CA DUI defense lawyers are here to help you find the right one. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Contest the Legitimacy of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, we can argue for your case to be dismissed. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Chemical Tests
Many DUI cases center around a blood-alcohol content test. Our team will investigate any possible errors that were made when you took the test, push for tests to be redone, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But these tests are subjective. We will examine the evidence and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. This may sound bad, but there are still ways to fight it. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Get Rapid Assistance – Talk To Our Diamond Bar DUI Defense Attorneys TODAY
DUI allegations are no joke. After you've been charged, it can feel like you don't even have time to think. You lose your license, law enforcement might try to do additional tests, you're assigned a court date…it's easy to feel lost. Your path forward begins when you speak to a DUI defense attorney right away.
Don't give the state a chance to put you behind bars. Don't lose your license because you missed the DMV hearing window. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Diamond Bar, CA DUI charges. We're prepared to start building your defense now and will begin protecting your license and your freedom immediately. Talk to one of our team members now at (800) 755-5174 or set up an appointment online for a free, confidential case review.
We also provide the following legal services in Diamond Bar, CA:
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