DUI Lawyer Fontana. The consequences of a DUI can be devastating. This isn't just an administrative issue; 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.
If you're facing these types of charges in CA, you don't want to be alone. Trying to defeat the allegations is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's best DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of former prosecutors who know how to navigate the Fontana, CA, court system and get you the best outcome possible.
If you wait too long to build a defense, it could become too late. Call without delay at (800) 755-5174 or tell us about your case online to start building your defense strategy today.
Fontana, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but it's still important to know how to handle a traffic stop. Here are four tips from a Fontana, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
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. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
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. Don't talk without an attorney present.
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. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Treat the Officer Respectfully
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 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 Fontana?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically using field sobriety tests, then make arrests based on the results.
If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can go into effect at the time of the arrest – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, the police are updating your records with the DMV to account for the arrest, officially suspending your license.
- Arraignment: While under arrest, you will go to court, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: While all of the criminal proceedings are going on, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the interim, your Fontana DUI defense expert will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will communicate with the Fontana district attorney to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how you plea or are found, you may face some form of sentence. 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 with any step of the legal process, on both the criminal defense and license side. No matter where you are in your case, the Law Offices of David S. Chesley are here for you!
Defending Against Fontana DUIs: Criminal Cases vs. DMV Hearings
Fontana, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. These will never be handled in the same hearing, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and how we fight to protect your freedom and ability to drive:
Fontana, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Your DUI case will typically go through the same process as any other 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 build your defense and dissect the charges. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for faults in laboratory examinations, and look for witness testimony and other proof that can present an alternate narrative.
We have an extremely strong track record of clients who have avoided jail time in Fontana, CA. For several 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 avoid jail time with a probation sentence.
Fontana, CA, DUI License Suspension
Meanwhile, you need to worry about 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 your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the entire DMV hearing is about whether or not you were legitimately 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 work with a Fontana, CA, DUI lawyer from our firm, 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 request that hearing. This is why it's vital to contact a Fontana DUI defense lawyer without delay after the arrest.
DUI Punishments in Fontana
Fontana, CA, DUI criminal penalties can leave a mark on your record for life – even for the ones considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be fighting against, depending on the nature of the allegations:
| DUI Criminal 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 |
On top of whatever sentence you receive in Fontana court, you have to endure several collateral consequences, such as more expenses on your insurance and potential punitive actions from professional licensing organizations.
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 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 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 Fontana, CA, immigration lawyer. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and assist you with 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. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Fontana, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.
When You're Picking a Fontana, CA, DUI Lawyer, Consider These Factors
No matter what DUI allegations you've been charged with, it's essential to pick the right lawyer to take your case. Your team needs the talent, practice, and connections to secure a positive outcome for your case. When looking for a DUI defense lawyer in Fontana, CA, look for these signs:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police officers, totalling over five decades of experience.
- Availability: You should be able to get help fast, whenever you need it. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in Fontana and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. 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. If you're ready to join our list of successes, call now.
DUI Case Types We Fight in Fontana
Whatever type of DUI charge you need help with in Fontana, CA – your DUI defense lawyer from our team prepared help you navigate the charges.
This is a list of the DUI cases we frequently 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 Tactics in Fontana, CA
Every DUI case needs a defensive strategy, and our Fontana, CA DUI defense lawyers are here to help you find the right one. 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, you might be able to secure a dismissal of the charges. 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.
Show Issues With Blood, Breath, and/or Urine Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will investigate whether or not the procedure was followed when administering the tests, introduce alternative evidence when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will audit the test records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. This may sound bad, but it's not the end of your case. 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 Immediate Help – Call Our Fontana DUI Defense Lawyers AS SOON AS POSSIBLE
Fontana, CA, DUI accusations are serious. After an arrest, it can feel like you don't even have time to think. You lose your license, a law enforcement official might be asking you hard questions, you're informed of a court date…it's easy to be stressed out. With everything going on, your best way out is to hire aFontana, CA, DUI lawyer now.
Don't wait for the prosecution to build a case against you. Don't lose your ability to drive without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Fontana, CA DUI charges. We're prepared to start building your defense right now and will can fight for your license and your liberty today. Talk with one of us now at (800) 755-5174 or get in touch online for a free, confidential consultation.
We also provide the following legal services in Fontana, CA:
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