DUI Lawyer Fullerton. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; if you're facing years in prison for a repeat offense, your car is the least of your worries. If you declined to take an alcohol test, you can face separate charges, and in some cases, refusing can give you even worse 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 need help from a DUI defense expert. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is at your service.
We are California's top DUI defense lawyers and have over 50 years of combined courtroom experience. When you hire us, you're getting a team of former prosecutors who know how to fight for you in the Fullerton, CA, legal system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Get a hold of us as soon as possible at (800) 755-5174 or tell us about your charges online to start crafting your defense today.
Fullerton, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but it's still important to know how to handle a traffic stop. Below are four tips from a Fullerton, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during any form of questioning. Even just saying "I only had two drinks" can work against you.
Tip #3: Don't Automatically Consent to Tests
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, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Respect the Law Enforcement Officer
Being rude won't help — it will come back to bite you. This doesn't just help you get through the traffic stop; it also helps 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 Fullerton?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you aren't tested at all. The police can use other methods to determine whether or not you were safe to drive, probably utilizing field sobriety tests, then make judgements 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 starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. In the meantime, the police are updating your records with the DMV to account for the arrest, officially suspending your license.
- Arraignment: At some point when you're in jail, you will attend a hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Separate from the criminal charges, 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 Fullerton, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your Fullerton DUI defense attorney will file motions to strengthen your defense, such as ones to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will contact the Fullerton prosecutor to avoid a trial with a plea deal that protects you. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: Your case probably will not go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how you plea or are found, you may face a punishment. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and license side. Whatever stage in the process you're at, you can start with a call to our offices!
Fullerton, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Fullerton, CA, DUI charges include two separate fights: The criminal case and the DMV case. These are handled separately by the state, 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 what our attorneys will do for your liberty and vehicular rights:
Fullerton, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
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 discredit the criminal accusations. We'll question whether or not the traffic stop was legitimate, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in Fullerton do not receive any jail sentence. Frequently, we'll work out a plea for reduced 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.
Fullerton, 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 effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. 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 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 hire us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's vital to contact a Fullerton DUI defense attorney right away after the traffic stop.
Punishments After a DUI Conviction in Fullerton, CA
Fullerton, CA, DUI criminal penalties can permanently affect your life – while some are 'just' misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be facing, depending on the nature of the allegations:
| Formal DUI 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 |
Beyond any sentence that a judge in Fullerton, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can be devastating. The good news is that, currently, a first-time DUI is generally not grounds for removal. The bad news is that if you have faced DUI charges before, 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 indefinitely pause your efforts to become a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Fullerton, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you're liking looking forward to putting this all behind you. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Fullerton, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
When You're Picking a Fullerton, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Fullerton? It's crucial to pick the right lawyer to represent you. Your team needs the talent, experience, and connections to secure a positive outcome for your case. When you speak with Fullerton, CA, DUI attorneys about your case, ask them about the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police officers, totalling more than 50 years of experience.
- Availability: You should be able to get help fast, whenever you need it. We're available 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our firm has experience working with the prosecutors in Fullerton and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud to be respected amongst our peers 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 want you to be our next success story.
DUI Case Types We Defend in Fullerton
Whatever type of DUI charge you need help with in Fullerton, CA – our DUI defense attorneys are prepared to battle against the charges.
Here 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 Strategies in Fullerton, CA
Every DUI case needs a defensive strategy, and our Fullerton, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, 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 BAC 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 highlight the ways that these tests can give false readings, push for tests to be redone, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a typical part of any traffic stop that turns into a DUI investigation. But these tests are subjective. We will examine the evidence and show whether or not you were fairly judged.
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 .08 or higher. While properly conducted BAC tests are hard to disprove, it's not the end of your case. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Timing is Critical – Speak With Our Fullerton DUI Defense Attorneys TODAY
After a DUI arrest, it can be a whirlwind of legal processes. You lose your right to drive, law enforcement might try to do additional tests, you're told you have a court date…it's easy to feel like there's no way forward. And that's why it's all the more important to contact a DUI defense lawyer as soon as possible.
Don't let the state decide how your case will go. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Fullerton, CA DUI charges. We're equipped with the tools to build your case right now and will start safeguarding your license and your liberty as soon as you call. Call us now at (800) 755-5174 or set up an appointment online for a free, confidential consultation.
We also provide the following legal services in Fullerton, CA:
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