DUI Lawyer Gardena. DUI law in Gardena is complex. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. California law also prohibits you from refusing to take a DUI test, and in some cases, refusing can give you even worse penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If the Gardena, CA, district attorney is coming after you, you don't want to be alone. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of DUI defense experts who know how to defend your rights in the Gardena, CA, legal system and find the best result for your case.
Acting fast is key to protecting your freedom and license. Reach out 24/7 at (800) 755-5174 or tell us about your case online to start putting together your defense strategy today.
Gardena, 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. Below are four tips from a Gardena, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Many sober people will have trouble gathering up these documents under pressure. By keeping these documents on hand, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections both before and after an arrest. 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. 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
Resisting the police won't help — it will come back to bite you. This isn't just something you're doing out of courtesy, though; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Gardena?
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. Police officers can do this because they when they rely on other methods to tell if you are impaired, often utilizing field sobriety tests, then decide whether or not to arrest you based on that.
Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, the police are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: At some point when you're in jail, you will attend a hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: While all of the criminal proceedings are going on, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Gardena 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: At the same time as pretrial motions, your DUI defense lawyer will work directly with the Gardena district attorney to present you with plea deal offers that could protect your freedom. But if the prosecutor won't give you a favorable offer, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your 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 how your case proceeds, you may face sanctions. 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 help you out, no matter where you are in the process, on both the criminal defense and DMV side. No matter where you are in your case, call now and we'll be happy to assist!
DUIs in Gardena, CA and Criminal Cases vs. DMV Hearings
Gardena, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.
Here are the key things to be aware of for each, and how we fight to protect your justice and driving privileges:
Gardena, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Criminal cases, including DUIs, all follow the same basic process – 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 listen to your side of the story and dissect the criminal accusations. We'll examine the lawfulness of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and look for evidence that can show the events in a more favorable light.
If you're facing jail time in Gardena, CA, our attorneys can help you avoid it. 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 work to give you an alternative to jail, in the form of probation.
Gardena, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and in order to 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. These hearings have serious consequences that require an expert Gardena, CA, DUI lawyer to navigate. At the hearing, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, the suspension is probably hear to stay. Outside of rare cases, you don't get another chance to request that hearing. This is why it's vital to contact a Gardena DUI defense lawyer without delay after being arrested.
Punishments After a DUI Conviction in Gardena, CA
Gardena, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| 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 |
You'll also be facing significant collateral consequences, such as elevated insurance costs and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 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 Gardena, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that can protect you from a conviction, represent you at deportation hearings, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. Unfortunately, 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 Gardena, CA, DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
When You're Picking a Gardena, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's key to pick the right lawyer to take your case. Your team needs the talent, practice, and connections to provide the optimal outcome for your case. Here are the main things to look for in your Gardena, CA, DUI defense lawyer:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and police officers, totalling over five decades of experience.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We know how to connect with the prosecutors in Gardena and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. 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 Defend Against in Gardena
Whatever DUI charge you're up against in Gardena, CA – all of our DUI defense attorneys are prepared help you navigate the charges.
Here is a list of the DUI case types 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 Gardena, CA
If you want to craft an effective defense strategy, our Gardena, 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 Legality of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, then the evidence arising from that traffic stop could be invalid. 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 investigate whether or not the procedure was followed when administering the tests, retest when possible, 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 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. An experienced Gardena, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, you do still have viable defense strategies. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Get Immediate Help – Contact Our Gardena DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Gardena, CA, you'll hardly get a chance to catch your breath. Your license is suspended, you could find yourself in an interrogation room, you're informed of a court date…it's easy to be overwhelmed. And that's why it's all the more important to hire a lawyer as soon as possible.
Don't give the state a chance to put you behind bars. Don't wait too long and lose your driving privileges. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Gardena, CA DUI charges. We're available to help right now and will start safeguarding your license and searching for positive outcomes right away. Reach out to us now at (800) 755-5174 or fill out our contact form online for a no-obligation case review.
We also provide the following legal services in Gardena, CA:
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