DUI Lawyer Hayward, CA

• Home
• DUI Lawyer
• DUI Lawyer Hayward, CA

DUI Lawyer Hayward. DUI law in Hayward is complex. You're being accused of a crime; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.

Regardless of whether you're innocent or not, you need help from a DUI defense expert. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is at your service.

We are California's premier DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of experienced, high-quality lawyers who know how to defend your rights in the Hayward, CA, legal system and get you the best outcome possible.

Acting fast is key to protecting your freedom and license. Get in touch right away at (800) 755-5174 or send us a note online to start crafting your defense today.

Hayward, CA, DUI Lawyer Traffic Stop Tips:

You may be a careful driver who doesn't violate any traffic laws, but knowing how to handle the situation is important for all Hayward, CA, residents. Here are four tips from a Hayward, CA, DUI Lawyer for you which can protect you from arrests and charges:

Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. 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 avoid that risk.

Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.

Tip #3: Don't Automatically Consent to Tests
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. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.

Tip #4: Don't Argue With the Officer
Acting belligerent and uncooperative won't help — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also aids your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which can be used against you.

What Happens After a DUI Arrest in Hayward?

California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you refuse to be tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, probably using field sobriety tests, then make arrests based on your performance.

If you've been placed under arrest, 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:

1. Suspension: Your license suspension can begin as soon as you're arrested – when arrested, you will be given a 30-day, temporary license, and your actual license will be taken. In the meantime, the police are providing a record of the arrest to the Hayward, CA, DMV, which updates their records to show your license as suspended.
2. Arraignment: Sometime after arriving at the police station, you will attend a hearing, and a prosecutor will inform you of the charges against you.
3. DMV Hearing: Independant of the criminal charge process, you'll want to set up a DMV hearing within 10 days to protect your license.
4. Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Between your potential release and the trial, your Hayward DUI defense attorney will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to reexamine your blood sample.
5. Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will contact the Hayward district attorney to try and secure a favorable deal before a trial. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
6. Criminal Trial: It's rare that a DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
7. 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, it's possible that your record will be eligible for sealing.

Our DUI legal experts can provide guidance for any charge, on both the criminal defense and administrative side. If you're facing a potential conviction, our team has the knowledge to guide you forward!

Hayward, CA, DUI Differences: Criminal Cases vs. DMV Hearings

Hayward, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. In CA, these are always two separate processes, but a leading DUI defense attorney from our offices will fight for you in both cases.

Here are important factors for both case types, and ways we defend your freedom and right to drive:

Hayward, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.

Most of the steps in a DUI criminal case are identical to that of another criminal charge – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.

At the Law Offices of David S. Chesley, we listen to your side of the story and attack the criminal accusations. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can result in a not guilty plea.

With our defense strategies, we are almost always successful at protecting our Hayward, CA, clients from jail time. Often, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.

Hayward, CA, DUI License Suspension

While your Hayward 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 successfully 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, no matter what the court decision was, it won't automatically give you back your license. Instead, the entire DMV hearing is about whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. When you work with us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.

If it's been more than ten days after your arrest, though, you're out of options. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's critical to contact a Hayward DUI defense lawyer right away after being arrested.

Potential Penalties for a DUI in Hayward

Hayward, CA, DUI criminal penalties are a lot to face – while some are 'just' misdemeanors, you could still end up with a year in jail, or six months for a first offense.

Here's an outline of the different penalties you could be fighting against, depending on the allegations you're facing:

On top of whatever sentence you receive in Hayward court, you have to endure several collateral consequences, such as elevated insurance costs and impacts on your employment.

DUIs and Immigration

DUI immigration consequences are very serious. On the bright side, most first-time DUIs at this time will not 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 can result in removal from the country. For individuals working on the naturalization process, even if you aren't deported, it hurts your application process.

These accusations can be intimidating, but they are not the end. Your Hayward, CA, immigration lawyer can give you practical advice on what comes next. 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, defend you against efforts to expel you from the country, and assist you with the citizenship application process.

After the Case: Expungement/Sealing

Whether your case ends in a conviction or an acquittal, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Hayward, 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 Hayward, CA, DUI Lawyer, Consider These Factors

Up against DUI charges? It's important to pick the right lawyer to represent you. Your team needs the abilities, experience, and ties to provide the optimal outcome for your case. When you speak with Hayward, CA, DUI attorneys about your case, ask them about the following:

1. Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and law enforcement, totalling over 50 years of experience handling cases.
2. Availability: So that you can get help right away when you need it. Our team is prepared to help you 24/7.
3. Relationships: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in Hayward and all throughout CA.
4. Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
5. 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.

DUI Case Types We Fight in Hayward

Whatever type of DUI charge you need help with in Hayward, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.

This is a list of the DUI charges we commonly defend:

DUI Defense Strategies in Hayward, CA

Our Hayward, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.

Challenge the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, your case could be thrown out on legal grounds. This defense is relevant if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.

Show Issues With BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will highlight the ways that these tests can give false readings, introduce alternative evidence when possible, and highlight any errors in the chain of custody.

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
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. Even though this is harder to fight, there are still ways to fight it. 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.

Don't Wait – Talk To Our Hayward DUI Defense Attorneys RIGHT AWAY

Hayward, CA, DUI accusations are serious. After an arrest, things move pretty fast. Your license is suspended, a law enforcement official might be asking you hard questions, you're told you have a court date…it's easy to feel out of control. And that's why it's all the more important to call a DUI defense lawyer as soon as possible.

Don't sit by and watch the evidence mount against you. 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 fight for you.

We're experts at defending all Hayward, CA DUI charges. We're prepared to start building your defense now and will start safeguarding your license and your liberty right away. Talk with one of 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 Hayward, CA:

• Criminal Defense Lawyer