DUI Lawyer Hemet. If convicted, a DUI can permanently change your life for the worse. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you should consult with an expert to find your best path forward. 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 here to fight for your rights.
We are California's premier DUI defense lawyers and have successfully fought countless DUI charges. When you retain us, you're getting a team of DUI defense experts who know how to fight for you in the Hemet, CA, justice system and get you the best outcome possible.
Take too long to start your defense, and you could miss your chance. Call without delay at (800) 755-5174 or tell us about your case online to start building your defense strategy today.
Hemet, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Hemet, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. 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: 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 during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Refuse Voluntary Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. 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: Don't Argue With the Officer
Being rude won't help — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps 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 could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Hemet?
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. This is because the officer can make a subjective judgment about whether you are impaired or not, generally through field sobriety tests, then make arrests based on how you do.
Once you've been arrested, the CA legal system will proceed with 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, and the police will take away your existing license. While you're processing this, the police are providing a record of the arrest to the Hemet, CA, DMV, at which point, you're officially facing a license suspension.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Independant of the criminal charge process, 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 Hemet, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Hemet DUI defense lawyer will be filing motions, including motions 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 attorney will bargain with the Hemet district attorney to find a plea deal that minimizes penalties for you. But if that doesn't work, your attorney should be building a defense 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 how your case turns out, you may face penalties. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and license side. For advice on any stage with your charges, call now and we'll be happy to assist!
Hemet, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Hemet, CA, DUI charges are always a two-pronged challenge: The criminal case and the fight for your license. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are things to watch out for with both cases, and insights into how we protect your liberty and right to drive:
Hemet, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Criminal cases, including DUIs, all follow the same basic process – 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 provide expert defense and dissect the accusations. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can tell a different story.
With our defense strategies, we are almost always successful at protecting our Hemet, CA, clients from jail time. Often, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Hemet, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
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 outcome of the DMV hearing hinges on whether or not you were lawfully 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. At the Law Offices of David S. Chesley, we'll fight 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 an extra chance to arrange for that hearing. This is why it's important to contact a Hemet DUI defense lawyer without delay after the arrest.
Sentence You Could Face for a DUI in Hemet, CA
Hemet, CA, DUI criminal penalties can be harsh – even though some are misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be up against, 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 |
On top of whatever sentence you receive in Hemet court, you have to endure several collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. On the bright side, most first-time DUIs at this time will not result in deportation. 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 conviction will qualify an immigrant for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it hurts your application process.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Hemet, CA, immigration lawyer. 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 to protect your record, 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, odds are, you'll want to leave it in the past and move forward with your life. 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 Hemet, CA, DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
Top DUI Defense Attorneys in Hemet: What You Need to Know
When you're facing DUI charges, it's crucial to pick the right lawyer to fight for you. Your team needs the skills, background, and ties to give you opportunities for a positive outcome for your case. When looking for a DUI defense lawyer in Hemet, 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 team includes former judges, prosecutors, and law enforcement, totalling over 50 years of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in Hemet and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades 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 Take On in Hemet
Criminal and administrative, whatever type of DUI charges you're fighting in Hemet, CA – our DUI defense lawyers are prepared to battle against the charges.
Here is a list of the DUI case types we often 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 Hemet, CA
Our Hemet, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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 Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With 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, introduce alternative evidence when possible, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.
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 we won't give up yet. 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.
Start Your Defense Today – Contact Our Hemet DUI Defense Attorneys TODAY
Hemet, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. The police officer takes your license, there could be interrogations, you're informed of a court date…it's easy to be out of control. With everything going on, your best way out is to call a DUI defense lawyer right away.
Don't give the state a chance to put you behind bars. Don't wait too long and lose your driving privileges. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Hemet, CA DUI charges. We're standing by to answer your call right now and will work on a strategy to defend your license and your freedom right away. Reach out to us now at (800) 755-5174 or get in touch online for a no strings attached case review.
We also provide the following legal services in Hemet, CA:
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