DUI Lawyer La Mirada. If you're up against a DUI in La Mirada, it can feel overwhelming. This isn't just an administrative issue; depending on your history, you could go to prison. Declining a breathalyzer or blood test on its own can result in 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 the La Mirada, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's best DUI defense lawyers and have successfully fought countless DUI charges. When you retain us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the La Mirada, CA, justice system and find the best result for your case.
Don't wait and let your chance slip away. Speak with one of our attorneys right away at (800) 755-5174 or send us a note online to start building your defense today.
La Mirada, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a La Mirada, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By keeping these documents on hand, you avoid that risk.
Tip #2: Be Silent When 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, 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: Be Polite and Don't Argue
Being rude won't help — it can end up making your case harder to defend. 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 may come back up later in court.
What Happens After a DUI Arrest in La Mirada?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't undergo any tests at all. This is because the officer can make a subjective judgment about whether you are impaired or not, probably utilizing field sobriety tests, then make arrests based on how you do.
Once you've been arrested, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension effective immediately after your arrest – right away, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. Meanwhile, they are providing a record of the arrest to the La Mirada, CA, DMV, at which point, you're officially facing a license suspension.
- Arraignment: After your arrest and before your release, you will attend a hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: While all of the criminal proceedings are going on, 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: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your La Mirada DUI defense attorney will be filing motions, including motions to suppress unlawfully collected evidence, 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 attorney will negotiate with the La Mirada prosecutor to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be crafting a strategy now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case proceeds, you may face consequences. 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 provide you with advice on the best way to move forward, on both the criminal defense and administrative side. If you need help today, we have the experience to help you move towards a positive outcome!
La Mirada, CA, DUI Differences: Criminal Cases vs. DMV Hearings
La Mirada, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the driver's case. This will always require two separate defenses, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and what our attorneys will do for your freedom and right to drive:
La Mirada, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to La Mirada, CA, court.
Most of the steps in a DUI criminal case are identical to that of another 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 provide expert defense and push back against the allegations. We'll question whether or not the traffic stop was legitimate, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can exonerate you.
If you're facing jail time in La Mirada, CA, our attorneys can help you avoid it. Commonly, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
La Mirada, CA, DUI License Suspension
On the other side of a La Mirada DUI charge is 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.
The criminal charges are not always relevant in the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. 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 a La Mirada, CA, DUI lawyer from our firm, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's vital to contact a La Mirada DUI defense lawyer right away after an arrest.
DUI Punishments in La Mirada
La Mirada, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| 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 |
In addition to any criminal sentence in La Mirada, CA, you're also facing collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. On the bright side, most first-time DUIs at this time will not result in deportation. 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 can result in removal from the country. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can set your efforts back by several years.
A DUI accusation doesn't have to end your time in the United States. You can get help from your La Mirada, CA, immigration lawyer. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs that can protect you from a conviction, fight to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. A La Mirada, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
When You're Picking a La Mirada, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's critical to pick the right lawyer to take your case. Your team needs the talent, background, and connections to offer the best possible outcome for your case. When evaluating DUI lawyers in La Mirada, CA, you want to judge the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, district attorneys, and police, totalling over 50 years of experience handling cases.
- Availability: So that you can get help right away when you need it. You can speak with one of our team members 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. We have experience working with the prosecutors in La Mirada 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: 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 Against in La Mirada
Criminal and administrative, whatever type of DUI charges you're fighting in La Mirada, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.
This is a list of the DUI cases we can provide defenses for:
- 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 La Mirada, CA
Every DUI case needs a defensive strategy, and our La Mirada, 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.
Contest the Legitimacy of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, 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 BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will highlight the ways that these tests can give false readings, retest when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' 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 point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. Even though this is harder to fight, you do still have viable defense strategies. 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 – Call Our La Mirada DUI Defense Lawyers TODAY
If you've been arrested or accused of a DUI in La Mirada, CA, it can feel like you don't even have time to think. Your license disappears, a law enforcement official might be asking you hard questions, you're informed of a court date…it's easy to feel lost. Your path forward begins when you call aLa Mirada, CA, DUI attorney now.
Don't give up and let the district attorney win. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all La Mirada, CA DUI charges. We're ready to take on your case fast and will work on a strategy to defend your license and your liberty right away. Reach out to us now at (800) 755-5174 or set up an appointment online for a free case review.
We also provide the following legal services in La Mirada, CA:
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