DUI Lawyer Madera. The consequences of a DUI can be devastating. You're being accused of a crime; 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.
When you're up against the CA legal system, you don't want to be alone. Trying to fight against the prosecution is a challenge nobody should have to face on their own, 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 hire us, you're getting a team of veteran defense attorneys who know how to defend your rights in the Madera, CA, justice system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Get in touch now at (800) 755-5174 or contact us online to start putting together your defense today.
Madera, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Madera, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By following this tip, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent during any form of questioning. Even just saying "I only had two drinks" can work against you.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. If you haven't been arrested, you can decline to participate. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Respect the Law Enforcement Officer
Arguing with the officer won't improve your case — it will come back to bite you. This doesn't just help you get through the traffic stop; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Madera?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, probably utilizing field sobriety tests, then decide whether or not to arrest you based on that.
Once you've been arrested, the CA legal system will proceed with 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 – 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 contacting the DMV about your DUI arrest, officially suspending your license.
- Arraignment: At some point when you're in jail, you will go to court, 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 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: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Madera DUI defense lawyer will laying the groundwork of your defense through motions to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will contact the Madera prosecutor to present you with plea deal offers that could protect your freedom. But if you do have to fight the charges in a trial, your attorney should be creating a defense now.
- Criminal Trial: Most DUI cases won't go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- 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, we may be able to help you clean your record.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and driver's license side. If you're facing a potential conviction, we have the experience to help you move towards a positive outcome!
DUIs in Madera, CA and Criminal Cases vs. DMV Hearings
Madera, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the driver's case. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are the key things to be aware of for each, and insights into how we protect your liberty and ability to drive:
Madera, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Madera, CA, court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 present reasonable doubt and attack the allegations. We'll deconstruct the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can present an alternate narrative.
We have an extremely strong track record of clients who have avoided jail time in Madera, CA. In many cases, 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.
Madera, 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 doesn't wait for your criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, no matter what the court decision was, it won't automatically give you back your license. 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 to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you're out of luck. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's critical to contact a Madera DUI defense attorney without delay after the arrest.
Potential Penalties for a DUI in Madera
Madera, CA, DUI criminal penalties can permanently affect your life – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be trying to avoid, depending on the allegations you're facing:
| 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 |
You'll also be facing significant collateral consequences, such as rising insurance rates and career setbacks.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. 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 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. If you are trying to become an American citizen, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Madera, CA, immigration lawyer. 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 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. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Madera, CA, DUI defense attorney can help you out here, too, and give you a chance to clean your record.
When You're Picking a Madera, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's crucial to pick the right lawyer to defend you. Your team needs the skills, preparation, and contacts to secure a positive outcome for your case. When you speak with Madera, CA, DUI attorneys about your case, ask them about the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, several of our members are former judges, district attorneys, and law enforcement, totalling over 50 years of experience.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our lines are never off, and you can contact us 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We have experience working with the prosecutors in Madera and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.
- Track Record of Success: You want to work with an attorney who has successfully fought DUI charges in the past. We have. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Take On in Madera
Administrative, criminal, or anything else related to DUIs in Madera, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.
Here is a list of the DUI case types 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 Madera, CA
Every DUI case needs a defensive strategy, and our Madera, CA DUI defense lawyers are here to help you find the right one. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, you might be able to secure a dismissal of the charges. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Blood, Breath, and/or Urine 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, push for tests to be redone, 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 you can still challenge them – they are not ironclad proof of guilt. An experienced Madera, CA, DUI attorney will know how to dissect any records and provide additional context for your performance, such as the stress of the situation.
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, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Immediate Help – Speak With Our Madera DUI Defense Lawyers TODAY
After a DUI arrest, you'll hardly get a chance to catch your breath. The police officer takes your license, law enforcement might try to do additional tests, you're informed of a court date…it's easy to be overwhelmed. With everything going on, your best way out is to speak to aMadera, CA, DUI lawyer now.
Don't wait for the prosecution to build a case against you. Don't lose your ability to drive without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Madera, CA DUI charges. We're standing by to answer your call right now and will can fight for your license and your rights right away. Call us now at (800) 755-5174 or tell us about your case online for a confidential case review.
We also provide the following legal services in Madera, CA:
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