DUI Lawyer Modesto. If convicted, a DUI can permanently change your life for the worse. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and the consequences you face might be even worse than a DUI conviction. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you're facing these types of charges in CA, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is at your service.
We are California's premier DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you retain us, you're getting a team of former prosecutors who know how to defend your rights in the Modesto, CA, court system and will always be honest with you about the state of your case and the best path forward.
Take too long to start your defense, and you could miss your chance. Get a hold of us anytime, day or night, at (800) 755-5174 or tell us how we can help online to start constructing your defense strategy today.
Modesto, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Modesto, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. 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 following this tip, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent during the entirety of your interactions with the law. 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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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: Respect the Law Enforcement Officer
Acting belligerent and uncooperative won't improve your case — it will make things worse. This isn't just something you're doing out of courtesy, though; it also aids your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Modesto?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably utilizing 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. Most DUI cases in Modesto, CA, follow this progression:
- Suspension: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, they are informing the DMV about the arrest, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: Independant of the criminal charge process, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. While you're waiting for the trial, your Modesto DUI defense lawyer will building the framework of your defense and filing motions to throw out illegal evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Modesto prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if that doesn't work, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how you plea or are found, 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 help you with any step of the legal process, on both the criminal defense and administrative side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), we have the experience to help you move towards a positive outcome!
Modesto DUI Allegations and Criminal Cases vs. DMV Hearings
Modesto, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the DMV case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are important factors for both case types, and our process for defending your justice and license:
Modesto, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Modesto, CA, legal system.
The general court process is the same as any other criminal case – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we present reasonable doubt and fight against the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can show the events in a more favorable light.
The vast majority of our DUI clients in Modesto do not receive any jail sentence. For several cases, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Modesto, CA, DUI License Suspension
While your Modesto criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, you can lose your license regardless of the outcome of the criminal case. 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 BAC tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get an extra chance to arrange for that hearing. This is why it's critical to contact a Modesto DUI defense lawyer without delay after the arrest.
Potential Penalties for a DUI in Modesto
Modesto, CA, DUI criminal penalties are a lot to face – even for the ones considered 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 facing, 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 |
Beyond the Modesto, CA legal sentence collateral consequences, such as more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences are very serious. If this is your first DUI, the good news is that you will likely be able to stay in the country. 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 will hurt your application chances, especially for repeat or aggravated offenses.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Modesto, 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 and plea deals that can keep a DUI off your record, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you're liking looking forward to putting this all behind you. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Fortunately, if you're in Modesto, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
When You're Picking a Modesto, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's imperative to pick the right lawyer to represent you. Your team needs the skills, preparation, and connections to offer the best possible outcome for your case. When evaluating DUI lawyers in Modesto, CA, you want to judge the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police officers, totalling more than 50 years of experience.
- Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We have experience working with the prosecutors in Modesto and all throughout CA.
- Reputation: Both in the community and in the legal sphere. 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 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. We're ready to add you to our list of success stories.
DUI Case Types We Defend in Modesto
Whatever DUI charge you're up against in Modesto, CA – your DUI defense lawyer from our team prepared to defend you against the charges.
Below are some of the DUI charges 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 Modesto, CA
Our Modesto, 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, your case could be thrown out on legal grounds. This defense could be used 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 Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. We will investigate whether or not the procedure was followed when administering the tests, push for tests to be redone, 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 'walk-and-turn,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. 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
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, we won't give up yet. We can examine your diet and medical conditions to find alternative explanations.
Get Rapid Assistance – Call Our Modesto DUI Defense Attorneys NOW
After a DUI arrest, it feels like there's no space to breathe. You lose your license, you could find yourself in an interrogation room, you're assigned a court date…it's easy to feel out of control. And that's why it's all the more important to get in touch with a lawyer as soon as possible.
Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Modesto, CA DUI charges. We're equipped with the tools to build your case today and will start safeguarding your license and your rights right away. Talk to one of our team members now at (800) 755-5174 or let us know what you need online for a no strings attached consultation.
We also provide the following legal services in Modesto, CA:
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