DUI Lawyer Napa. If you're up against a DUI in Napa, it can feel overwhelming. Your ability to drive isn't the only thing at risk; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If the Napa, CA, district attorney is coming after you, you need help from a DUI defense expert. Trying to defeat the allegations is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of veteran defense attorneys who know how to protect you in the Napa, CA, court system and find the best result for your case.
If you want to build an effective defense, you need to act now. Call right away at (800) 755-5174 or send us a note online to start crafting your case's defense today.
Napa, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Napa, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Be Prepared With Your Documents
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. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during any form of questioning. Even just saying "I only had two drinks" can work against you.
Tip #3: Refuse Voluntary 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: Don't Argue With the Officer
Refusing to cooperate with the police won't improve your case — it can end up making your case harder to defend. This isn't just something you're doing out of courtesy, though; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Napa?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, generally with field sobriety tests, then make arrests based on how you do.
Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – when arrested, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're processing this, the police are informing the DMV about the arrest, which means your license is officially suspended.
- Arraignment: After your arrest and before your release, you will be summoned to a court hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- 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: You'll likely be given bail or released on your own recognizance. While you're waiting for the trial, your Napa DUI defense lawyer will building the framework of your defense and filing motions to review the arrest footage, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will negotiate with the Napa prosecutor to avoid a trial with a plea deal that protects you. But if you end up on trial in front of a judge, your attorney should be refining a defense strategy now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. 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 out, no matter where you are in the process, on both the criminal defense and DMV side. For advice on any stage with your charges, our team has the knowledge to guide you forward!
Defending Against Napa DUIs: Criminal Cases vs. DMV Hearings
Napa, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. These are handled separately by the state, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and what our attorneys will do for your freedom and vehicular rights:
Napa, 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 – 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 push back against the charges. We'll deconstruct the traffic stop, argue against he officer's observations, look for faults in laboratory examinations, and search for other witnesses or evidence that can tell a different story.
The vast majority of our DUI clients in Napa do not receive any jail sentence. Often, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
Napa, 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 is automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the hearing is to determine if you were legitimately 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. When you work with a Napa, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's important to contact a Napa DUI defense attorney as soon as you can after being arrested.
Potential Penalties for a DUI in Napa
Napa, CA, DUI criminal penalties can leave a mark on your record for life – while some are 'just' misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be fighting against, 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 elevated insurance costs and impacts on your employment.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. The good news is that, currently, a first-time DUI is generally not grounds for removal. 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 conviction will qualify an immigrant for deportation. For individuals working on the naturalization process, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
If any of the above situations apply to you, don't panic: Call one of our Napa, CA, immigration lawyers to get immediate help. 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 with alternatives to criminal sentencing, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. You'll find, though, 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 Napa, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
Important Qualities You Need in a Napa, CA DUI Attorney
Defending yourself against a DUI in Napa? It's important to pick the right lawyer to represent you. Your team needs the abilities, history, and ties to secure a positive outcome for your case. When you speak with Napa, CA, DUI attorneys about your case, ask them about the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling more than five decades of experience with the law.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our team is prepared to help you 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We know how to connect with the prosecutors in Napa and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Defend in Napa
It doesn't matter what kind of DUI you're facing in Napa, CA – our DUI defense attorneys are prepared help you navigate the charges.
Below are some of the DUI cases we regularly 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 Tactics in Napa, CA
Our Napa, 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 Traffic Stop
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 effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With BAC Tests
Many DUI cases center around a blood-alcohol content test. We will investigate any possible errors that were made when you took the test, re-examine the evidence to look for alternate explanations, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will audit the test records 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. We can examine your diet and medical conditions to find alternative explanations.
Get Immediate Help – Call Our Napa DUI Defense Lawyers NOW
After a DUI arrest, it can feel like you don't even have time to think. You lose your license, law enforcement might try to do additional tests, you're told you have a court date…it's easy to be overwhelmed. To fight through the allegations, your first step is to get in touch with a DUI defense attorney as soon as possible.
Don't give the state a chance to put you behind bars. 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 Napa, CA DUI charges. We're available to help right now and will begin protecting your license and searching for positive outcomes immediately. Talk with one of 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 Napa, CA:
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