DUI Lawyer Petaluma. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. You can face DUI charges even for just refusing to take the tests, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
Regardless of whether you're innocent or not, you don't want to be alone. Trying to stand up for yourself 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 available to protect you in Petaluma.
We are California's premier 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 former prosecutors who know how to fight for you in the Petaluma, CA, judicial system and get you the best outcome possible.
If you wait too long to build a defense, it could become too late. Reach out today at (800) 755-5174 or tell us about your charges online to start constructing your case's defense today.
Petaluma, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Petaluma, CA, DUI Lawyer for you that will guide you through your next traffic stop:
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. But if you already have them ready, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent during any form of questioning. Trying to explain away the smell of alcohol will probably just get you in more trouble.
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, 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: 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 doesn't just help you get through the traffic stop; it also helps 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 Petaluma?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, often utilizing field sobriety tests, then decide whether or not to arrest you based on your performance.
Right after your arrest, the CA legal system will proceed with both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can go into effect at the time of the arrest – on the spot, you will be given a 30-day, temporary license, and your actual license will be taken. While you're proceeding through the system, the police are ensuring that the arrest is added to your DMV record, which means your license is officially suspended.
- Arraignment: While under arrest, 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 set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Most people accused of DUIs in Petaluma, CA, are able to secure pretrial release, although they'll likely need to pay bail. Between your potential release and the trial, your Petaluma DUI defense attorney will file pretrial motions, likely including some to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will work directly with the Petaluma prosecutor to avoid a trial with a plea deal that protects you. But if the case goes to trial, your attorney should be crafting a strategy now.
- Criminal Trial: It's rare that a DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case turns out, you may face consequences. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), give us a call so that we can help!
Petaluma, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Petaluma, CA, DUI charges include two separate fights: The criminal case and the DMV case. This will always require two separate defenses, but when you hire the right attorney, they can defend you in both cases.
Here are important factors for both case types, and insights into how we protect your justice and driving privileges:
Petaluma, 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 – 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 listen to your side of the story and fight against the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and look for evidence that can show you are not guilty.
If you're facing jail time in Petaluma, CA, our attorneys can help you avoid it. For several 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.
Petaluma, CA, DUI License Suspension
While your Petaluma criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the entire DMV hearing is about whether or not you were legitimately 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 hire us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, the suspension is probably hear to stay. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's essential to contact a Petaluma DUI defense lawyer promptly after an arrest.
Potential Penalties for a DUI in Petaluma
Petaluma, CA, DUI criminal penalties are a lot to face – while many are considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed 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 |
In addition to any criminal sentence in Petaluma, CA, you're also facing collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 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. For individuals working on the naturalization process, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
These accusations can be intimidating, but they are not the end. Your Petaluma, CA, immigration lawyer can give you practical advice on what comes next. 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 offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Petaluma, CA, our DUI lawyers will also fight to protect you in this way, and give you a way to clean your record.
Important Qualities You Need in a Petaluma, CA DUI Attorney
Up against DUI charges? It's crucial to pick the right lawyer to take your case. Your team needs the talent, history, and ties to give you opportunities for a positive outcome for your case. When you speak with Petaluma, CA, DUI attorneys about your case, ask them about the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police, totalling more than five decades of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can speak with one of our team members 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Petaluma 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: 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 Take On in Petaluma
It doesn't matter what kind of DUI you're facing in Petaluma, CA – our DUI defense attorneys are prepared help you navigate the charges.
Here are some of the DUI allegations 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 Petaluma, CA
Our Petaluma, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legitimacy of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can argue for your case to be dismissed. This defense is a good option if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in Chemical 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 investigate whether or not the procedure was followed when administering the tests, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.
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 look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. This may sound bad, but our lawyers have more defense strategies we can pull from. We can examine your diet and medical conditions to find alternative explanations.
Timing is Critical – Talk To Our Petaluma DUI Defense Lawyers TODAY
If you've been arrested or accused of a DUI in Petaluma, CA, it can feel like you don't even have time to think. Your license disappears, you could find yourself in an interrogation room, you're given a court date…it's easy to be overwhelmed. What you need to do is speak to aPetaluma, CA, DUI lawyer now.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. 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 Petaluma, CA DUI charges. We're prepared to start building your defense right now and will start safeguarding your license and your liberty now. Get a hold of us now at (800) 755-5174 or tell us about your charges online for a no strings attached case review.
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