DUI Lawyer Pico Rivera. If you're up against a DUI in Pico Rivera, it can feel overwhelming. This isn't just an administrative issue; if you're facing years in prison for a repeat offense, your car is the least of your worries. California law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you find yourself in this situation, you need someone in your corner. 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 prepared to defend your freedom.
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 Pico Rivera, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
If you wait too long to build a defense, it could become too late. Call right away at (800) 755-5174 or send us a note online to start putting together your case's defense today.
Pico Rivera, 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. Here are four tips from a Pico Rivera, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent at all points in the legal process. 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. The officer may not like it, but they can't compel you to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Don't Argue With the Officer
Acting belligerent and uncooperative won't improve your case — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also aids your defense: By acting out or arguing, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in Pico Rivera?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you refuse to be tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely using field sobriety tests, then make arrests 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 can start the minute the officer arrests you – at that time, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). While you're proceeding through the system, they are updating your records with the DMV to account for the arrest, which updates their records to show your license as suspended.
- Arraignment: Sometime after arriving at the police station, you will attend a hearing, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: As soon as you're released from jail, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the interim, your Pico Rivera DUI defense attorney will laying the groundwork of your defense through motions to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will contact the Pico Rivera prosecutor to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your DUI case will 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 consequences. 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 provide you with advice on the best way to move forward, on both the criminal defense and driver's license side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Pico Rivera DUI: Fighting Criminal Cases vs. DMV Hearings
Pico Rivera, CA, DUI charges are special because of their dual-nature: The criminal case and the DMV case. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are important factors for both case types, and what our attorneys will do for your freedom and right to drive:
Pico Rivera, 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 Pico Rivera, CA, legal system.
The general court process is the same as any other criminal case – 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 protect your rights and discredit the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and hunt for other evidence that can tell a different story.
The vast majority of our DUI clients in Pico Rivera 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 work to give you an alternative to jail, in the form of probation.
Pico Rivera, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
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 hearing is to determine if you were rightfully 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. At the Law Offices of David S. Chesley, 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, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's essential to contact a Pico Rivera DUI defense lawyer as soon as you can after the arrest.
DUI Punishments in Pico Rivera
Pico Rivera, CA, DUI criminal penalties are intimidating – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be looking to avoid, depending on the allegations you're facing:
| 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 |
Beyond any sentence that a judge in Pico Rivera, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. On the bright side, most first-time DUIs at this time will not result in deportation. 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 hurts your application process.
These accusations can be intimidating, but they are not the end. Your Pico Rivera, CA, immigration lawyer can give you practical advice on what comes next. 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, defend you against efforts to expel you from the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, it's natural to want to move on and leave this in the past. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our Pico Rivera, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
When You're Picking a Pico Rivera, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Pico Rivera? It's essential to pick the right lawyer to represent you. Your team needs the expertise, practice, and ties to give you opportunities for a positive outcome for your case. When evaluating DUI lawyers in Pico Rivera, CA, you want to judge the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, prosecutors, and police officers, totalling more than five decades of experience handling cases.
- Availability: So that you can get help right away when you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our team will leverage our connections with the prosecutors in Pico Rivera 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 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Take On in Pico Rivera
Whatever DUI charge you're up against in Pico Rivera, CA – our DUI defense lawyers are prepared stand by you against the charges.
Here are some of the DUI charges we frequently 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 Pico Rivera, CA
Whatever type of charge you're facing, our Pico Rivera, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, we can challenge the evidence, and even the legitimacy of the case itself. 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 look into any potential procedural errors, retest in some cases, using a "blood-split" motion, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But these tests are subjective. We will examine the evidence and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. Even though this is harder to fight, there are still ways to fight it. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Get Rapid Assistance – Speak With Our Pico Rivera DUI Defense Lawyers AS SOON AS POSSIBLE
Pico Rivera, CA, DUI accusations are serious. After an arrest, it can feel like you don't even have time to think. You can't drive anymore, there could be interrogations, you're informed of a court date…it's easy to feel overwhelmed. To fight through the allegations, your first step is to get in touch with aPico Rivera, CA, DUI attorney now.
Don't give the state a chance to put you behind bars. Don't lose your ability to drive without a fight. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Pico Rivera, CA DUI charges. We're standing by to answer your call right now and will begin protecting your license and searching for positive outcomes as soon as you call. Talk with one of us now at (800) 755-5174 or fill out our contact form online for a free consultation.
We also provide the following legal services in Pico Rivera, CA:
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