DUI Lawyer Pleasanton. If you're up against a DUI in Pleasanton, it can feel overwhelming. You're not just facing the loss of your license; 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 by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
When you're up against the CA legal system, you don't want to be alone. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's best DUI defense lawyers and have over 50 years of combined courtroom experience. When you hire us, you're getting a team of former prosecutors who know how to fight for you in the Pleasanton, CA, court system and provide paths to positive outcomes.
If you wait too long to build a defense, it could become too late. Get in touch anytime, day or night, at (800) 755-5174 or contact us online to start building your defense today.
Pleasanton, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing how to handle the situation is important for all Pleasanton, CA, residents. Below are four tips from a Pleasanton, 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
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. 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: Be Silent When Alcohol Is Smelled
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 the entirety of your interactions with the law. Even just saying "I only had two drinks" can work against you.
Tip #3: Refuse Voluntary Tests
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. 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
Resisting the police won't improve your case — it will come back to bite you. You should be respectful for more than its own sake, though; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Pleasanton?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably using field sobriety tests, then decide whether or not to arrest you based on how you do.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can go into effect at the time of the arrest – when arrested, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, the police are providing a record of the arrest to the Pleasanton, CA, DMV, officially suspending your license.
- Arraignment: Sometime after arriving at the police station, you will be brought before a judge, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, 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. Between your potential release and the trial, your Pleasanton DUI defense lawyer will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will speak with the Pleasanton district attorney to present you with plea deal offers that could protect your freedom. But if you end up on trial in front of a judge, your attorney should be refining a defense strategy now.
- Criminal Trial: Most DUI cases won't go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case proceeds, you may face consequences. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and administrative side. If you're facing a potential conviction, you can start with a call to our offices!
Defending Against Pleasanton DUIs: Criminal Cases vs. DMV Hearings
Pleasanton, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the driver's 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 some things you need to know about both, and how we fight to protect your liberty and right to drive:
Pleasanton, 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 Pleasanton, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we build your defense and discredit the allegations. We'll argue whether the police had the justification needed to pull you over, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can exonerate you.
With our defense strategies, we are almost always successful at protecting our Pleasanton, CA, clients from jail time. Frequently, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Pleasanton, 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 independent of the criminal case, and to successfully 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, no matter what the court decision was, it won't automatically give you back your license. Instead, this administrative hearing is focused on if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. When you hire us, we'll challenge 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 unsuspended. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's critical to contact a Pleasanton DUI defense attorney promptly after being arrested.
Pleasanton DUI Sentences and Consequences
Pleasanton, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, you could still end up with a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be looking to avoid, depending on the nature of the allegations:
| 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 |
You'll also be facing significant 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. 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 will become grounds for deportation. If you are trying to become an American citizen, 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 Pleasanton, 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 that can protect you from a conviction, fight to keep you in the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. Our Pleasanton, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
Top DUI Defense Attorneys in Pleasanton: What You Need to Know
No matter what DUI allegations you've been charged with, it's important to pick the right lawyer to fight for you. Your team needs the proficiency, experience, and connections to give you opportunities for a positive outcome for your case. The top Pleasanton, CA, DUI defense attorneys will have all of the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police, totalling more than five decades of experience.
- Availability: You should be able to get help fast, whenever you need it. We're available 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We're familiar with the prosecutors in Pleasanton and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades 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 Pleasanton
It doesn't matter what kind of DUI you're facing in Pleasanton, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Below are some of the DUI case types we have experience defending:
- 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 Pleasanton, CA
When you work with the Law Offices of David S. Chesley, your Pleasanton, CA, DUI attorney will draw from years of experience with effective defense strategies. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, we can challenge the evidence, and even the legitimacy of the case itself. 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 BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. 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 look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But ultimately, these are judgment calls on the part of the officer. An experienced Pleasanton, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. This may sound bad, but you do still have viable defense strategies. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Timing is Critical – Contact Our Pleasanton DUI Defense Attorneys TODAY
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. You lose your license, you might be interrogated, you're told you have a court date…it's easy to be lost. With everything going on, your best way out is to call a DUI defense lawyer as soon as possible.
Don't give the state a chance to put you behind bars. Don't let your license go without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Pleasanton, CA DUI charges. We're available to help now and will can fight for your license and searching for positive outcomes today. Get a hold of us now at (800) 755-5174 or let us know what you need online for a confidential case review.
We also provide the following legal services in Pleasanton, CA:
Payment Plans
