DUI Lawyer Rancho Cordova. If you're up against a DUI in Rancho Cordova, it can feel overwhelming. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, 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.
If you find yourself in this situation, you need someone in your corner. Trying to stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is at your service.
We are California's top DUI defense lawyers and have over 50 years of combined courtroom experience. When you choose us, you're getting a team of veteran defense attorneys who know how to defend your rights in the Rancho Cordova, CA, legal 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. Talk to a lawyer without delay at (800) 755-5174 or contact us online to start crafting your defense today.
Rancho Cordova, 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 Rancho Cordova, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Keep Your Documents Together
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent both before and after an arrest. Don't talk without an attorney present.
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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. 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
Being rude won't help — it will come back to bite you. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: When you resist or act disrespectfully, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Rancho Cordova?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably utilizing field sobriety tests, then arrest you based on their evaluation of you.
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 Rancho Cordova, CA, follow this progression:
- Suspension: Your license suspension can go into effect at the time of the arrest – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, they are informing the DMV about the arrest, which updates their records to show your license as suspended.
- Arraignment: At some point when you're in jail, you will attend a hearing, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Between your potential release and the trial, your Rancho Cordova DUI defense lawyer will be filing motions, including motions to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will communicate with the Rancho Cordova district attorney to try and secure a favorable deal before a trial. But if it does go to trial, your attorney should be preparing now.
- Criminal Trial: Your case probably will not go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on the outcome of your case, you may face penalties. 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 driver's license side. If you need help today, we have the experience to help you move towards a positive outcome!
DUIs in Rancho Cordova, CA and Criminal Cases vs. DMV Hearings
Rancho Cordova, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the driver's case. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are descriptions of both case categories, and ways we defend your freedom and ability to drive:
Rancho Cordova, 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 Rancho Cordova, CA, legal system.
The general court process is the same as any other criminal case – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we listen to your side of the story and fight against the accusations. We'll question whether or not the traffic stop was legitimate, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can exonerate you.
We have an extremely strong track record of clients who have avoided jail time in Rancho Cordova, CA. In many 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 avoid jail time with a probation sentence.
Rancho Cordova, CA, DUI License Suspension
While your Rancho Cordova criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, the entire DMV hearing is about 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. When you hire us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's critical to contact a Rancho Cordova DUI defense attorney right away after being arrested.
Punishments After a DUI Conviction in Rancho Cordova, CA
Rancho Cordova, CA, DUI criminal penalties can permanently affect your life – while some are 'just' misdemeanors, it's possible to receive 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:
| DUI Criminal 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 more expenses on your insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically 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 conviction will qualify an immigrant for deportation. 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 Rancho Cordova, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs to protect your record, fight to keep you in the country, and guide you through your citizenship application.
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 keeps coming up and getting in your way. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Rancho Cordova, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI allegations you've been charged with, it's key to pick the right lawyer to represent you. Your team needs the proficiency, preparation, and connections to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Rancho Cordova, CA, look for these signs:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, several of our members are former judges, district attorneys, and police officers, totalling more than five decades of experience.
- Availability: DUI allegations can happen any time, day or night. We're available 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our firm has experience working with the prosecutors in Rancho Cordova and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. 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 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. We want you to be our next success story.
DUI Case Types We Defend Against in Rancho Cordova
It doesn't matter what kind of DUI you're facing in Rancho Cordova, CA – our DUI defense team is prepared to battle against the charges.
Below are some of the DUI charges we often 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 Rancho Cordova, CA
If you want to craft an effective defense strategy, our Rancho Cordova, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Arrest
If the police did not follow proper procedure while stopping and examining you, we can argue for your case to be dismissed. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With Blood, Breath, and/or Urine 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, introduce alternative evidence when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will examine the evidence and provide additional context for your performance, such as the stress of the situation.
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. While properly conducted BAC tests are hard to disprove, there are still ways to fight it. 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 – Speak With Our Rancho Cordova DUI Defense Lawyers NOW
If you've been arrested or accused of a DUI in Rancho Cordova, CA, it feels like there's no space to breathe. You can't drive anymore, you could find yourself in an interrogation room, you're told you have a court date…it's easy to feel lost. What you need to do is hire a DUI defense attorney as soon as possible.
Don't give up and let the district attorney win. Don't let your license go without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Rancho Cordova, CA DUI charges. We're available to help right now and will start safeguarding your license and your freedom now. Talk to one of our team members now at (800) 755-5174 or fill out our contact form online for a free consultation.
We also provide the following legal services in Rancho Cordova, CA:
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