DUI Lawyer Redding. The consequences of a DUI can be devastating. This isn't just an administrative issue; you're up against thousand dollar fines, years in jail, and more. If you declined to take an alcohol test, you can face separate charges, and by declining, you could face even harsher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
When you're up against the CA legal system, 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 prepared to defend your freedom.
We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you choose us, you're getting a team of legal experts who know how to operate the Redding, CA, judicial system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Get a hold of us anytime, day or night, at (800) 755-5174 or send us a note online to start crafting your defense strategy today.
Redding, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Redding, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By following this tip, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have the right to remain silent both before and after an arrest. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Automatically Consent to Tests
In California, field sobriety tests are voluntary unless you are under the age of 21 or 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, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Treat the Officer Respectfully
Acting belligerent and uncooperative won't help — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also helps 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 Redding?
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. Police officers can do this because they when they rely on other methods to tell if you are impaired, generally through field sobriety tests, then make arrests based on that.
As soon as you're arrested, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: Your license suspension can begin as soon as you're arrested – right away, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, the police are informing the DMV about the arrest, which updates their records to show your license as suspended.
- Arraignment: Before you are released, you will go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Independant of the criminal charge process, 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: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Redding DUI defense attorney will file pretrial motions, likely including some to suppress evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Redding district attorney to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges 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 how your case proceeds, you may face penalties. 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 fight any allegation, on both the criminal defense and license side. If you're facing a potential conviction, our team has the knowledge to guide you forward!
Redding, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Redding, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.
Here are the key things to be aware of for each, and ways we defend your freedom and right to drive:
Redding, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
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 defend your freedom and discredit the supposed wrongdoing. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can show the events in a more favorable light.
With our defense strategies, we are almost always successful at protecting our Redding, CA, clients from jail time. 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 work out probation over jail or prison time.
Redding, 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 automatically, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the outcome of the DMV hearing hinges on whether or not you were rightfully 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 us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you're out of luck. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's vital to contact a Redding DUI defense lawyer immediately after the arrest.
Sentence You Could Face for a DUI in Redding, CA
Redding, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be up against, depending on how exactly your charged and your history:
| 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 |
On top of whatever sentence you receive in Redding court, you have to endure several collateral consequences, such as elevated insurance costs and potential punitive actions from professional licensing organizations.
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 you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. For individuals working on the naturalization process, even if you aren't deported, it hurts your application process.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Redding, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that will protect you from the harshest outcomes, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. You'll find, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Redding, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
When You're Picking a Redding, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in Redding? It is essential to pick the right lawyer to fight for you. Your team needs the skills, background, and relationships to offer the best possible outcome for your case. Here are the main things to look for in your Redding, CA, DUI defense lawyer:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling more than 50 years of experience with the law.
- Availability: So that you can get help right away when you need it. Our offices are always available if you need to talk 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. We're familiar with the prosecutors in Redding and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We're proud to have received numerous accolades 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. We're ready to add you to our list of success stories.
DUI Case Types We Take On in Redding
It doesn't matter what kind of DUI you're facing in Redding, CA – our DUI defense attorneys are prepared stand by you against the charges.
Below are some of the DUI charges we typically 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 Redding, CA
Whatever type of charge you're facing, our Redding, CA, DUI attorneys can help you fight it. 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 Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can challenge the evidence, and even the legitimacy of the case itself. This defense is effective if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in BAC Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will investigate whether or not the procedure was followed when administering the tests, retest in some cases, using a "blood-split" motion, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. While this is can be difficult to overcome, you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Call Our Redding DUI Defense Lawyers NOW
After a DUI arrest, it feels like there's no space to breathe. The police officer takes your license, there could be interrogations, you're told you have a court date…it's easy to feel overwhelmed. Your path forward begins when you contact aRedding, CA, DUI attorney right away.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Redding, CA DUI charges. We're equipped with the tools to build your case immediately and will begin protecting your license and searching for positive outcomes as soon as you call. Get a hold of us now at (800) 755-5174 or tell us about your case online for a no strings attached consultation.
We also provide the following legal services in Redding, CA:
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