DUI Lawyer Richmond. If you're up against a DUI in Richmond, it can feel overwhelming. Besides losing your license, there's a lot at stake; 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 there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
Regardless of whether you're innocent or not, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is available to protect you in Richmond.
We are California's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of experienced, high-quality lawyers who know how to navigate the Richmond, CA, court system and get you the best outcome possible.
While you're hesitating, the odds are stacking up against you. Reach out 24/7 at (800) 755-5174 or send us a note online to start constructing your defense strategy today.
Richmond, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Richmond, 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
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. 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 Fifth Amendment protections during any form of questioning. 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. Refusing won't force the officer to let you go, but on its own, there aren't any penalties for refusing. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Treat the Officer Respectfully
Refusing to cooperate with the police won't improve your case — it will likely be something you regret. You should be respectful for more than its own sake, though; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Richmond?
California DUI Law allows an officer to arrest you even if you BAC is below .08, 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, typically via field sobriety tests, then arrest you based on the results.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension starts right away, when you're arrested – right away, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). In the meantime, they are providing a record of the arrest to the Richmond, CA, DMV, beginning the formal suspension.
- Arraignment: Sometime after arriving at the police station, you will be summoned to a court hearing, and a prosecutor will tell you the exact laws you're charged with 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: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the interim, your Richmond DUI defense expert will file pretrial motions, likely including some to suppress unlawfully collected 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 attorney will speak with the Richmond prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if the case goes to trial, your attorney should be creating a defense now.
- Criminal Trial: Most DUI cases won't go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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 with any step of the legal process, on both the criminal defense and driver's license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), our team has the knowledge to guide you forward!
DUIs in Richmond, CA and Criminal Cases vs. DMV Hearings
Richmond, CA, DUI charges include two separate fights: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are descriptions of both case categories, and insights into how we protect your justice and driving privileges:
Richmond, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we protect your rights and push back against the allegations. We'll challenge the legitimacy of the traffic stop, display flaws in the officer's analysis, 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.
If you're facing jail time in Richmond, CA, our attorneys can help you avoid it. Commonly, we'll contact the district attorney on their behalf and negotiate a charge reduction, 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.
Richmond, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, 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 legitimately 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. These hearings have serious consequences that require an expert Richmond, CA, DUI lawyer to navigate. At the hearing, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's crucial to contact a Richmond DUI defense attorney right away after the arrest.
Punishments After a DUI Conviction in Richmond, CA
Richmond, CA, DUI criminal penalties are a lot to face – 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 nature of the allegations:
| 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 |
Beyond any sentence that a judge in Richmond, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and career setbacks.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. On the bright side, most first-time DUIs at this time will not 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 conviction will qualify an immigrant for deportation. For immigrants seeking citizenship, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
If any of the above situations apply to you, don't panic: Call one of our Richmond, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. However, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Richmond, CA, DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Richmond? It's vital to pick the right lawyer to fight for you. Your team needs the talent, background, and contacts to offer the best possible outcome for your case. Here are the main things to look for in your Richmond, CA, DUI defense lawyer:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and police officers, totalling over 50 years of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. Our team is prepared to help you 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our firm has experience working with the prosecutors in Richmond and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. 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 want you to be our next success story.
DUI Case Types We Fight in Richmond
Whatever DUI charge you're up against in Richmond, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.
Here are some of the DUI allegations 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 Tactics in Richmond, CA
When you work with the Law Offices of David S. Chesley, your Richmond, 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 the arresting officer failed to obey the rules for investigating a DUI, we can argue for your case to be dismissed. This defense is relevant if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Blood, Breath, and/or Urine 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 highlight the ways that these tests can give false readings, introduce alternative evidence when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But ultimately, these are judgment calls on the part of the officer. We will examine the evidence and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. This may sound bad, but 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.
Don't Wait – Speak With Our Richmond DUI Defense Lawyers TODAY
When you're up against Richmond DUI charges, you'll hardly get a chance to catch your breath. Your license disappears, you might be interrogated, you're told you have a court date…it's easy to feel stressed out. Your path forward begins when you contact aRichmond, CA, DUI lawyer as soon as possible.
Don't let the state decide how your case will go. Don't lose your ability to drive without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Richmond, CA DUI charges. We're equipped with the tools to build your case today and will start safeguarding your license and keep you out of jail now. Talk with one of us now at (800) 755-5174 or tell us about your charges online for a confidential consultation.
We also provide the following legal services in Richmond, CA:
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