DUI Lawyer San Bruno. If you're up against a DUI in San Bruno, it can feel overwhelming. You're being accused of a crime; if you're facing years in prison for a repeat offense, your car is the least of your worries. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you're facing these types of charges in CA, you need someone in your corner. Trying to navigate the laws and the courts is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is here to defend you.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of former prosecutors who know how to operate the San Bruno, CA, justice system and get you the best outcome possible.
While you're hesitating, the odds are stacking up against you. Reach out anytime, day or night, at (800) 755-5174 or tell us how we can help online to start constructing your defense strategy today.
San Bruno, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a San Bruno, CA, DUI Lawyer for you which can protect you from arrests and charges:
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. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
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. If you haven't been arrested, you can decline to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Don't Argue With the Officer
Being rude won't help — it will make things worse. This is about more than just avoiding an arrest in the short term; it also benefits your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in San Bruno?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you aren't tested at all. The police can use other methods to determine whether or not you were safe to drive, typically through field sobriety tests, then make judgements based on your performance.
Once you've been arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension starts right away, when you're arrested – right away, you will be given a 30-day, temporary license, and the police will take away your existing license. While you're processing this, the police are contacting the DMV about your DUI arrest, beginning the formal suspension.
- Arraignment: While under arrest, you will go to court, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Independant of the criminal charge process, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. While you're waiting for the trial, your San Bruno DUI defense lawyer will be filing motions, including motions to suppress evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will speak with the San Bruno prosecutor to present you with plea deal offers that could protect your freedom. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Most DUI cases won't go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face some form of sentence. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and administrative side. No matter where you are in your case, our team has the knowledge to guide you forward!
San Bruno DUI Allegations and Criminal Cases vs. DMV Hearings
San Bruno, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the DMV case. These will never be handled in the same hearing, but a skilled DUI defense attorney will help you with both.
Here are important factors for both case types, and insights into how we protect your freedom and vehicular rights:
San Bruno, 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 – 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 defend your freedom and push back against the charges. We'll deconstruct the traffic stop, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in San Bruno, CA. Frequently, 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 search for a deal that protects your freedom and avoids any jail sentence.
San Bruno, 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, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the hearing is to determine if you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, whether or not you were properly informed of the consequences. When you hire us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's essential to contact a San Bruno DUI defense lawyer immediately after an arrest.
Sentence You Could Face for a DUI in San Bruno, CA
San Bruno, CA, DUI criminal penalties are intimidating – though you could 'only' be facing 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 the circumstances of the alleged offense:
| 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 |
In addition to any criminal sentence in San Bruno, CA, you're also facing collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. 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 immigrants seeking citizenship, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a San Bruno, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs with alternatives to criminal sentencing, fight to keep you in the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll want to get back to life as normal, before the charges. However, 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. Our San Bruno, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
Important Qualities You Need in a San Bruno, CA DUI Attorney
Defending yourself against a DUI in San Bruno? It's crucial to pick the right lawyer to take your case. Your team needs the abilities, background, and connections to give you opportunities for a positive outcome for your case. The top San Bruno, CA, DUI defense attorneys will have all of the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and law enforcement, totalling more than five decades of experience.
- Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We know how to connect with the prosecutors in San Bruno and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
- Track Record of Success: At the end of the day, results matter. And our results are great. 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 Defend in San Bruno
Whatever type of DUI charge you need help with in San Bruno, CA – our DUI defense team is prepared to defend you against the charges.
Below, you can review a list of the DUI charges we commonly 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 San Bruno, CA
Whatever type of charge you're facing, our San Bruno, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, you might be able to secure a dismissal of the charges. This defense could be used if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Chemical Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. We will highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and advocate for you during the discovery process to identify flaws in the state's evidence.
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 these tests are subjective. Your local DUI lawyer will inspect any records of the test and provide additional context for your performance, such as the stress of the situation.
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. Even though this is harder to fight, our lawyers have more defense strategies we can pull from. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Get Rapid Assistance – Contact Our San Bruno DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in San Bruno, CA, it can feel like you barely have a chance to think. The police officer takes your license, you could find yourself in an interrogation room, you're informed of a court date…it's easy to feel overwhelmed. Your path forward begins when you call an attorney immediately.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all San Bruno, CA DUI charges. We're standing by to answer your call fast and will begin protecting your license and your freedom right away. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a free, confidential case review.
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