DUI Lawyer San Luis Obispo. San Luis Obispo DUI charges are very serious. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, 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've been accused of a DUI in San Luis Obispo, CA, you need help from a DUI defense expert. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's leading DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you retain us, you're getting a team of DUI defense experts who know how to operate the San Luis Obispo, CA, justice system and will always be honest with you about the state of your case and the best path forward.
Acting fast is key to protecting your freedom and license. Get a hold of us anytime, day or night, at (800) 755-5174 or tell us about your case online to start preparing your defense today.
San Luis Obispo, 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 San Luis Obispo, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Many sober people will have trouble gathering up these documents under pressure. By following this tip, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections both before and after an arrest. Call your DUI lawyer and stay quiet until they arrive.
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, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Treat the Officer Respectfully
Acting belligerent and uncooperative won't improve your case — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in San Luis Obispo?
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. The police can use other methods to determine whether or not you were safe to drive, typically utilizing field sobriety tests, then arrest you based on that.
If you've been placed under arrest, 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 can begin as soon as you're arrested – you will be given a 30-day, temporary license, and your actual license will be taken. Meanwhile, the police are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: After your arrest and before your release, 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 want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Between your potential release and the trial, your San Luis Obispo DUI defense attorney will building the framework of your defense and filing motions to review the arrest footage, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will bargain with the San Luis Obispo prosecutor to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be preparing now.
- Criminal Trial: Your case probably will not 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 a punishment. 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 provide you with advice on the best way to move forward, on both the criminal defense and driver's license side. No matter where you are in your case, give us a call so that we can help!
San Luis Obispo, CA, DUI Differences: Criminal Cases vs. DMV Hearings
San Luis Obispo, CA, DUI charges are special because of their dual-nature: The criminal case and the license suspension. This will always require two separate defenses, but both cases can be fought by the same DUI defense lawyer.
Here are descriptions of both case categories, and what our attorneys will do for your justice and vehicular rights:
San Luis Obispo, 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 San Luis Obispo, CA, legal system.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we protect your rights and discredit the accusations. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show the events in a more favorable light.
The vast majority of our DUI clients in San Luis Obispo do not receive any jail sentence. Often, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
San Luis Obispo, 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 doesn't wait for your criminal case, and to effectively fight it, you'll need to request an administrative hearing within ten days of being arrested.
At the administrative hearing, you're not facing criminal charges. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the focus of this hearing is whether or not you were lawfully 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 work with a San Luis Obispo, CA, DUI lawyer from our firm, 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'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's critical to contact a San Luis Obispo DUI defense attorney as soon as you can after the traffic stop.
Potential Penalties for a DUI in San Luis Obispo
San Luis Obispo, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be up against, depending on what your charges are:
| 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 San Luis Obispo, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can be devastating. 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 certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will be put on the same level as serious felonies when it comes to immigration consequenceses. For individuals working on the naturalization process, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a San Luis Obispo, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs that will protect you from the harshest outcomes, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll want to get back to life as normal, before the charges. It doesn't take long to realize, though, that 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 San Luis Obispo, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a path to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in San Luis Obispo? It's crucial to pick the right lawyer to defend your innocence. Your team needs the expertise, practice, and ties to offer the best possible outcome for your case. The top San Luis Obispo, 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 handling cases.
- Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
- Relationships: When your lawyer knows the district attorney you're up against, they'll use that to your advantage. Our team will leverage our connections with the prosecutors in San Luis Obispo and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We are proud to be respected amongst our peers 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. And we'd be proud to represent you as well.
DUI Case Types We Fight in San Luis Obispo
Administrative, criminal, or anything else related to DUIs in San Luis Obispo, CA – your DUI defense lawyer from our team prepared to defend you against the charges.
Below, you can review a list of the DUI cases 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 Tactics in San Luis Obispo, CA
Our San Luis Obispo, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing 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.
Show Issues With BAC Tests
Many DUI cases center around a blood-alcohol content test. We will investigate any possible errors that were made when you took the test, 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 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But ultimately, these are judgment calls on the part of the officer. Our attorneys will review the footage and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. We can examine your diet and medical conditions to find alternative explanations.
Don't Wait – Contact Our San Luis Obispo DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, things move pretty fast. Your license is suspended, there could be interrogations, you're assigned a court date…it's easy to be lost. To fight through the allegations, your first step is to contact aSan Luis Obispo, CA, DUI attorney right away.
Don't sit by and watch the evidence mount against you. Don't wait too long and lose your driving privileges. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Luis Obispo, CA DUI charges. We're equipped with the tools to build your case today and will start safeguarding your license and your freedom right away. Get a hold of us now at (800) 755-5174 or set up an appointment online for a confidential case review.
We also provide the following legal services in San Luis Obispo, CA:
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