DUI Lawyer San Pedro. If convicted, a DUI can permanently change your life for the worse. You're being accused of a crime; criminal charges can result in prison, fines, and additional harsh penalties. If you declined to take an alcohol test, you can face separate charges, and the consequences you face might be even worse than a DUI conviction. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you've been accused of a DUI in San Pedro, CA, you need someone in your corner. Trying to stand up for yourself against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is at your service.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you choose us, you're getting a team of former prosecutors who know how to fight for you in the San Pedro, 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. Reach out right away at (800) 755-5174 or send us a note online to start building your defense strategy today.
San Pedro, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being 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 Pedro, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you already have them ready, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. 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
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. If you haven't been arrested, you can decline to participate. However, this isn't the case for every test; if you're already in custody and are asked to perform a breath or blood based test, California law does require you to participate.
Tip #4: Respect the Law Enforcement Officer
Arguing with the officer won't improve your case — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; 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 San Pedro?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably with field sobriety tests, then make arrests based on how you do.
Right after your 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 can start the minute the officer arrests you – on the spot, you will be given a 30-day, temporary license, and your actual license will be taken. While you're processing this, they are providing a record of the arrest to the San Pedro, CA, DMV, which means your license is officially suspended.
- Arraignment: Sometime after arriving at the police station, you will attend a hearing, and a prosecutor will inform you of the charges against you.
- DMV Hearing: While all of the criminal proceedings are going on, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Most people accused of DUIs in San Pedro, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your San Pedro DUI defense expert will laying the groundwork of your defense through motions to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will contact the San Pedro district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if it does go to trial, your attorney should be crafting a strategy 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 turns out, you may face sanctions. 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 out, no matter where you are in the process, on both the criminal defense and administrative side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), give us a call so that we can help!
San Pedro, CA, DUI Differences: Criminal Cases vs. DMV Hearings
San Pedro, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are things to watch out for with both cases, and our process for defending your freedom and license:
San Pedro, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to San Pedro, CA, court.
Criminal cases, including DUIs, all follow the same basic process – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we build your defense and push back against the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can exonerate you.
If you're facing jail time in San Pedro, CA, our attorneys can help you avoid it. For many clients, 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 work out probation over jail or prison time.
San Pedro, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension doesn't wait for your criminal case, 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, 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 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 San Pedro, CA, DUI lawyer to navigate. At the hearing, we'll challenge 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 options. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's essential to contact a San Pedro DUI defense lawyer immediately after being arrested.
Punishments After a DUI Conviction in San Pedro, CA
San Pedro, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed 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 |
You'll also be facing significant collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. 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 conviction will qualify an immigrant for deportation. If you are trying to become an American citizen, even if you aren't deported, it can set your efforts back by several years.
If any of the above situations apply to you, don't panic: Call one of our San Pedro, 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 that can protect you from a conviction, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. It doesn't take long to realize, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. A San Pedro, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in San Pedro: What You Need to Know
No matter what DUI allegations you've been charged with, it's crucial to pick the right lawyer to take your case. Your team needs the skills, preparation, and contacts to find the best outcome for your case. Here are the main things to look for in your San Pedro, CA, DUI defense lawyer:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and law enforcement, totalling more than five decades 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: Relationships are key in negotiating strong plea bargains. Our team will leverage our connections with the prosecutors in San Pedro 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: You don't want to trust your case to someone who doesn't know how to win it. Our attorneys do. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Take On in San Pedro
Whatever type of DUI charge you need help with in San Pedro, CA – your DUI defense lawyer from our team prepared to battle against the charges.
This is a list of the DUI case types 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 Tactics in San Pedro, CA
Every DUI case needs a defensive strategy, and our San Pedro, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, then the evidence arising from that traffic stop could be invalid. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in BAC 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 when possible, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a widely-recognized way of evaluating somebody's level of impairment. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will examine the evidence and provide alternate explanations for your performance.
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 .08 or higher. Even though this is harder to fight, 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 Pedro DUI Defense Attorneys AS SOON AS POSSIBLE
When you're up against San Pedro DUI charges, things move pretty fast. Your license is suspended, you might be interrogated, you get a court date…it's easy to feel like there's no way forward. With everything going on, your best way out is to contact an attorney right away.
Don't give up and let the district attorney win. Don't lose your license because you missed the DMV hearing window. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all San Pedro, CA DUI charges. We're equipped with the tools to build your case immediately and will start protecting your driving privileges and your rights as soon as you call. Get a hold of us now at (800) 755-5174 or get in touch online for a free, confidential consultation.
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