DUI Lawyer Santa Monica. The consequences of a DUI can be devastating. You're not just facing the loss of your license; depending on your history, you could go to prison. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and in some cases, refusing can give you even worse penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If the Santa Monica, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to defeat the allegations is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Santa Monica, CA.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of experienced, high-quality lawyers who know how to navigate the Santa Monica, CA, legal system and will always be honest with you about the state of your case and the best path forward.
Take too long to start your defense, and you could miss your chance. 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.
Santa Monica, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing how to handle the situation is important for all Santa Monica, CA, residents. Here are four tips from a Santa Monica, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you don't need to search for them, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.
Tip #3: Don't Automatically Consent to Tests
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. The officer may not like it, but they can't compel you 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: Be Polite and Don't Argue
Refusing to cooperate with the police 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: If you try to talk back or argue with the officer, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Santa Monica?
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. Police officers can do this because they when they rely on other methods to tell if you are impaired, often using field sobriety tests, then make judgements based on how you do.
As soon as you're arrested, the CA legal system starts moving towards 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 your permanent license will be confiscated by the officer. While you're proceeding through the system, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: At some point when you're in jail, you will attend a 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 want to set up a DMV hearing within 10 days to protect your license.
- 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 Santa Monica DUI defense attorney will laying the groundwork of your defense through motions to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will work directly with the Santa Monica prosecutor to avoid a trial with a plea deal that protects you. But if that doesn't work, your attorney should be refining a defense strategy now.
- Criminal Trial: Your case probably will not go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on the outcome of your case, you may face penalties. 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 help you out, no matter where you are in the process, on both the criminal defense and license side. If you need help today, give us a call so that we can help!
Santa Monica DUI: Fighting Criminal Cases vs. DMV Hearings
Santa Monica, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are important factors for both case types, and our process for defending your liberty and vehicular rights:
Santa Monica, 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 Santa Monica, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – 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 craft a staunch defense and dissect the charges. We'll examine the lawfulness of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can show the events in a more favorable light.
The vast majority of our DUI clients in Santa Monica do not receive any jail sentence. In many cases, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Santa Monica, CA, DUI License Suspension
While your Santa Monica criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the focus of this hearing is whether or not you were legitimately 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 hire us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's critical to contact a Santa Monica DUI defense attorney as soon as you can after the arrest.
Santa Monica DUI Sentences and Consequences
Santa Monica, CA, DUI criminal penalties are intimidating – even though some are 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 the allegations you're facing:
| Alleged DUI Offense | 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 Santa Monica court, you have to endure several collateral consequences, such as rising insurance rates and roadblocks when applying for 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 you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI can result in removal from the country. For individuals working on the naturalization process, even if you aren't deported, it hurts your application process.
If any of the above situations apply to you, don't panic: Call one of our Santa Monica, 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 to keep you in the country, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. It doesn't take long to realize, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Our Santa Monica, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
When You're Picking a Santa Monica, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in Santa Monica? It is vital to pick the right lawyer to represent you. Your team needs the skills, experience, and connections to find the best outcome for your case. When you speak with Santa Monica, CA, DUI attorneys about your case, ask them about the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you will work with a team of attorneys including former judges, prosecutors, and law enforcement, totalling over 50 years of experience handling cases.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. 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 Santa Monica and all throughout CA.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators 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 want you to be our next success story.
DUI Case Types We Fight in Santa Monica
Administrative, criminal, or anything else related to DUIs in Santa Monica, CA – our DUI defense team is prepared to battle against the charges.
This is a list of the DUI charges 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 Strategies in Santa Monica, CA
When you work with the Law Offices of David S. Chesley, your Santa Monica, CA, DUI attorney will draw from years of experience with effective defense strategies. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, we can challenge the evidence, and even the legitimacy of the case itself. 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 Chemical 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. We will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, 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 often used by officers to evaluate whether someone is impaired or not. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records 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 .08 or higher. While this is can be difficult to overcome, it's not the end of your case. 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.
Don't Wait – Talk To Our Santa Monica DUI Defense Lawyers RIGHT AWAY
After a DUI arrest, you'll hardly get a chance to catch your breath. The police officer takes your license, a law enforcement official might be asking you hard questions, you're assigned a court date…it's easy to be out of control. With everything going on, your best way out is to speak to aSanta Monica, CA, DUI attorney as soon as possible.
Don't sit by and watch the evidence mount 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 represent you.
We're experts at defending all Santa Monica, CA DUI charges. We're standing by to answer your call right now and will work on a strategy to defend your license and your rights right away. Talk to one of our team members now at (800) 755-5174 or set up an appointment online for a confidential consultation.
We also provide the following legal services in Santa Monica, CA:
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