DUI Lawyer Santee, CA

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DUI Lawyer Santee. If convicted, a DUI can permanently change your life for the worse. You're not just facing the loss of your license; 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 in some cases, refusing can give you even worse penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.

If the Santee, CA, district attorney is coming after you, you need help from a DUI defense expert. Trying to fight against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to defend you.

We are California's premier DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you choose us, you're getting a team of veteran defense attorneys who know how to fight for you in the Santee, CA, justice system and find the best result for your case.

While you're hesitating, the odds are stacking up against you. Talk to a lawyer without delay at (800) 755-5174 or send us a note online to start putting together your defense today.

Santee, CA, DUI Lawyer Traffic Stop Tips:

Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Santee, CA, DUI Lawyer for you that will guide you through your next traffic stop:

Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. But if you don't need to search for them, you stop yourself from appearing inebriated.

Tip #2: If You or the Officer Smells Alcohol, Don't Speak
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. Even just saying "I only had two drinks" can work against you.

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. 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: Be Polite and Don't Argue
Resisting the police won't improve your case — it will make things worse. 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 may help justify an arrest.

What Happens After a DUI Arrest in Santee?

California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, 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 via field sobriety tests, then decide whether or not to arrest you based on your performance.

Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:

1. Suspension: Your license suspension can go into effect at the time of the arrest – right away, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, the police are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
2. Arraignment: Before you are released, you will be brought before a judge, and a prosecutor will give you a formal notice of the charges you're facing.
3. DMV Hearing: Separate from the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
4. Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the meantime, your Santee DUI defense lawyer will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
5. Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will communicate with the Santee district attorney to present you with plea deal offers that could protect your freedom. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
6. Criminal Trial: Most DUI cases won't go to trial, but just in case it does, our team always crafts a trial-ready defense.
7. Sentencing/Sealing: Depending on the outcome of your case, you may face some form of sentence. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.

Our DUI legal experts can help you fight any allegation, on both the criminal defense and DMV side. If you need help today, call now and we'll be happy to assist!

Santee DUI: Fighting Criminal Cases vs. DMV Hearings

Santee, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the driver's case. These are handled separately by the state, but when you hire the right attorney, they can defend you in both cases.

Here are important factors for both case types, and insights into how we protect your freedom and vehicular rights:

Santee, 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.

Your DUI case will typically go through the same process as any other criminal charge – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.

At the Law Offices of David S. Chesley, we defend your freedom and discredit the allegations. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can present an alternate narrative.

The vast majority of our DUI clients in Santee do not receive any jail sentence. Commonly, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.

Santee, 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 goes into effect regardless of where you're at in the criminal process, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.

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 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 us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.

If you waited too long and it's past the deadline to request a hearing, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get another chance to request that hearing. This is why it's critical to contact a Santee DUI defense lawyer as soon as you can after an arrest.

DUI Punishments in Santee

Santee, CA, DUI criminal penalties can leave a mark on your record for life – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.

Below, we've listed the different penalties you could be fighting against, depending on the allegations you're facing:

Beyond any sentence that a judge in Santee, CA, sentences you to, you also need to worry about collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.

DUIs and Immigration

DUI immigration consequences can be incredibly serious. The level of impact often depends on how many prior offenses are on your record. First-time alleged DUIs don't typically 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 can result in removal from the country. If you are currently applying to become a U.S. citizen, even if you aren't deported, it can indefinitely pause your efforts to become a citizen.

These accusations can be intimidating, but they are not the end. Your Santee, CA, immigration lawyer can give you practical advice on what comes next. 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, 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, you're liking looking forward to putting this all behind you. You'll find, 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. Our Santee, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.

Top DUI Defense Attorneys in Santee: What You Need to Know

Defending yourself against a DUI in Santee? It's imperative to pick the right lawyer to defend you. Your team needs the abilities, background, and ties to secure a positive outcome for your case. The top Santee, CA, DUI defense attorneys will have all of the following:

1. Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our team includes former judges, district attorneys, and law enforcement, totalling more than 50 years of experience.
2. Availability: DUI allegations can happen any time, day or night. You can get a hold of us 24/7.
3. Relationships: You need connections to get a good plea deal. We know how to connect with the prosecutors in Santee and all throughout CA.
4. Reputation: Not just with clients and friends, but also amongst their peers. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
5. Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. 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 Defend Against in Santee

It doesn't matter what kind of DUI you're facing in Santee, CA – your DUI defense lawyer from our team prepared stand by you against the charges.

Below, you can review a list of the DUI allegations we commonly defend:

DUI Defense Tactics in Santee, CA

When you work with the Law Offices of David S. Chesley, your Santee, 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.

Contest the Legality 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 is a good option if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.

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. Our team will investigate any possible errors that were made when you took the test, push for tests to be redone, 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 a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. 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
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, we won't give up yet. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.

Get Immediate Help – Speak With Our Santee DUI Defense Attorneys RIGHT AWAY

DUI allegations are no joke. After you've been charged, things move pretty fast. Your license disappears, you could find yourself in an interrogation room, you're informed of a court date…it's easy to feel lost. With everything going on, your best way out is to hire a lawyer now.

Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.

We're experts at defending all Santee, CA DUI charges. We're available to help immediately and will work on a strategy to defend your license and searching for positive outcomes immediately. Call us now at (800) 755-5174 or fill out our contact form online for a free case review.

We also provide the following legal services in Santee, CA:

• Criminal Defense Lawyer