DUI Lawyer Tracy. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. If you declined to take an alcohol test, you can face separate charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you shouldn't need to do this without help. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is at your service.
We are California's best DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of accomplished defense attorneys who know how to navigate the Tracy, CA, judicial 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 as soon as possible at (800) 755-5174 or contact us online to start crafting your case's defense today.
Tracy, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but it's still important to know how to handle a traffic stop. Here are four tips from a Tracy, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have the right to remain silent both before and after an arrest. Don't talk without an attorney present.
Tip #3: Don't Automatically Consent to Tests
Participation in field sobriety tests is not required for people over the age of 21 who aren't on probation. This doesn't stop the officer from arresting you, but can decrease your chances of having this happen. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Treat the Officer Respectfully
Resisting the police won't help — it will increase your chances of getting in trouble. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits 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 Tracy?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, 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, probably via field sobriety tests, then arrest you based on how you do.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Tracy, CA, follow this progression:
- Suspension: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're processing this, they are updating your records with the DMV to account for the arrest, officially suspending your license.
- Arraignment: Sometime after arriving at the police station, you will go to court, and a prosecutor will read out the allegations that you are formally being charged with.
- DMV Hearing: As soon as you're released from jail, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Tracy DUI defense attorney will building the framework of your defense and filing motions to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will work directly with the Tracy prosecutor to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be building a defense 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 outcome of your case, you may face a punishment. 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 out, no matter where you are in the process, on both the criminal defense and license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), you can start with a call to our offices!
Tracy DUI Allegations and Criminal Cases vs. DMV Hearings
Tracy, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the administrative case. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and what our attorneys will do for your liberty and driving privileges:
Tracy, 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.
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 present reasonable doubt and dissect the allegations. We'll argue whether the police had the justification needed to pull you over, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and hunt for other evidence that can tell a different story.
If you're facing jail time in Tracy, CA, our attorneys can help you avoid it. For many clients, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Tracy, 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 automatically, and to 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, your license can still be suspended even if you do not receive a criminal conviction. 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 Tracy, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, 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 crucial to contact a Tracy DUI defense attorney promptly after the traffic stop.
Punishments After a DUI Conviction in Tracy, CA
Tracy, CA, DUI criminal penalties are a lot to face – while some are 'just' misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be fighting against, 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 increased insurance premiums and impacts on your employment.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. On the bright side, most first-time DUIs at this time will not result in deportation. The bad news is that if something made this allegation more serious, like an injured bystander, 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 can count against your "good moral character," which you need to establish before becoming a citizen.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Tracy, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs to protect your record, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. Fortunately, if you're in Tracy, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.
When You're Picking a Tracy, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Tracy? It's essential to pick the right lawyer to represent you. Your team needs the abilities, background, and connections to give you opportunities for a positive outcome for your case. When looking for a DUI defense lawyer in Tracy, CA, look for these signs:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, several of our members are former judges, district attorneys, and police, totalling more than 50 years of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our team will leverage our connections with the prosecutors in Tracy 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: You want to work with an attorney who has successfully fought DUI charges in the past. We have. 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 Tracy
Criminal and administrative, whatever type of DUI charges you're fighting in Tracy, CA – all of our DUI defense attorneys are prepared stand by you against the charges.
Below, you can review a list of the DUI allegations we regularly 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 Tracy, CA
Our Tracy, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legitimacy of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With Blood, Breath, and/or Urine 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 look into any issues with how the equipment was stored or used, introduce alternative evidence when possible, 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 normal part of the process when police are evaluating if someone is driving intoxicated or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. 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
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While this is can be difficult to overcome, it's not the end of your case. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Get Rapid Assistance – Talk To Our Tracy DUI Defense Attorneys TODAY
DUI allegations are no joke. After you've been charged, it feels like there's no space to breathe. Your license disappears, you could find yourself in an interrogation room, you're informed of a court date…it's easy to be stressed out. To fight through the allegations, your first step is to speak to aTracy, CA, DUI lawyer 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 hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Tracy, CA DUI charges. We're prepared to start building your defense now and will work on a strategy to defend your license and your freedom now. Call us now at (800) 755-5174 or set up an appointment online for a free consultation.
We also provide the following legal services in Tracy, CA:
Payment Plans
