DUI Lawyer Vacaville. If you're up against a DUI in Vacaville, it can feel overwhelming. Your ability to drive isn't the only thing at risk; you're up against thousand dollar fines, years in jail, and more. Declining a breathalyzer or blood test on its own can result in 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.
If you've been accused of a DUI in Vacaville, CA, you should consult with an expert to find your best path forward. Trying to fight 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 ready to defend you.
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 experienced, high-quality lawyers who know how to protect you in the Vacaville, CA, court system and provide paths to positive outcomes.
Don't wait and let your chance slip away. Reach out anytime, day or night, at (800) 755-5174 or contact us online to start preparing your case's defense today.
Vacaville, 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 Vacaville, CA, DUI Lawyer for you which can protect you from arrests and charges:
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. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. By keeping these documents on hand, 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 the right to remain silent both before and after an arrest. Trying to explain away the smell of alcohol will probably just get you in more trouble.
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. 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: Don't Argue With the Officer
Acting belligerent and uncooperative won't improve your case — it will make things worse. This doesn't just help you get through the traffic stop; it also benefits your defense: By acting out or arguing, 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 Vacaville?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, 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, likely with field sobriety tests, then make judgements based on how you do.
Once this happens, 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 go into effect at the time of the arrest – when arrested, 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, officially suspending your license.
- Arraignment: Sometime after arriving at the police station, you will go to court, and a prosecutor will list out the laws you're accused of breaking.
- DMV Hearing: Independant of the criminal charge process, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Most people accused of DUIs in Vacaville, CA, are able to secure pretrial release, although they'll likely need to pay bail. In the interim, your Vacaville DUI defense lawyer will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will bargain with the Vacaville prosecutor to try and secure a favorable deal before a trial. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
- Criminal Trial: Your case probably will not go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how you plea or are found, you may face some form of sentence. 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 provide guidance for any charge, on both the criminal defense and administrative side. Whatever stage in the process you're at, call now and we'll be happy to assist!
Defending Against Vacaville DUIs: Criminal Cases vs. DMV Hearings
Vacaville, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided 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 important factors for both case types, and what our attorneys will do for your freedom and driving privileges:
Vacaville, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Criminal cases, including DUIs, all follow the same basic process – 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 push back against the accusations. We'll argue whether the police had the justification needed to pull you over, demonstrate any present errors in the police officer's judgement, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Vacaville, CA. Commonly, 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 search for a deal that protects your freedom and avoids any jail sentence.
Vacaville, 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 if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
The criminal charges are not always relevant in 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 hearing is to determine if you were rightfully 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 work with a Vacaville, CA, DUI lawyer from our firm, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, the suspension is probably hear to stay. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's critical to contact a Vacaville DUI defense attorney as soon as you can after being arrested.
Potential Penalties for a DUI in Vacaville
Vacaville, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be fighting against, depending on the allegations you're facing:
| Formal DUI 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 Vacaville, CA, sentences you to, you also need to worry about collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. 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 can result in removal from the country. For immigrants seeking citizenship, even if you aren't deported, it can count against your "good moral character," which you need to establish before becoming a citizen.
These accusations can be intimidating, but they are not the end. Your Vacaville, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll want to get back to life as normal, before the charges. You'll find, though, that 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. A Vacaville, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
Important Qualities You Need in a Vacaville, CA DUI Attorney
Up against DUI charges? It's important to pick the right lawyer to represent you. Your team needs the skills, experience, and ties to provide the optimal outcome for your case. Here are the main things to look for in your Vacaville, CA, DUI defense lawyer:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and police, totalling more than five decades of experience handling cases.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can speak with one of our team members 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Vacaville and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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're ready to add you to our list of success stories.
DUI Case Types We Take On in Vacaville
Whatever DUI charge you're up against in Vacaville, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Below, you can review a list of the DUI charges we can provide defenses for:
- 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 Vacaville, CA
Every DUI case needs a defensive strategy, and our Vacaville, 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 Legality of the Arrest
If the police did not follow proper procedure while stopping and examining you, your case could be thrown out on legal grounds. This defense is effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
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. Our team will investigate whether or not the procedure was followed when administering the tests, re-examine the evidence to look for alternate explanations, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. Your local DUI lawyer will inspect any records of the test and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer 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. 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.
Don't Wait – Call Our Vacaville DUI Defense Attorneys RIGHT AWAY
After a DUI arrest, it can feel like you barely have a chance to think. Your license disappears, you might be interrogated, you're given a court date…it's easy to feel like there's no way forward. And that's why it's all the more important to contact a DUI defense lawyer immediately.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Vacaville, CA DUI charges. We're prepared to start building your defense immediately and will start protecting your driving privileges and your freedom today. Get a hold of us now at (800) 755-5174 or let us know what you need online for a confidential consultation.
We also provide the following legal services in Vacaville, CA:
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