DUI Lawyer Van Nuys. If you're up against a DUI in Van Nuys, it can feel overwhelming. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you've been accused of a DUI in Van Nuys, CA, 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 just a call away in Van Nuys, CA.
We are California's best DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you choose us, you're getting a team of accomplished defense attorneys who know how to navigate the Van Nuys, CA, legal system and will always be honest with you about the state of your case and the best path forward.
If you want to build an effective defense, you need to act now. Call today at (800) 755-5174 or tell us how we can help online to start building your defense today.
Van Nuys, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but it's still important to know how to handle a traffic stop. Below are four tips from a Van Nuys, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. But if you already have them ready, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during any form of questioning. 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. You can still be arrested if the officer believes you've broken the law, but you're giving them less evidence this way. However, California does require individuals to participate in in blood and breath tests after they've been arrested, and refusing in these circumstances will lead to an automatic license suspension.
Tip #4: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it will likely be something you regret. You should be respectful for more than its own sake, though; it also aids your defense: By acting out or arguing, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Van Nuys?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, likely using field sobriety tests, then make arrests based on that.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Van Nuys, CA, follow this progression:
- 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 you will lose your regular license (at least for now). While you're proceeding through the system, they are updating your records with the DMV to account for the arrest, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will attend a hearing, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Even though you might feel overwhelmed by the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Between your potential release and the trial, your Van Nuys DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will work directly with the Van Nuys district attorney to find a plea deal that minimizes penalties for you. But if it does go to trial, your attorney should be creating a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how your case turns out, you may face a punishment. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and license side. If you're facing a potential conviction, the Law Offices of David S. Chesley are here for you!
Defending Against Van Nuys DUIs: Criminal Cases vs. DMV Hearings
Van Nuys, 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 both cases can be fought by the same DUI defense lawyer.
Here are descriptions of both case categories, and ways we defend your liberty and driving privileges:
Van Nuys, 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 Van Nuys, CA, legal system.
Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we present reasonable doubt and fight against the accusations. We'll deconstruct the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can exonerate you.
With our defense strategies, we are almost always successful at protecting our Van Nuys, CA, clients from jail time. 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 work out probation over jail or prison time.
Van Nuys, CA, DUI License Suspension
On the other side of a Van Nuys DUI charge is the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the entire DMV hearing is about whether or not you were legitimately 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 hire us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's vital to contact a Van Nuys DUI defense attorney as soon as you can after an arrest.
Van Nuys DUI Sentences and Consequences
Van Nuys, 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.
In this table, you can review the different penalties you could be fighting against, depending on the circumstances of the alleged offense:
| 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 |
In addition to any criminal sentence in Van Nuys, CA, you're also facing collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can turn your world upside down. On the bright side, most first-time DUIs at this time will not 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 will be put on the same level as serious felonies when it comes to immigration consequenceses. If you are trying to become an American citizen, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
These accusations can be intimidating, but they are not the end. Your Van Nuys, CA, immigration lawyer can give you practical advice on what comes next. 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 to protect your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll want to get back to life as normal, before the charges. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you may be eligible to either expunge or seal your records. Fortunately, if you're in Van Nuys, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
Important Qualities You Need in a Van Nuys, CA DUI Attorney
Up against DUI charges? It's vital to pick the right lawyer to take your case. Your team needs the expertise, history, and contacts to secure a positive outcome for your case. When evaluating DUI lawyers in Van Nuys, CA, you want to judge the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and police officers, totalling over five decades of experience.
- Availability: So that you can get help right away when you need it. We're available 24/7.
- Relationships: An attorney who knows the local prosecutor can use that relationship to their advantage. Our team will leverage our connections with the prosecutors in Van Nuys 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: 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. We want you to be our next success story.
DUI Case Types We Fight in Van Nuys
Administrative, criminal, or anything else related to DUIs in Van Nuys, CA – our DUI defense team is prepared help you navigate the charges.
This is a list of the DUI allegations 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 Tactics in Van Nuys, CA
When you work with the Law Offices of David S. Chesley, your Van Nuys, CA, DUI attorney will draw from years of experience with effective defense strategies. While there are many effective legal strategies available, picking the right one can make all the difference.
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 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 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 look into any issues with how the equipment was stored or used, retest in some cases, using a "blood-split" motion, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. An experienced Van Nuys, CA, DUI attorney will know how to dissect any records and point out situations where law enforcement unfairly failed our clients on these tests.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. While this is can be difficult to overcome, you do still have viable defense strategies. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Get Immediate Help – Talk To Our Van Nuys DUI Defense Lawyers RIGHT AWAY
When you're up against Van Nuys DUI charges, you'll hardly get a chance to catch your breath. Your license disappears, law enforcement might try to do additional tests, you get a court date…it's easy to be lost. What you need to do is get in touch with aVan Nuys, CA, DUI lawyer right away.
Don't wait for the prosecution to build a case against you. 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 represent you.
We're experts at defending all Van Nuys, CA DUI charges. We're prepared to start building your defense fast and will work on a strategy to defend your license and your rights immediately. Talk with one of us now at (800) 755-5174 or get in touch online for a free, confidential case review.
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