DUI Lawyer Adelanto. Adelanto DUI charges are very serious. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If the Adelanto, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is available to protect you in Adelanto.
We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of DUI defense experts who know how to protect you in the Adelanto, CA, legal system and find the best result for your case.
Don't wait and let your chance slip away. Call without delay at (800) 755-5174 or contact us online to start building your defense today.
Adelanto, 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 Adelanto, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. But if you don't need to search for them, you avoid that risk.
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 during the entirety of your interactions with the law. Even just saying "I only had two drinks" can work against you.
Tip #3: Identify the Test Being Requested
A roadside exercise, a preliminary alcohol screening (PAS) breath test and a post-arrest chemical test are different requests. Age, DUI probation, the circumstances of the arrest and the test requested affect the applicable rules. The California DMV explains license consequences for refusing or failing to complete a required PAS or chemical test. Do not assume that declining one test lets you decline every other test without consequences. Tell counsel exactly what the officer requested and what warnings were given.
Tip #4: Treat the Officer Respectfully
Being rude won't improve your case — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Adelanto?
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, generally with field sobriety tests, then make judgements based on how you do.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. After the arrest, be prepared for the following:
- Suspension: The officer may take your regular license and issue an order of suspension with a temporary license. For an otherwise valid California license that is not suspended or revoked for another reason, the temporary license permits driving for 30 days from the date the order was issued. Check the order and your current driving status. A license suspension proceeding is separate from the criminal case, and the DMV hearing request deadline is generally 10 days from receipt of the order.
- Arraignment: At this court hearing, the judge explains the charges and your rights, and you enter a plea. Some defendants attend after release; others remain in custody. If you are still in custody, the judge addresses bail or release conditions. Follow the date and location on your current court papers.
- DMV Hearing: Separate from the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Most people accused of DUIs in Adelanto, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Adelanto DUI defense attorney will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will work directly with the Adelanto prosecutor to try and secure a favorable deal before a trial. But if you do have to fight the charges in a trial, your attorney should be building a defense 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 how your case proceeds, you may face sanctions. 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. If you need help today, we have the experience to help you move towards a positive outcome!
Adelanto DUI: Fighting Criminal Cases vs. DMV Hearings
Adelanto, CA, DUI charges include two separate fights: The criminal case and the fight for your license. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and what our attorneys will do for your freedom and ability to drive:
Adelanto, 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 being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we protect your rights and discredit the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can show you are not guilty.
The vast majority of our DUI clients in Adelanto do not receive any jail sentence. Commonly, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Adelanto, CA, DUI License Suspension
On the other side of a Adelanto DUI charge is the DMV and your license suspension. This suspension is independent of the criminal case, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
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 cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with a Adelanto, CA, DUI lawyer from our firm, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you're out of luck. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's essential to contact a Adelanto DUI defense attorney immediately after the traffic stop.
DUI Punishments in Adelanto
Adelanto, CA, DUI criminal penalties are a lot to face – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be facing, depending on the allegations you're facing:
| 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 rising insurance rates and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences depend on the charged offense, the conviction record, immigration status and the benefit or proceeding involved. Criminal charges, removal grounds and eligibility for citizenship require separate analysis. USCIS guidance says two or more DUI convictions during the relevant statutory period can create a rebuttable presumption of a lack of good moral character; that is not a universal rule of permanent ineligibility. H.R. 875 concerns proposed changes to DUI-related immigration grounds. Check current official legislative status and any enacted text rather than treating a proposal as an automatic outcome. Have qualified immigration counsel review a proposed plea and your individual record.
If any of the above situations apply to you, don't panic: Call one of our Adelanto, 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 with alternatives to criminal sentencing, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, 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 doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Adelanto, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a chance to clean your record.
When You're Picking a Adelanto, CA, DUI Lawyer, Consider These Factors
No matter what DUI allegations you've been charged with, it's imperative to pick the right lawyer to fight for you. Your team needs the talent, history, and ties to secure a positive outcome for your case. When you speak with Adelanto, CA, DUI attorneys about your case, ask them about the following:
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Defend in Adelanto
Administrative, criminal, or anything else related to DUIs in Adelanto, CA – our DUI defense lawyers are prepared for the charges.
Below, you can review a list of the DUI charges 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 Tactics in Adelanto, CA
When you work with the Law Offices of David S. Chesley, your Adelanto, 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.
Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, we can challenge the evidence, and even the legitimacy of the case itself. This defense could be used 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. We will investigate whether or not the procedure was followed when administering the tests, retest when possible, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a typical part of any traffic stop that turns into a DUI investigation. But field sobriety tests are not objective measures of whether you're safe to drive or not. Our attorneys will review the footage 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. Even though this is harder to fight, we won't give up yet. 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.
Timing is Critical – Talk To Our Adelanto DUI Defense Attorneys NOW
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. You lose your right to drive, there could be interrogations, you're given a court date…it's easy to feel stressed out. With everything going on, your best way out is to hire aAdelanto, CA, DUI attorney as soon as possible.
Don't give the state a chance to put you behind bars. 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 protect you.
We're experts at defending all Adelanto, CA DUI charges. We're available to help today and will work on a strategy to defend your license and searching for positive outcomes immediately. Talk with one of us now at (800) 755-5174 or tell us about your charges online for a free, confidential case review.
We also provide the following legal services in Adelanto, CA:
