DUI Lawyer Alhambra. Alhambra DUI charges are very serious. 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 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 you're facing these types of charges in CA, you need someone in your corner. Trying to defeat the allegations is a fight that you need a team for, which is why the Law Offices of David S. Chesley is available to protect you in Alhambra.
If you want to build an effective defense, you need to act now. Talk to a lawyer right away at (800) 755-5174 or contact us online to start building your defense today.
Alhambra, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Alhambra, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked 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. When you're already prepared to give them to the officer, 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 at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
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: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also benefits your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Alhambra?
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. The police can use other methods to determine whether or not you were safe to drive, typically through field sobriety tests, then decide whether or not to arrest you based on how you do.
Once you've been arrested, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Alhambra, CA, follow this progression:
- 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: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Alhambra DUI defense lawyer will be filing motions, including motions to throw out illegal 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 attorney will contact the Alhambra district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if it does go to trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Your case probably will not go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face penalties. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and administrative side. For advice on any stage with your charges, our team has the knowledge to guide you forward!
Alhambra DUI Allegations and Criminal Cases vs. DMV Hearings
Alhambra, CA, DUI charges include two separate fights: The criminal case and the driver's case. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are descriptions of both case categories, and our process for defending your freedom and ability to drive:
Alhambra, 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 Alhambra, 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 craft a staunch defense and fight against the accusations. We'll debate the legality of the traffic stop, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can exonerate you.
The vast majority of our DUI clients in Alhambra do not receive any jail sentence. Often, 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 to give you an alternative to jail, in the form of probation.
Alhambra, CA, DUI License Suspension
While your Alhambra criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully 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 Alhambra, 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, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's important to contact a Alhambra DUI defense attorney immediately after an arrest.
Potential Penalties for a DUI in Alhambra
Alhambra, CA, DUI criminal penalties can leave a mark on your record for 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.
On this table, you can review the different penalties you could be fighting against, depending on how exactly your charged and your history:
| 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 |
Beyond the Alhambra, CA legal sentence collateral consequences, such as rising insurance rates and career setbacks.
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.
These accusations can be intimidating, but they are not the end. Your Alhambra, 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, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record can stick with you. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Alhambra, CA, our DUI lawyers will also fight to protect you in this way, and give you a chance to clean your record.
Important Qualities You Need in a Alhambra, CA DUI Attorney
Accused of a DUI in Alhambra? It is key to pick the right lawyer to defend you. Your team needs the talent, experience, and relationships to give you opportunities for a positive outcome for your case. When evaluating DUI lawyers in Alhambra, CA, you want to judge the following:
- Availability: You should be able to get help fast, whenever you need it. We're available 24/7.
- Reputation: Not just with clients and friends, but also amongst their peers. We are proud to be respected amongst our peers 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 Against in Alhambra
Administrative, criminal, or anything else related to DUIs in Alhambra, CA – all of our DUI defense attorneys are prepared to defend you against the charges.
Below, you can review a list of the DUI cases we typically 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 Alhambra, CA
When you work with the Law Offices of David S. Chesley, your Alhambra, 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.
Challenge the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, we can argue for your case to be dismissed. This defense is a good option 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 BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will investigate any possible errors that were made when you took the test, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a typical part of any traffic stop that turns into a DUI investigation. But ultimately, these are judgment calls on the part of the officer. Our attorneys will review the footage and show whether or not you were fairly judged.
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 over the legal limit. This may sound bad, but our lawyers have more defense strategies we can pull from. We can examine your diet and medical conditions to find alternative explanations.
Get Immediate Help – Talk To Our Alhambra DUI Defense Attorneys TODAY
If you've been arrested or accused of a DUI in Alhambra, CA, you'll hardly get a chance to catch your breath. Your license disappears, there could be interrogations, you're told you have a court date…it's easy to feel overwhelmed. And that's why it's all the more important to speak to an attorney immediately.
Don't sit by and watch the evidence mount against you. Don't lose your license because you missed the DMV hearing window. 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 Alhambra, CA DUI charges. We're available to help immediately and will start protecting your driving privileges and your rights today. Talk to one of our team members now at (800) 755-5174 or fill out our contact form online for a free, confidential case review.
We also provide the following legal services in Alhambra, CA:
