DUI Lawyer Antioch, CA

DUI Lawyer Antioch. The consequences of a DUI can be devastating. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.

When you're up against the CA legal system, you should consult with an expert to find your best path forward. 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 ready to defend you.

If you want to build an effective defense, you need to act now. Call anytime, day or night, at (800) 755-5174 or tell us how we can help online to start preparing your case's defense today.

Antioch, CA, DUI Lawyer Traffic Stop Tips:

Nobody gets excited when they see red and blue flashing lights behind them, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Antioch, CA, DUI Lawyer for you which can protect you from arrests and charges:

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
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent during any form of questioning. 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
Resisting the police won't improve your case — it will come back to bite you. You should be respectful for more than its own sake, though; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which may come back up later in court.

What Happens After a DUI Arrest in Antioch?

California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you refuse to be tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often utilizing field sobriety tests, then make judgements based on their evaluation of you.

Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:

1. 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.
2. 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.
3. DMV Hearing: Separate from the criminal charges, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
4. Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the meantime, your Antioch DUI defense attorney will file pretrial motions, likely including some to review the arrest footage, and a "blood split" motion to retest your blood sample.
5. Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will bargain with the Antioch district attorney to try and secure a favorable deal before a trial. But if that doesn't work, your attorney should be preparing now.
6. Criminal Trial: Only a small percentage of DUI charges 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 .
7. Sentencing/Sealing: Depending on how your case turns out, you may face some form of sentence. 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 provide you with advice on the best way to move forward, on both the criminal defense and license side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!

Antioch, CA, DUI Differences: Criminal Cases vs. DMV Hearings

Antioch, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. These are handled separately by the state, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.

Here are the key things to be aware of for each, and our process for defending your liberty and right to drive:

Antioch, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.

Most of the steps in a DUI criminal case are identical to that of another 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 listen to your side of the story and fight against the allegations. We'll deconstruct the traffic stop, demonstrate any present errors in the police officer's judgement, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can show you are not guilty.

The vast majority of our DUI clients in Antioch do not receive any jail sentence. Frequently, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.

Antioch, 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 is automatically applied, and 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 hearing is to determine if 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 hire us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.

If you waited too long and it's past the deadline to request a hearing, though, you're out of options. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's essential to contact a Antioch DUI defense attorney as soon as you can after an arrest.

Punishments After a DUI Conviction in Antioch, CA

Antioch, CA, DUI criminal penalties can permanently affect your life – while many are considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.

On this table, you can review the different penalties you could be trying to avoid, depending on the nature of the allegations:

You'll also be facing significant collateral consequences, such as rising insurance rates and impacts on your employment.

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.

A DUI accusation doesn't have to end your time in the United States. You can get help from your Antioch, CA, immigration lawyer. 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 that can protect you from a conviction, fight against removal proceedings, and guide you through your citizenship application.

After the Case: Expungement/Sealing

Whether your case ends in a conviction or an acquittal, you're liking looking forward to putting this all behind you. The bad news is that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Antioch, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.

When You're Picking a Antioch, CA, DUI Lawyer, Consider These Factors

Accused of a DUI in Antioch? It is essential to pick the right lawyer to defend you. Your team needs the talent, history, and ties to provide the optimal outcome for your case. Here are the main things to look for in your Antioch, CA, DUI defense lawyer:

1. Availability: So that you can get help right away when you need it. Our offices are always available if you need to talk 24/7.
2. Local procedure: Ask who will handle your case, how counsel will confirm the assigned court and hearing dates, and how the evidence and applicable law will guide negotiations with the prosecutor.
3. 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.

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 Antioch

Criminal and administrative, whatever type of DUI charges you're fighting in Antioch, CA – your DUI defense lawyer from our team prepared for the charges.

Below, you can review a list of the DUI case types we regularly defend:

DUI Defense Strategies in Antioch, CA

If you want to craft an effective defense strategy, our Antioch, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.

Challenge the Legality of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can challenge the evidence, and even the legitimacy of the case itself. This defense could be used if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.

Flaws in 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 highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and advocate for you during the discovery process to identify flaws in the state's evidence.

Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and point out situations where law enforcement unfairly failed our clients on these tests.

Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. This may sound bad, but 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.

Timing is Critical – Speak With Our Antioch DUI Defense Lawyers NOW

When you're up against Antioch DUI charges, you'll hardly get a chance to catch your breath. You lose your license, you might be interrogated, you're informed of a court date…it's easy to feel lost. And that's why it's all the more important to speak to aAntioch, CA, DUI lawyer immediately.

Don't give the state a chance to put you behind bars. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.

We're experts at defending all Antioch, CA DUI charges. We're ready to take on your case today and will begin protecting your license and your liberty today. Speak with a lawyer now at (800) 755-5174 or tell us about your case online for a no strings attached case review.

We also provide the following legal services in Antioch, CA:

• Criminal Defense Lawyer