DUI Lawyer Arcadia. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; 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 when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And DUIs involving drugs are treated differently than those involving alcohol.
If you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to stand up for yourself 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 Arcadia, CA.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of legal experts who know how to navigate the Arcadia, CA, court system and provide paths to positive outcomes.
While you're hesitating, the odds are stacking up against you. Call now at (800) 755-5174 or tell us about your case online to start building your defense strategy today.
Arcadia, 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. Here are four tips from a Arcadia, CA, DUI Lawyer for you that will guide you through your next traffic stop:
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. Many sober people will have trouble gathering up these documents under pressure. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have the right to remain silent during any form of questioning. Don't talk without an attorney present.
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: Don't Argue With the Officer
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 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 help justify an arrest.
What Happens After a DUI Arrest in Arcadia?
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. Officers are able to arrest you this way because CA allows them to make subjective judgements, generally with field sobriety tests, then make arrests based on the results.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Arcadia, 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 need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Most people accused of DUIs in Arcadia, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your Arcadia DUI defense attorney will file motions to strengthen your defense, such as ones to throw out illegal evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will negotiate with the Arcadia prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if you do have to fight the charges in a trial, your attorney should be building a defense now.
- Criminal Trial: It's rare that a 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 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 help you out, no matter where you are in the process, on both the criminal defense and DMV side. If you need help today, we have the experience to help you move towards a positive outcome!
Defending Against Arcadia DUIs: Criminal Cases vs. DMV Hearings
Arcadia, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the administrative case. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and insights into how we protect your liberty and ability to drive:
Arcadia, 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 Arcadia, CA, legal system.
The general court process is the same as any other criminal case – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we protect your rights and push back against the criminal accusations. We'll debate the legality of the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and see if there's anything the police missed that can present an alternate narrative.
With our defense strategies, we are almost always successful at protecting our Arcadia, CA, clients from jail time. For many clients, we'll contact the district attorney on their behalf and negotiate a charge reduction, 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.
Arcadia, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, 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, your license can still be suspended even if you do not receive a criminal conviction. Instead, the entire DMV hearing is about whether or not you were rightfully 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 us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's important to contact a Arcadia DUI defense attorney as soon as you can after being arrested.
DUI Punishments in Arcadia
Arcadia, CA, DUI criminal penalties are intimidating – though you could 'only' be facing misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| 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 Arcadia, CA legal sentence collateral consequences, such as loss or increased expense of insurance and barriers between you and professional licenses.
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 Arcadia, 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 with alternatives to criminal sentencing, fight to keep you in the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Arcadia, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Arcadia? It's critical to pick the right lawyer to fight for you. Your team needs the skills, history, and ties to offer the best possible outcome for your case. Here are the main things to look for in your Arcadia, CA, DUI defense lawyer:
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 24/7.
- 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.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Defend Against in Arcadia
Criminal and administrative, whatever type of DUI charges you're fighting in Arcadia, CA – our DUI defense attorneys are prepared help you navigate the charges.
Below are some of the DUI case types we often 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 Arcadia, CA
If you want to craft an effective defense strategy, our Arcadia, CA, DUI lawyers are here to help. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Contest the Legitimacy of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, your case could be thrown out on legal grounds. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Chemical Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will look into any issues with how the equipment was stored or used, push for tests to be redone, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. Our attorneys will review the footage 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 properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Don't Wait – Talk To Our Arcadia DUI Defense Lawyers NOW
Arcadia, CA, DUI accusations are serious. After an arrest, things move pretty fast. You lose your right to drive, you could find yourself in an interrogation room, you're given a court date…it's easy to be overwhelmed. What you need to do is call an attorney right away.
Don't give up and let the district attorney win. Don't lose your license because you missed the DMV hearing window. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Arcadia, CA DUI charges. We're ready to take on your case now and will work on a strategy to defend your license and your rights now. Talk to one of our team members now at (800) 755-5174 or set up an appointment online for a free case review.
We also provide the following legal services in Arcadia, CA:
