DUI Lawyer Banning. If you're up against a DUI in Banning, it can feel overwhelming. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you find yourself in this situation, you need someone in your corner. 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 stand by your side.
We are CA's leading DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of veteran defense attorneys who know how to protect you in the Banning, CA, legal system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Get in touch right away at (800) 755-5174 or send us a note online to start constructing your defense strategy today.
What Happens After a DUI Arrest in Banning?
CA DUI Law allows an officer to arrest you without a BAC level over the limit, or if you aren't tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely via field sobriety tests, then arrest you based on that.
Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, the police are providing a record of the arrest to the CA DMV, officially suspending your license.
- Arraignment: While under arrest, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: While all of the criminal proceedings are going on, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- 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 Banning DUI defense attorney will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will negotiate with the Banning prosecutor to try and secure a favorable deal before a trial. But if it does go to trial, your attorney should be preparing now.
- Criminal Trial: Only a small percentage of DUI charges 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 penalties. 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 help you out, no matter where you are in the process, on both the criminal defense and administrative side. Whatever stage in the process you're at, our team has the knowledge to guide you forward!
Banning DUI: Fighting Criminal Cases vs. DMV Hearings
Banning, CA, DUI charges include two separate fights: The criminal case and the license suspension. In CA, these are always two separate processes, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and insights into how we protect your liberty and license:
Banning, 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.
Criminal cases, including DUIs, all follow the same basic process – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pre-trial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we defend your freedom and push back against the charges. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show you are not guilty.
With our defense strategies, we are almost always successful at protecting our clients from jail time. Frequently, we'll get the prosecutor to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoargue for probation to maintain your freedom.
Banning, CA, DUI License Suspension
On the other side of a Banning DUI charge is the DMV and your license suspension. This suspension goes into effect automatically, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the focus of this hearing is whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to BAC tests, whether or not you were properly informed of the consequences. When you work with us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you're out of options. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's critical to contact a Banning DUI defense lawyer right away after being arrested.
Banning DUI Sentences and Consequences
CA DUI criminal penalties are intimidating – while many are considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be up against, depending on how exactly your charged and your history:
| 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 |
Beyond the Banning, CA legal sentence collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. Our DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's key to pick the right lawyer to represent you. Your team needs the abilities, experience, and connections to find the best outcome for your case. The top Banning, CA, DUI defense attorneys will have all of the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police, totalling over 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our lines are never off, and you can contact us 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Banning and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. 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 CA.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. 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 Defend Against in Banning
Criminal and administrative, whatever type of DUI charges you're fighting in Banning, CA – our DUI defense attorneys are prepared to battle against the charges.
Here are some of the DUI allegations we commonly 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
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI and Professional Licenses in California
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI Probation Violation
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Penalties
- 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
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Street Racing
- Second Time DUI
- Third DUI California
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
Timing is Critical – Contact Our Banning DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. Your license disappears, there could be interrogations, you're given a court date…it's easy to be stressed out. And that's why it's all the more important to contact a lawyer immediately.
Don't give the state a chance to put you behind bars. 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 defend you.
We're experts at defending all Banning, CA DUI charges. We're equipped with the tools to build your case right now and will begin protecting your license and keep you out of jail right away. Reach out to us now at (800) 755-5174 or tell us about your case online for a confidential consultation.
We also provide the following legal services in Banning, CA:
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