DUI Lawyer Banning. DUI law in Banning is complex. You're not just facing the loss of your license; if you're facing years in prison for a repeat offense, your car is the least of your worries. Declining a breathalyzer or blood test on its own can result in charges, and the consequences you face might be even worse than a DUI conviction. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
When you're up against the CA legal system, you need help from a DUI defense expert. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you work with us, you're getting a team of veteran defense attorneys who know how to navigate the Banning, CA, judicial system and will always be honest with you about the state of your case and the best path forward.
Don't wait and let your chance slip away. Call right away at (800) 755-5174 or tell us how we can help online to start building your defense strategy today.
Banning, 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 Banning, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
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. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent at all points in the legal process. Call your DUI lawyer and stay quiet until they arrive.
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
Being rude won't improve your case — it will make things worse. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Banning?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally through field sobriety tests, then make judgements based on the results.
Once you've been arrested, the CA legal system will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- 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 just 10 days to begin the process of protecting your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Banning DUI defense expert will building the framework of your defense and filing motions to review the arrest footage, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will communicate with the Banning district attorney to present you with plea deal offers that could protect your freedom. But if the prosecutor won't give you a favorable offer, your attorney should be creating a defense now.
- Criminal Trial: It's rare that a DUI case will 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 .
- Sentencing/Sealing: Depending on how your case turns out, you may face consequences. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), we have the experience to help you move towards a positive outcome!
Banning DUI: Fighting Criminal Cases vs. DMV Hearings
Banning, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative case. These will never be handled in the same hearing, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and ways we defend your freedom and right to drive:
Banning, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Banning, CA, court.
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 build your defense and discredit the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can present an alternate narrative.
We have an extremely strong track record of clients who have avoided jail time in Banning, CA. Commonly, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Banning, 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 goes into effect automatically, and to successfully 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, 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 hire us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get any more chances to schedule that hearing. This is why it's crucial to contact a Banning DUI defense lawyer without delay after the arrest.
Potential Penalties for a DUI in Banning
Banning, CA, DUI criminal penalties can be harsh – while some are 'just' misdemeanors, you could still end up with a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be facing, depending on the nature of the allegations:
| Formal DUI 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 Banning, CA legal sentence collateral consequences, such as increased insurance premiums 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.
These accusations can be intimidating, but they are not the end. Your Banning, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll probably be looking to move on as soon as possible. It doesn't take long to realize, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Banning, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
When You're Picking a Banning, CA, DUI Lawyer, Consider These Factors
Defending yourself against a DUI in Banning? It's critical to pick the right lawyer to represent you. Your team needs the abilities, background, and ties to offer the best possible outcome for your case. When evaluating DUI lawyers in Banning, CA, you want to judge the following:
- Availability: DUI allegations can happen any time, day or night. Our team is prepared to help you 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: If your lawyer is known for successfully fighting DUI charges, that is a major positive. 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. We want you to be our next success story.
DUI Case Types We Defend Against in Banning
Administrative, criminal, or anything else related to DUIs in Banning, CA – the Law Offices of David S. Chesley is prepared help you navigate the charges.
This is a list of the DUI charges we frequently 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 Banning, CA
When you work with the Law Offices of David S. Chesley, your Banning, CA, DUI attorney will draw from years of experience with effective defense strategies. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest 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 argue for your case to be dismissed. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With BAC Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. Our team will look into any issues with how the equipment was stored or used, re-examine the evidence to look for alternate explanations, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But you can still challenge them – they are not ironclad proof of guilt. We will audit the test records and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, you do still have viable defense strategies. 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 – Call Our Banning DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Banning, CA, it can be a whirlwind of legal processes. You lose your right to drive, you might be interrogated, you're assigned a court date…it's easy to feel like there's no way forward. With everything going on, your best way out is to get in touch with a lawyer immediately.
Don't give up and let the district attorney win. Don't let your license go without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Banning, CA DUI charges. We're prepared to start building your defense right now and will can fight for your license and your freedom right away. Speak with a lawyer now at (800) 755-5174 or let us know what you need online for a free case review.
We also provide the following legal services in Banning, CA:
