DUI Lawyer Barstow. If you're up against a DUI in Barstow, 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 DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you need someone in your corner. Trying to fight against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are CA's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of legal experts who know how to defend your rights in the Barstow, CA, court system and get you the best outcome possible.
Don't wait and let your chance slip away. Call 24/7 at (800) 755-5174 or send us a note online to start preparing your defense strategy today.
What Happens After a DUI Arrest in Barstow?
CA DUI Law allows an officer to arrest you even if you blow below the legal limit, or if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often using field sobriety tests, then arrest you based on the results.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, they are contacting the DMV about your DUI arrest, beginning the formal suspension.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- 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: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Barstow DUI defense lawyer will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will communicate with the Barstow prosecutor to find a plea deal that minimizes penalties for you. But if the case goes to trial, your attorney should be crafting a strategy now.
- Criminal Trial: It's unlikely that your 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 penalties. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and DMV side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Barstow DUI: Fighting Criminal Cases vs. DMV Hearings
Barstow, 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. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are some things you need to know about both, and ways we defend your liberty and driving privileges:
Barstow, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Your DUI case will typically go through the same process as any other criminal charge – 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 build your defense and push back against the charges. We'll deconstruct the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can tell a different story.
We have an extremely strong track record of clients who have avoided jail time. Often, we'll negotiate a plea deal 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.
Barstow, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is automatically applied, and in order 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, you can lose your license regardless of the outcome of the criminal case. Instead, the hearing is to determine if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to alcohol tests, whether or not you were properly informed of the consequences. When you work with us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's critical to contact a Barstow DUI defense attorney immediately after being arrested.
Potential Penalties for a DUI in Barstow
CA DUI criminal penalties are intimidating – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be trying to avoid, 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 Barstow, CA legal sentence collateral consequences, such as more expenses on your insurance and barriers between you and 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. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. A DUI defense attorney can help you out here, too, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's essential to pick the right lawyer to fight for you. Your team needs the expertise, experience, and relationships to provide the optimal outcome for your case. The top Barstow, 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, several of our members are former judges, prosecutors, and police, totalling over 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. We're available 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in Barstow and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- Track Record of Success: At the end of the day, results matter. And our results are great. In fact, 95% of our DUI cases result in no jail time.
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 Barstow
It doesn't matter what kind of DUI you're facing in Barstow, CA – our DUI defense attorneys are prepared to battle against the charges.
Below are some of the DUI case types we regularly 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
Don't Wait – Contact Our Barstow DUI Defense Lawyers NOW
After a DUI arrest, 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. With everything going on, your best way out is to contact a DUI defense attorney right away.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Barstow, CA DUI charges. We're ready to take on your case right now and will work on a strategy to defend your license and keep you out of jail right away. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a free consultation.
We also provide the following legal services in Barstow, CA:
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