DUI Lawyer Brea, CA

DUI Lawyer Brea. DUI law in Brea is complex. You're being accused of a crime; if you're facing years in prison for a repeat offense, your car is the least of your worries. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.

Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to fight for your rights.

Don't wait and let your chance slip away. Call now at (800) 755-5174 or tell us about your case online to start constructing your defense today.

Brea, CA, DUI Lawyer Traffic Stop Tips:

We'd all love to drive without any risk of being pulled over, but knowing how to handle the situation is important for all Brea, CA, residents. Here are four tips from a Brea, CA, DUI Lawyer for you that will guide you through your next traffic stop:

Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. When you're already prepared to give them to the officer, you avoid that risk.

Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections both before and after an arrest. 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: Respect the Law Enforcement Officer
Acting belligerent and uncooperative won't improve your case — it will likely be something you regret. This isn't just something you're doing out of courtesy, 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, and depending on what you do, it could make you appear intoxicated.

What Happens After a DUI Arrest in Brea?

California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. The police can use other methods to determine whether or not you were safe to drive, typically through field sobriety tests, then make arrests based on your performance.

Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:

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: Independant of the criminal charge process, you'll want to set up a DMV hearing within 10 days to protect your license.
4. Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the meantime, your Brea DUI defense attorney will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
5. Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will contact the Brea district attorney to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be creating a defense now.
6. Criminal Trial: Most DUI cases won't go to trial, but we don't count on that possibility and will be ready if it does.
7. Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. 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 help you out, no matter where you are in the process, on both the criminal defense and license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), give us a call so that we can help!

DUIs in Brea, CA and Criminal Cases vs. DMV Hearings

Brea, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the license suspension. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.

Here are important factors for both case types, and our process for defending your freedom and driving privileges:

Brea, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Brea, 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 provide expert defense and fight against the accusations. We'll debate the legality of the traffic stop, argue against he officer's observations, look for faults in laboratory examinations, and see if there's anything the police missed that can show the events in a more favorable light.

The vast majority of our DUI clients in Brea do not receive any jail sentence. Often, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.

Brea, CA, DUI License Suspension

While your Brea criminal charges may be top of mind, don't forget 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.

At the administrative hearing, you're not facing criminal charges. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the hearing is to determine if you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, whether or not you were properly informed of the consequences. When you hire us, we'll work to undermine 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 set up that hearing. This is why it's important to contact a Brea DUI defense lawyer as soon as you can after the arrest.

Sentence You Could Face for a DUI in Brea, CA

Brea, CA, DUI criminal penalties are intimidating – while many are considered misdemeanors, it's possible to receive 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 the nature of the allegations:

In addition to any criminal sentence in Brea, CA, you're also facing collateral consequences, such as elevated insurance costs 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.

If any of the above situations apply to you, don't panic: Call one of our Brea, CA, immigration lawyers to get immediate help. 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 that can protect you from a conviction, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.

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, there's a chance you're eligible to either expunge or seal your records. Our Brea, CA, DUI defense team can also assist you with sealing/expunging records, 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 imperative to pick the right lawyer to fight for you. Your team needs the skills, practice, and ties to give you opportunities for a positive outcome for your case. The top Brea, CA, DUI defense attorneys will have all of the following:

1. Availability: Because alleged DUIs can happen outside of the 9-to-5. You can speak with one of our team members 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: The best lawyers are often professionally recognized. We're proud to have received numerous accolades 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 Fight in Brea

Whatever type of DUI charge you need help with in Brea, CA – all of our DUI defense attorneys are prepared help you navigate the charges.

Here are some of the DUI cases we frequently defend:

DUI Defense Tactics in Brea, CA

If you want to craft an effective defense strategy, our Brea, 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.

Challenge the Legitimacy of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, then the evidence arising from that traffic stop could be invalid. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.

Show Issues With 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, retest in some cases, using a "blood-split" motion, and analyze the state's case to see if there was an error made in how your evidence was processed.

The discovery process is relevant to reviewing the testing records and other evidence.

Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But these tests are subjective. Our attorneys will review the footage and look for expert analysis that will show your performance in a more favorable light.

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. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.

Don't Wait – Call Our Brea DUI Defense Attorneys RIGHT AWAY

DUI allegations are no joke. After you've been charged, it can feel like you barely have a chance to think. You lose your right to drive, you could find yourself in an interrogation room, you get a court date…it's easy to feel out of control. What you need to do is hire an attorney immediately.

Don't give up and let the district attorney win. Don't wait too long and lose your driving privileges. 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 Brea, CA DUI charges. We're available to help now and will can fight for your license and your rights today. Reach out to us now at (800) 755-5174 or fill out our contact form online for a confidential case review.

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

• Criminal Defense Lawyer