DUI Lawyer Burbank. DUI law in Burbank is complex. Besides losing your license, there's a lot at stake; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
When you're up against the CA legal system, you don't want to be alone. Trying to navigate the laws and the courts is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are CA's top DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you hire us, you're getting a team of veteran defense attorneys who know how to navigate the Burbank, CA, legal system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Get in touch today at (800) 755-5174 or contact us online to start constructing your defense strategy today.
What Happens After a DUI Arrest in Burbank?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, or if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, often utilizing field sobriety tests, then make arrests based on that.
Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- 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. Meanwhile, they are contacting the DMV about your DUI arrest, officially suspending your license.
- Arraignment: At some point when you're in jail, you will be brought before a judge, and a prosecutor will inform you of the charges against you.
- DMV Hearing: As soon as you're released from jail, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Burbank DUI defense lawyer will file pretrial potions, likely including some to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will communicate with the Burbank prosecutor to find a plea deal that minimizes penalties for you. But if it does go to trial, your attorney should be preparing now.
- Criminal Trial: It's rare that a DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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, you may be eligible to have your record sealed.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and license side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Burbank DUI: Fighting Criminal Cases vs. DMV Hearings
Burbank, 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. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and insights into how we protect your freedom and driving privileges:
Burbank, 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 craft a staunch defense and push back against the charges. We'll challenge the legitimacy of 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 tell a different story.
The vast majority of our DUI clients in Burbank do not receive any jail sentence. In many cases, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
Burbank, CA, DUI License Suspension
While your Burbank criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension doesn't wait for your criminal case, 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, even if you receive a "not guilty" verdict, you can still lose your license. 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 BAC tests, whether or not you were properly informed of the consequences. When you hire us, we'll fight 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 unsuspended. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's critical to contact a Burbank DUI defense lawyer as soon as you can after being arrested.
DUI Punishments in Burbank
CA DUI criminal penalties are a lot to face – while many are considered misdemeanors, they can still result in up to 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 |
You'll also be facing significant collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record keeps coming up and getting in your way. 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 an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI alleges you've been charged with, it's essential to pick the right lawyer to defend you. Your team needs the expertise, experience, and ties to provide the optimal outcome for your case. The top Burbank, CA, DUI defense attorneys will have all of the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and law enforcement, 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: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in Burbank 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: 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're ready to add you to our list of success stories.
DUI Case Types We Defend in Burbank
It doesn't matter what kind of DUI you're facing in Burbank, CA – our DUI defense attorneys are prepared to battle against the charges.
Here 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
- 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 – Call Our Burbank DUI Defense Attorneys RIGHT AWAY
When you're up against Burbank DUI charges, it feels like there's no space to breathe. Your license disappears, you might be interrogated, you're informed of a court date…it's easy to feel overwhelmed. And that's why it's all the more important to contact an attorney right away.
Don't sit by and watch the evidence mount against you. 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 Burbank, CA DUI charges. We're prepared to start building your defense now and will start safeguarding your license and keep you out of jail as soon as you call. Talk with one of us now at (800) 755-5174 or tell us about your case online for a free consultation.
We also provide the following legal services in Burbank, CA:
Payment Plans
