DUI Lawyer Burbank. Burbank DUI charges are very serious. This isn't just an administrative issue; criminal charges can result in prison, fines, and additional harsh penalties. If you declined to take an alcohol test, you can face separate charges, and by declining, you could face even harsher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you've been accused of a DUI in Burbank, CA, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is just a call away in Burbank, CA.
Don't wait and let your chance slip away. Call today at (800) 755-5174 or tell us about your case online to start building your defense strategy today.
Burbank, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Burbank, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during any form of questioning. Even just saying "I only had two drinks" can work against you.
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: Treat the Officer Respectfully
Being rude won't help — it will make things worse. This isn't just something you're doing out of courtesy, though; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Burbank?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably via field sobriety tests, then decide whether or not to arrest you based on how you do.
If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:
- 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: Even though you might feel overwhelmed by the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Most people accused of DUIs in Burbank, CA, are able to secure pretrial release, although they'll likely need to pay bail. Between your potential release and the trial, your Burbank DUI defense lawyer 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: Inbetween pretrial motions, your DUI defense lawyer will negotiate with the Burbank district attorney to avoid a trial with a plea deal that protects you. But if you do have to fight the charges in a trial, your attorney should be creating a defense now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on the outcome of your case, you may face a punishment. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and administrative side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Burbank, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Burbank, CA, DUI charges are special because of their dual-nature: The criminal case and the fight for your license. Different CA organizations cover each of these aspects, but a skilled DUI defense attorney will help you with both.
Here are important factors for both case types, and how we fight to protect your freedom and right to drive:
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.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we defend your freedom and fight against the accusations. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can show you are not guilty.
The vast majority of our DUI clients in Burbank do not receive any jail sentence. Often, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
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 goes into effect automatically, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the focus of this hearing is whether or not you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. When you hire us, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of options. Outside of rare cases, you don't get another chance to request that hearing. This is why it's crucial to contact a Burbank DUI defense attorney promptly after an arrest.
Potential Penalties for a DUI in Burbank
Burbank, CA, DUI criminal penalties can be harsh – even for the ones considered misdemeanors, you're still facing a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be facing, depending on how exactly your charged and your history:
| 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 |
In addition to any criminal sentence in Burbank, CA, you're also facing collateral consequences, such as elevated insurance costs and impacts on your employment.
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.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Burbank, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs and plea deals that can keep a DUI off your record, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Burbank, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
Top DUI Defense Attorneys in Burbank: What You Need to Know
Defending yourself against a DUI in Burbank? It's critical to pick the right lawyer to take your case. Your team needs the expertise, history, and relationships to offer the best possible outcome for your case. When looking for a DUI defense lawyer in Burbank, CA, look for these signs:
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our lines are never off, and you can contact us 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: Both in the community and in the legal sphere. 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're ready to add you to our list of success stories.
DUI Case Types We Defend Against in Burbank
It doesn't matter what kind of DUI you're facing in Burbank, CA – your DUI defense lawyer from our team prepared help you navigate the charges.
Here are some of the DUI cases we can provide defenses for:
- 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 Burbank, CA
Our Burbank, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Arrest
If the police did not follow proper procedure while stopping and examining you, your case could be thrown out on legal grounds. This defense could be used if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in Chemical Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will investigate any possible errors that were made when you took the test, retest when possible, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will examine the evidence and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. This may sound bad, but our lawyers have more defense strategies we can pull from. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Get Immediate Help – Talk To Our Burbank DUI Defense Lawyers TODAY
Burbank, CA, DUI accusations are serious. After an arrest, things move pretty fast. Your license is suspended, you might be interrogated, you're told you have a court date…it's easy to be overwhelmed. With everything going on, your best way out is to get in touch with aBurbank, CA, DUI lawyer right away.
Don't give up and let the district attorney win. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Burbank, CA DUI charges. We're ready to take on your case immediately and will start protecting your driving privileges and searching for positive outcomes right away. Speak with a lawyer now at (800) 755-5174 or get in touch online for a confidential consultation.
We also provide the following legal services in Burbank, CA:
