DUI Lawyer Carlsbad. DUI law in Carlsbad is complex. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. CA law also prohibits you from refusing to take a DUI test, and in some cases, refusing can give you even worse penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you need help from a DUI defense expert. 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 available to protect you in Carlsbad.
We are CA's leading DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you work with us, you're getting a team of legal experts who know how to protect you in the Carlsbad, CA, legal system and find the best result for your case.
Don't wait and let your chance slip away. Get in touch right away at (800) 755-5174 or send us a note online to start building your defense strategy today.
What Happens After a DUI Arrest in Carlsbad?
CA DUI Law allows an officer to arrest you without a BAC level over the 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 utilizing field sobriety tests, then arrest you based on the results.
Right after your arrest, the CA legal system starts moving towards 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 begin as soon as you're arrested – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, the police are providing a record of the arrest to the CA DMV, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will go to court, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Separate from the criminal charges, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the interim, your Carlsbad DUI defense attorney will file pretrial potions, likely including some to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will work directly with the Carlsbad prosecutor to try and secure a favorable deal before a trial. But if you do have to fight the charges in a trial, your attorney should be preparing now.
- Criminal Trial: It's rare that a DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the outcome of your case, you may face penalties. 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 out, no matter where you are in the process, on both the criminal defense and license side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Carlsbad DUI: Fighting Criminal Cases vs. DMV Hearings
Carlsbad, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and insights into how we protect your freedom and ability to drive:
Carlsbad, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we protect your rights and fight against the allegations. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and look for evidence that can result in a not guilty plea.
The vast majority of our DUI clients in Carlsbad do not receive any jail sentence. For several cases, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoargue for probation to maintain your freedom.
Carlsbad, CA, DUI License Suspension
On the other side of a Carlsbad DUI charge is the DMV and your license suspension. This suspension goes into effect automatically, and to 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, your license can still be suspended even if you do not receive a criminal conviction. Instead, the focus of this hearing is whether or not 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. At the Law Offices of David S. Chesley, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you're out of luck. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's critical to contact a Carlsbad DUI defense attorney right away after an arrest.
Potential Penalties for a DUI in Carlsbad
CA DUI criminal penalties can be harsh – while many are 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 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 |
On top of whatever sentence you receive in Carlsbad court, you have to endure several collateral consequences, such as rising insurance rates and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll want to get back to life as normal, before the charges. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A DUI defense lawyer can help you with these processes, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's important to pick the right lawyer to fight for you. Your team needs the abilities, practice, and ties to provide the optimal outcome for your case. Here are the main things to look for in your Carlsbad, CA, DUI defense lawyer:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling over 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our lines are never off, and you can contact us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. Our firm has experience working with the prosecutors in Carlsbad and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators 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. We want you to be our next success story.
DUI Case Types We Defend Against in Carlsbad
Whatever DUI charge you're up against in Carlsbad, CA – the Law Offices of David S. Chesley is prepared for the charges.
Here is a list of the DUI case types we commonly 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 Carlsbad DUI Defense Attorneys TODAY
When you're up against Carlsbad DUI charges, it feels like there's no space to breathe. You lose your license, there could be interrogations, you're told you have a court date…it's easy to be out of control. With everything going on, your best way out is to hire a DUI defense attorney right away.
Don't sit by and watch the evidence mount 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 Carlsbad, CA DUI charges. We're equipped with the tools to build your case today and will work on a strategy to defend your license and your rights as soon as you call. Reach out to us now at (800) 755-5174 or tell us about your case online for a confidential consultation.
We also provide the following legal services in Carlsbad, CA:
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