DUI Lawyer Carson. DUI law in Carson is complex. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If the Carson, CA, district attorney is coming after you, you need help from a DUI defense expert. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's top DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of experienced, high-quality lawyers who know how to fight for you in the Carson, CA, court system and find the best result for your case.
If you wait too long to build a defense, it could become too late. Reach out now at (800) 755-5174 or tell us about your case online to start putting together your defense today.
Carson, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but it's still important to know how to handle a traffic stop. Below are four tips from a Carson, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. Many sober people will have trouble gathering up these documents under pressure. But if you don't need to search for them, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent during any form of questioning. Don't talk without an attorney present.
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
Arguing with the officer won't improve your case — it will make things worse. This doesn't just help you get through the traffic stop; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Carson?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't undergo any tests at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, often with field sobriety tests, then make judgements based on that.
Once this happens, the CA legal system will proceed with both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- 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: Separate from the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the interim, your Carson DUI defense lawyer will laying the groundwork of your defense through motions to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will negotiate with the Carson prosecutor to present you with plea deal offers that could protect your freedom. But if the case goes to trial, your attorney should be building a defense 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 the result of your case, you may face sanctions. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and administrative side. If you need help today, give us a call so that we can help!
DUIs in Carson, CA and Criminal Cases vs. DMV Hearings
Carson, CA, DUI charges are special because of their dual-nature: The criminal case and the administrative case. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and how we fight to protect your freedom and driving privileges:
Carson, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 present reasonable doubt and discredit the allegations. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for faults in laboratory examinations, and see if there's anything the police missed that can show you are not guilty.
With our defense strategies, we are almost always successful at protecting our Carson, CA, clients from jail time. For several cases, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Carson, CA, DUI License Suspension
While your Carson criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, you can lose your license regardless of the outcome of the criminal case. Instead, the entire DMV hearing is about whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused 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.
If the tenth day since the arrest has passed, though, you're out of options. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's critical to contact a Carson DUI defense lawyer promptly after the traffic stop.
Carson DUI Sentences and Consequences
Carson, CA, DUI criminal penalties can leave a mark on your record for life – while some are 'just' misdemeanors, you're still facing a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be looking to avoid, depending on the nature of the allegations:
| 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 |
In addition to any criminal sentence in Carson, CA, you're also facing collateral consequences, such as elevated insurance costs and barriers between you and professional licenses.
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.
These accusations can be intimidating, but they are not the end. Your Carson, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whether your case ends in a conviction or an acquittal, it's natural to want to move on and leave this in the past. You'll find, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Our Carson, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Carson? It's important to pick the right lawyer to defend your innocence. Your team needs the talent, experience, and ties to provide the optimal outcome for your case. When you speak with Carson, CA, DUI attorneys about your case, ask them about the following:
- Availability: You should be able to get help fast, whenever you need it. You can get a hold of 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: The best lawyers are often professionally recognized. 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 California.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Defend in Carson
Administrative, criminal, or anything else related to DUIs in Carson, CA – the Law Offices of David S. Chesley is prepared help you navigate the charges.
Below, you can review a list of the DUI charges 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
- 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 Strategies in Carson, CA
Our Carson, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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 Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, your case could be thrown out on legal grounds. This defense is effective if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Blood, Breath, and/or Urine 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 potential procedural errors, 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.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. We will examine the evidence and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, it's not the end of your case. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Start Your Defense Today – Speak With Our Carson DUI Defense Lawyers TODAY
DUI allegations are no joke. After you've been charged, things move pretty fast. The police officer takes your license, there could be interrogations, you're assigned a court date…it's easy to be like there's no way forward. Your path forward begins when you get in touch with an attorney immediately.
Don't wait for the prosecution to build a case against you. Don't lose your license because you missed the DMV hearing window. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Carson, CA DUI charges. We're standing by to answer your call today and will start protecting your driving privileges and your freedom today. Reach out to us now at (800) 755-5174 or tell us about your case online for a free, confidential case review.
We also provide the following legal services in Carson, CA:
