DUI Lawyer Commerce. Commerce DUI charges are very serious. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If you're facing these types of charges in CA, you don't want to be alone. Trying to defeat the allegations is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's leading DUI defense lawyers and decades of experience fighting against these charges. When you retain us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the Commerce, CA, justice system and get you the best outcome possible.
While you're hesitating, the odds are stacking up against you. Reach out right away at (800) 755-5174 or tell us how we can help online to start preparing your case's defense today.
Commerce, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but it's still important to know how to handle a traffic stop. Below are four tips from a Commerce, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. Many sober people will have trouble gathering up these documents under pressure. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections at all points in the legal process. Trying to explain away the smell of alcohol will probably just get you in more trouble.
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
Arguing with the officer won't improve your case — it will come back to bite you. You should be respectful for more than its own sake, though; it also aids your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Commerce?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't undergo any tests at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, often using field sobriety tests, then arrest you based on the results.
As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- 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 want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the meantime, your Commerce DUI defense attorney will file pretrial motions, likely including some to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will negotiate with the Commerce district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if that doesn't work, your attorney should be refining a defense strategy now.
- Criminal Trial: Your case probably will not 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 can explore record clearing options with our lawyers.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. Whatever stage in the process you're at, our team has the knowledge to guide you forward!
DUIs in Commerce, CA and Criminal Cases vs. DMV Hearings
Commerce, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the DMV case. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are the key things to be aware of for each, and what our attorneys will do for your freedom and driving privileges:
Commerce, 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.
Your DUI case will typically go through the same process as any other criminal charge – 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 craft a staunch defense and fight against the allegations. We'll examine the lawfulness of the traffic stop, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show you are not guilty.
If you're facing jail time in Commerce, CA, our attorneys can help you avoid it. Often, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Commerce, CA, DUI License Suspension
On the other side of a Commerce DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to successfully 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 secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, this administrative hearing is focused on if you were lawfully 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 work with us, we'll fight 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, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's crucial to contact a Commerce DUI defense attorney as soon as you can after the arrest.
Potential Penalties for a DUI in Commerce
Commerce, CA, DUI criminal penalties can be harsh – though you could 'only' be facing misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| DUI Criminal 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 |
On top of whatever sentence you receive in Commerce court, you have to endure several collateral consequences, such as loss or increased expense of insurance and career setbacks.
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 Commerce, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs with alternatives to criminal sentencing, 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, it's natural to want to move on and leave this in the past. However, 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 Commerce, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.
Top DUI Defense Attorneys in Commerce: What You Need to Know
Accused of a DUI in Commerce? It is vital to pick the right lawyer to defend your innocence. Your team needs the expertise, preparation, and connections to offer the best possible outcome for your case. Here are the main things to look for in your Commerce, CA, DUI defense lawyer:
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our offices are always available if you need to talk 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. We're ready to add you to our list of success stories.
DUI Case Types We Take On in Commerce
Whatever DUI charge you're up against in Commerce, CA – our DUI defense lawyers are prepared help you navigate the charges.
This is a list of the DUI case types we frequently 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 Commerce, CA
Our Commerce, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, we can challenge the evidence, and even the legitimacy of the case itself. This defense is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With Chemical Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and highlight any errors in the chain of custody.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. An experienced Commerce, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
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. 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 Rapid Assistance – Talk To Our Commerce DUI Defense Lawyers AS SOON AS POSSIBLE
After a DUI arrest, you'll hardly get a chance to catch your breath. You lose your right to drive, you could find yourself in an interrogation room, you get a court date…it's easy to feel lost. To fight through the allegations, your first step is to speak to a lawyer 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 hope it will all just go away. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Commerce, CA DUI charges. We're standing by to answer your call immediately and will begin protecting your license and your freedom now. Reach out to us now at (800) 755-5174 or fill out our contact form online for a free, confidential case review.
We also provide the following legal services in Commerce, CA:
