DUI Lawyer Diamond Bar. DUI law in Diamond Bar is complex. You're not just facing the loss of your license; if you're facing years in prison for a repeat offense, your car is the least of your worries. You can face DUI charges even for just refusing to take the tests, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And DUIs involving drugs are treated differently than those involving alcohol.
If you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to defeat the allegations is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
We are California's DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of veteran defense attorneys who know how to fight for you in the Diamond Bar, CA, legal system and provide paths to positive outcomes.
Take too long to start your defense, and you could miss your chance. Speak with one of our attorneys anytime, day or night, at (800) 755-5174 or contact us online to start putting together your defense today.
Diamond Bar, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing how to handle the situation is important for all Diamond Bar, CA, residents. Below are four tips from a Diamond Bar, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. 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
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections at all points in the legal process. Protect yourself by keeping quiet until your lawyer arrives.
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: Don't Argue With the Officer
Refusing to cooperate with the police won't improve your case — it will make things worse. This is about more than just avoiding an arrest in the short term; it also helps 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 Diamond Bar?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't undergo any tests at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally using field sobriety tests, then make judgements based on that.
Right after your arrest, 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: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Most people accused of DUIs in Diamond Bar, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Diamond Bar DUI defense lawyer will file pretrial motions, likely including some to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will contact the Diamond Bar 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 building a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. 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. If you need help today, the Law Offices of David S. Chesley are here for you!
Defending Against Diamond Bar DUIs: Criminal Cases vs. DMV Hearings
Diamond Bar, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the DMV case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and what our attorneys will do for your justice and license:
Diamond Bar, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Your DUI case will typically go through the same process as any other criminal charge – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we defend your freedom and push back against the accusations. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can show you are not guilty.
The vast majority of our DUI clients in Diamond Bar do not receive any jail sentence. Often, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.
Diamond Bar, CA, DUI License Suspension
On the other side of a Diamond Bar DUI charge is the DMV and your license suspension. This suspension is automatically applied, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you work with a Diamond Bar, CA, DUI lawyer from our firm, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, the suspension is probably hear to stay. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's critical to contact a Diamond Bar DUI defense attorney without delay after the arrest.
Sentence You Could Face for a DUI in Diamond Bar, CA
Diamond Bar, CA, DUI criminal penalties are intimidating – while some are 'just' 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 trying to avoid, depending on what your charges are:
| 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 |
Beyond any sentence that a judge in Diamond Bar, CA, sentences you to, you also need to worry about collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.
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.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Diamond Bar, CA, immigration lawyer. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: 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
Whether you're found guilty or not guilty, it's natural to want to move on and leave this in the past. It doesn't take long to realize, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Diamond Bar, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
When You're Picking a Diamond Bar, CA, DUI Lawyer, Consider These Factors
Up against DUI charges? It's crucial to pick the right lawyer to fight for you. Your team needs the expertise, practice, and relationships to give you opportunities for a positive outcome for your case. When you speak with Diamond Bar, CA, DUI attorneys about your case, ask them about the following:
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 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. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
Our recent DUI Case results speak for themselves. We want you to be our next success story.
DUI Case Types We Fight in Diamond Bar
Whatever DUI charge you're up against in Diamond Bar, CA – your DUI defense lawyer from our team prepared to battle against the charges.
Here are some of the DUI cases we have experience defending:
- 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 Diamond Bar, CA
If you want to craft an effective defense strategy, our Diamond Bar, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Arrest
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 effective if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With BAC 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. We will look into any potential procedural errors, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But you can still challenge them – they are not ironclad proof of guilt. We will examine the evidence and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. While this is can be difficult to overcome, you do still have viable defense strategies. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Rapid Assistance – Speak With Our Diamond Bar DUI Defense Attorneys RIGHT AWAY
If you've been arrested or accused of a DUI in Diamond Bar, CA, it feels like there's no space to breathe. You can't drive anymore, there could be interrogations, you get a court date…it's easy to feel overwhelmed. What you need to do is call a DUI defense attorney now.
Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Diamond Bar, CA DUI charges. We're available to help today and will work on a strategy to defend your license and your liberty now. Talk to one of our team members now at (800) 755-5174 or fill out our contact form online for a free, confidential consultation.
We also provide the following legal services in Diamond Bar, CA:
