DUI Lawyer El Cajon. If you're up against a DUI in El Cajon, it can feel overwhelming. 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 while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you're facing these types of charges in CA, 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 prepared to defend your freedom.
We are CA's leading DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of former prosecutors who know how to navigate the El Cajon, CA, court system and find the best result for your case.
Don't wait and let your chance slip away. Get in touch 24/7 at (800) 755-5174 or send us a note online to start constructing your defense today.
What Happens After a DUI Arrest in El Cajon?
CA DUI Law allows an officer to arrest you without a BAC level over the limit, or if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often using field sobriety tests, then make arrests based on your performance.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – on the spot, you will be given a 30-day, temporary license, and the police will take away your existing license. Meanwhile, the police are informing the DMV about the arrest, officially suspending your license.
- Arraignment: While under arrest, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: While all of the criminal proceedings are going on, 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 El Cajon DUI defense attorney will file pretrial potions, likely including some to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will communicate with the El Cajon prosecutor to find a plea deal that minimizes penalties for you. 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 we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case proceeds, you may face some form of sentence. 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 with any step of the legal process, on both the criminal defense and license side. Whatever stage in the process you're at, give us a call so that we can help!
El Cajon DUI: Fighting Criminal Cases vs. DMV Hearings
El Cajon, CA, DUI charges include two separate fights: The criminal case and the administrative case. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.
Here are some things you need to know about both, and insights into how we protect your freedom and ability to drive:
El Cajon, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Criminal cases, including DUIs, all follow the same basic process – 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 provide expert defense and fight against the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, argue against he officer's 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 El Cajon do not receive any jail sentence. Frequently, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
El Cajon, CA, DUI License Suspension
While your El Cajon 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 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, you can lose your license regardless of the outcome of the criminal case. Instead, the outcome of the DMV hearing hinges on 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. When you work with us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, you're out of options. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's important to contact a El Cajon DUI defense attorney immediately after an arrest.
DUI Punishments in El Cajon
CA DUI criminal penalties are a lot to face – while many are considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be up against, depending on the circumstances of the alleged offense:
| 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 El Cajon court, you have to endure several collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. Our DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's key to pick the right lawyer to defend you. Your team needs the expertise, history, and ties to secure a positive outcome for your case. The top El Cajon, CA, DUI defense attorneys will have all of the following:
- Experience: Ideally from multiple sides of the legal system. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and law enforcement, totalling more than 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can get a hold of us 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in El Cajon 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: Winners win. It's as simple as that. And we win, a lot. 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 in El Cajon
Whatever DUI charge you're up against in El Cajon, CA – the Law Offices of David S. Chesley is prepared for the charges.
Below are some of the DUI charges 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
Start Your Defense Today – Call Our El Cajon DUI Defense Attorneys TODAY
When you're up against El Cajon DUI charges, it feels like there's no space to breathe. You lose your license, they might try to do additional tests, you're told you have a court date…it's easy to be out of control. And that's why it's all the more important to call a DUI defense attorney right away.
Don't give the state a chance to put you behind bars. 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 defend you.
We're experts at defending all El Cajon, CA DUI charges. We're equipped with the tools to build your case now and will begin protecting your license and your freedom right away. Reach out to us now at (800) 755-5174 or tell us about your case online for a free consultation.
We also provide the following legal services in El Cajon, CA:
Payment Plans
