DUI Lawyer Escondido. Escondido DUI charges are very serious. Your ability to drive isn't the only thing at risk; you're up against thousand dollar fines, years in jail, and more. Declining a breathalyzer or blood test on its own can result in charges, and that can even result in tougher 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 fight against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to defend you.
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 navigate the Escondido, CA, legal system and get you the best outcome possible.
Don't wait and let your chance slip away. Get in touch today at (800) 755-5174 or tell us about your case online to start constructing your defense strategy today.
What Happens After a DUI Arrest in Escondido?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, or if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, likely via field sobriety tests, then make arrests based on that.
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 can begin as soon as you're arrested – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, the police are contacting the DMV about your DUI arrest, beginning the formal suspension.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- 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: In most DUI cases, you'll be released in some capacity pending a trial. In the interim, your Escondido DUI defense attorney will be filing motions, including motions to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will work directly with the Escondido prosecutor to try and secure a favorable deal before a trial. But if it does go to trial, your attorney should be preparing now.
- Criminal Trial: Only a small percentage of DUI charges 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 turns out, 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. Whatever stage in the process you're at, we have the experience to help you move towards a positive outcome!
Defending Against Escondido DUIs: Criminal Cases vs. DMV Hearings
Escondido, CA, DUI charges include two separate fights: The criminal case and the DMV case. In CA, these are always two separate processes, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and ways we defend your liberty and license:
Escondido, 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 – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pre-trial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we defend your freedom and push back against the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, argue against he officer's observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can result in a not guilty plea.
The vast majority of our DUI clients in Escondido do not receive any jail sentence. Often, 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.
Escondido, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect automatically, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. 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 blow, 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.
Outside of that ten-day window, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's critical to contact a Escondido DUI defense attorney as soon as you can after being arrested.
DUI Punishments in Escondido
CA DUI criminal penalties are a lot to face – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be facing, 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 |
Beyond the Escondido, CA legal sentence collateral consequences, such as more expenses on your insurance and barriers between you and professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. However, your arrest and/or criminal record keeps coming up and getting in your way. 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 an opportunity to clean your record.
Top DUI Defense Attorneys in Escondido: What You Need to Know
When you're facing DUI charges, it's essential to pick the right lawyer to defend you. Your team needs the abilities, history, and ties to provide the optimal outcome for your case. Here are the main things to look for in your Escondido, CA, DUI defense lawyer:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police, totalling more than 50 years of experience.
- Availability: So that you can get help right away when you need it. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in Escondido and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades 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're ready to add you to our list of success stories.
DUI Case Types We Defend in Escondido
Whatever DUI charge you're up against in Escondido, CA – our DUI defense attorneys are prepared for the charges.
Here is 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
- 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 Escondido DUI Defense Lawyers RIGHT AWAY
When you're up against Escondido DUI charges, it feels like there's no space to breathe. The police officer takes your license, they might try to do additional tests, you're told you have a court date…it's easy to feel stressed out. And that's why it's all the more important to hire a DUI defense attorney right away.
Don't sit by and watch the evidence mount against you. Don't lose your license because you missed the DMV hearing window. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Escondido, CA DUI charges. We're prepared to start building your defense now and will begin protecting your license and your rights right away. Call us now at (800) 755-5174 or set up an appointment online for a free consultation.
We also provide the following legal services in Escondido, CA:
Payment Plans
