DUI Lawyer Fremont, CA

DUI Lawyer Fremont. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and in some cases, refusing can give you even worse penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.

Regardless of whether you're innocent or not, you don't want to be alone. 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 available to protect you in Fremont.

If you want to build an effective defense, you need to act now. Speak with one of our attorneys as soon as possible at (800) 755-5174 or send us a note online to start constructing your defense today.

Fremont, CA, DUI Lawyer Traffic Stop Tips:

Most people don't plan to be pulled over, but knowing how to handle the situation is important for all Fremont, CA, residents. Below are four tips from a Fremont, CA, DUI Lawyer for you which can protect you from arrests and charges:

Tip #1: Be Prepared With Your Documents
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By keeping these documents on hand, you stop yourself from appearing inebriated.

Tip #2: Don't Talk If Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have the right to remain silent both before and after an arrest. Even just saying "I only had two drinks" can work against you.

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
Resisting the police won't improve your case — it will come back to bite you. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.

What Happens After a DUI Arrest in Fremont?

California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, probably via field sobriety tests, then decide whether or not to arrest you based on that.

As soon as you're arrested, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:

1. 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.
2. 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.
3. DMV Hearing: While all of the criminal proceedings are going on, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
4. Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Fremont DUI defense attorney will be filing motions, including motions to suppress evidence, and a "blood split" motion to get a second test for your blood sample.
5. Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will negotiate with the Fremont prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if you end up on trial in front of a judge, your attorney should be refining a defense strategy now.
6. 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.
7. Sentencing/Sealing: Depending on how your case turns out, you may face consequences. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.

Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and driver's license side. Whatever stage in the process you're at, we have the experience to help you move towards a positive outcome!

DUIs in Fremont, CA and Criminal Cases vs. DMV Hearings

Fremont, CA, DUI charges include two separate fights: The criminal case and the license suspension. These are handled separately by the state, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.

Here are descriptions of both case categories, and insights into how we protect your liberty and vehicular rights:

Fremont, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Fremont, CA, legal system.

The general court process is the same as any other criminal case – 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 craft a staunch defense and dissect the allegations. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and hunt for other evidence that can exonerate you.

We know what it takes to keep DUI defense clients out of jail in Fremont, CA. For many clients, we'll contact the district attorney on their behalf and negotiate a charge reduction, 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.

Fremont, CA, DUI License Suspension

While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension is independent of the criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.

At the administrative hearing, you're not facing criminal charges. In fact, even if you receive a "not guilty" verdict, you can still lose 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 participate in tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll challenge 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 luck. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's essential to contact a Fremont DUI defense attorney without delay after the traffic stop.

Potential Penalties for a DUI in Fremont

Fremont, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, you could still end up with a year in jail, or six months for a first offense.

On this table, you can review the different penalties you could be facing, depending on the nature of the allegations:

You'll also be facing significant collateral consequences, such as more expenses on your 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.

These accusations can be intimidating, but they are not the end. Your Fremont, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight to keep you in the country, and guide you through your citizenship application.

After the Case: Expungement/Sealing

Whether your case ends in a conviction or an acquittal, odds are, you'll want to leave it in the past and move forward with your life. The bad news is 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 Fremont, CA, DUI defense lawyer can help you with these processes, and give you a path to clean your record.

Important Qualities You Need in a Fremont, CA DUI Attorney

Defending yourself against a DUI in Fremont? It's crucial to pick the right lawyer to defend your innocence. Your team needs the abilities, practice, and relationships to offer the best possible outcome for your case. When evaluating DUI lawyers in Fremont, CA, you want to judge the following:

1. Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 24/7.
2. 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.
3. 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. And we'd be proud to represent you as well.

DUI Case Types We Defend in Fremont

Criminal and administrative, whatever type of DUI charges you're fighting in Fremont, CA – all of our DUI defense attorneys are prepared for the charges.

This is a list of the DUI charges we can provide defenses for:

DUI Defense Tactics in Fremont, CA

Whatever type of charge you're facing, our Fremont, CA, DUI attorneys can help you fight it. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.

Contest the Legality of the Arrest
If law enforcement made a mistake while conducting their investigation, you might be able to secure a dismissal of the charges. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.

Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. We will look into any issues with how the equipment was stored or used, push for tests to be redone, and analyze the state's case to see if there was an error made in how your evidence was processed.

The discovery process is relevant to reviewing the testing records and other evidence.

Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. Our attorneys will review the footage and provide additional context for your performance, such as the stress of the situation.

Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. This may sound bad, but you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.

Timing is Critical – Speak With Our Fremont DUI Defense Attorneys NOW

After a DUI arrest, things move pretty fast. You lose your license, there could be interrogations, you're informed of a court date…it's easy to feel lost. With everything going on, your best way out is to get in touch with aFremont, CA, DUI lawyer now.

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 hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.

We're experts at defending all Fremont, CA DUI charges. We're prepared to start building your defense fast and will can fight for your license and your freedom immediately. Reach out to us now at (800) 755-5174 or tell us about your case online for a confidential case review.

We also provide the following legal services in Fremont, CA:

• Criminal Defense Lawyer