DUI Lawyer Fullerton. Fullerton DUI charges are very serious. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you're facing these types of charges in CA, you need someone in your corner. Trying to navigate the laws and the courts is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is just a call away in Fullerton, CA.
If you want to build an effective defense, you need to act now. Get in touch as soon as possible at (800) 755-5174 or tell us about your charges online to start putting together your case's defense today.
Fullerton, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but it's still important to know how to handle a traffic stop. Below are four tips from a Fullerton, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. But if you don't need to search for them, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have Fifth Amendment protections during any form of questioning. 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: Be Polite and Don't Argue
Arguing with the officer won't help — it will make things worse. This is about more than just avoiding an arrest in the short term; it also aids 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 Fullerton?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't undergo any tests at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely with field sobriety tests, then make judgements based on your performance.
Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. Most DUI cases in Fullerton, CA, follow this progression:
- 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: As soon as you're released from jail, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: Most people accused of DUIs in Fullerton, CA, are able to secure pretrial release, although they'll likely need to pay bail. Between your potential release and the trial, your Fullerton DUI defense lawyer will file pretrial motions, likely including some to throw out illegal evidence, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense lawyer will speak with the Fullerton district attorney 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 refining a defense strategy now.
- Criminal Trial: It's rare that a DUI case will go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face a punishment. 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 you with advice on the best way to move forward, on both the criminal defense and DMV side. Whatever stage in the process you're at, our team has the knowledge to guide you forward!
Fullerton DUI: Fighting Criminal Cases vs. DMV Hearings
Fullerton, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. 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 how we fight to protect your justice and right to drive:
Fullerton, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Fullerton, CA, court.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 build your defense and fight against the allegations. We'll debate the legality of the traffic stop, display flaws in the officer's analysis, look for faults in laboratory examinations, and see if there's anything the police missed that can result in a not guilty plea.
We know what it takes to keep DUI defense clients out of jail in Fullerton, CA. In many cases, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
Fullerton, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. 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 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. These hearings have serious consequences that require an expert Fullerton, CA, DUI lawyer to navigate. At the hearing, we'll argue over 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 any more chances to arrange for that hearing. This is why it's critical to contact a Fullerton DUI defense lawyer promptly after being arrested.
Sentence You Could Face for a DUI in Fullerton, CA
Fullerton, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be looking 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 |
You'll also be facing significant collateral consequences, such as elevated insurance costs 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.
If you're a United States immigrant facing a DUI, you need to stay in the country and contact a Fullerton, CA, immigration lawyer immediately. 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 assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you'll want to get back to life as normal, before the charges. It doesn't take long to realize, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Fullerton, CA, 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 Fullerton: What You Need to Know
Accused of a DUI in Fullerton? It is essential to pick the right lawyer to represent you. Your team needs the proficiency, practice, and relationships to provide the optimal outcome for your case. When you speak with Fullerton, CA, DUI attorneys about your case, ask them about the following:
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can speak with one of our team members 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: Having a good reputation as someone who secures positive outcomes for clients is essential. We are proud to be respected amongst our peers 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 Fight in Fullerton
Criminal and administrative, whatever type of DUI charges you're fighting in Fullerton, CA – our DUI defense attorneys are prepared to defend you against the charges.
Here are some of the DUI case types we can provide defenses for:
- 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 Fullerton, CA
Whatever type of charge you're facing, our Fullerton, CA, DUI attorneys can help you fight it. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.
Challenge the Legitimacy of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, 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 Blood, Breath, and/or Urine Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will look into any issues with how the equipment was stored or used, introduce alternative evidence when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are standard practice for police officers to use. But these tests are subjective. An experienced Fullerton, CA, DUI attorney will know how to dissect any records and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. While this is can be difficult to overcome, there are still ways to fight it. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Get Rapid Assistance – Call Our Fullerton DUI Defense Attorneys NOW
If you've been arrested or accused of a DUI in Fullerton, CA, it can feel like you barely have a chance to think. Your license disappears, there could be interrogations, you're told you have a court date…it's easy to be like there's no way forward. Your path forward begins when you hire an attorney right away.
Don't give up and let the district attorney win. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Fullerton, CA DUI charges. We're equipped with the tools to build your case now and will begin protecting your license and your liberty now. Reach out to us now at (800) 755-5174 or tell us about your charges online for a no strings attached case review.
We also provide the following legal services in Fullerton, CA:
