DUI Lawyer Hayward, CA

DUI Lawyer Hayward. If convicted, a DUI can permanently change your life for the worse. Besides losing your license, there's a lot at stake; criminal charges can result in prison, fines, and additional harsh penalties. You can face DUI charges even for just refusing to take the tests, and in some cases, refusing can give you even worse penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.

If you're facing these types of charges in CA, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Hayward, CA.

If you wait too long to build a defense, it could become too late. Call now at (800) 755-5174 or tell us how we can help online to start crafting your defense today.

Hayward, CA, DUI Lawyer Traffic Stop Tips:

Nobody gets excited when they see red and blue flashing lights behind them, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Hayward, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:

Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. When you're already prepared to give them to the officer, you avoid that risk.

Tip #2: Be Silent When Alcohol Is Smelled
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. 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
Resisting the police won't improve your case — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may come back up later in court.

What Happens After a DUI Arrest in Hayward?

California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even 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 via field sobriety tests, then make judgements based on that.

Once you've been arrested, the CA legal system starts moving towards both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:

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: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
4. Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Meanwhile, your Hayward DUI defense attorney will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
5. Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will bargain with the Hayward prosecutor to find a positive outcome for you that avoids a trial through a plea deal. But if it does go to trial, your attorney should be crafting a strategy now.
6. Criminal Trial: It's rare that a DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
7. Sentencing/Sealing: Depending on how your case turns out, you may face some form of sentence. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.

Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. If you need help today, the Law Offices of David S. Chesley are here for you!

Defending Against Hayward DUIs: Criminal Cases vs. DMV Hearings

Hayward, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.

Here are important factors for both case types, and our process for defending your freedom and vehicular rights:

Hayward, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.

Criminal cases, including DUIs, all follow the same basic process – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.

At the Law Offices of David S. Chesley, we build your defense and discredit the criminal accusations. We'll debate the legality of the traffic stop, demonstrate any present errors in the police officer's judgement, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can result in a not guilty plea.

We know what it takes to keep DUI defense clients out of jail in Hayward, CA. For several cases, 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.

Hayward, 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 doesn't wait for your criminal case, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.

In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the focus of this hearing is whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll work to undermine 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 back immediately. Outside of rare cases, you don't get a second chance to arrange for that hearing. This is why it's essential to contact a Hayward DUI defense lawyer without delay after the traffic stop.

Hayward DUI Sentences and Consequences

Hayward, CA, DUI criminal penalties can be harsh – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.

Below, we've listed the different penalties you could be facing, depending on the allegations you're facing:

Beyond any sentence that a judge in Hayward, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates and barriers between you and professional licenses.

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 Hayward, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs that can protect you from a conviction, fight against removal proceedings, and offer expert advice as you apply for citizenship.

After the Case: Expungement/Sealing

Whether your case ends in a conviction or an acquittal, you're liking looking forward to putting this all behind you. It doesn't take long to realize, though, that 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. Fortunately, if you're in Hayward, CA, our DUI lawyers will also fight to protect you in this way, and give you a way to clean your record.

How to Pick the Right DUI Defense Lawyer

No matter what DUI allegations you've been charged with, it's essential to pick the right lawyer to defend your innocence. Your team needs the expertise, preparation, and connections to offer the best possible outcome for your case. When you speak with Hayward, CA, DUI attorneys about your case, ask them about the following:

1. Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. You can get a hold of us 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. We want you to be our next success story.

DUI Case Types We Defend Against in Hayward

Whatever type of DUI charge you need help with in Hayward, CA – our DUI defense attorneys are prepared help you navigate the charges.

Here is a list of the DUI case types we typically defend:

DUI Defense Tactics in Hayward, CA

If you want to craft an effective defense strategy, our Hayward, CA, DUI lawyers are here to help. While there are many effective legal strategies available, picking the right one can make all the difference.

Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.

Flaws in Blood, Breath, and/or Urine 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 investigate any possible errors that were made when you took the test, introduce alternative evidence when possible, and find any other mistakes law enforcement made that could exonerate you.

Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. Our attorneys will review the footage and show whether or not you were fairly judged.

Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, 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 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 Hayward DUI Defense Attorneys TODAY

If you've been arrested or accused of a DUI in Hayward, CA, it feels like there's no space to breathe. Your license is suspended, there could be interrogations, you're informed of a court date…it's easy to be out of control. Your path forward begins when you speak to a lawyer right away.

Don't give up and let the district attorney win. 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 fight for you.

We're experts at defending all Hayward, CA DUI charges. We can promptly review your DMV notice, evidence and custody status, then discuss available defense and release options. The outcome depends on your case. Call us now at (800) 755-5174 or tell us about your case online for a no-obligation case review.

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

• Criminal Defense Lawyer