DUI Lawyer Hemet. If you're up against a DUI in Hemet, it can feel overwhelming. This isn't just an administrative issue; 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 while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you find yourself in this situation, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of veteran defense attorneys who know how to operate the Hemet, CA, justice system and find the best result for your case.
Acting fast is key to protecting your freedom and license. Get in touch today at (800) 755-5174 or tell us about your case online to start building your case's defense today.
Hemet, 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 Hemet, CA, residents. Below are four tips from a Hemet, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. By following this tip, you avoid that risk.
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. Trying to explain away the smell of alcohol will probably just get you in more trouble.
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
Arguing with the officer won't improve your case — it can end up making your case harder to defend. This doesn't just help you get through the traffic stop; it also aids 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 Hemet?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. The police can use other methods to determine whether or not you were safe to drive, likely through field sobriety tests, then decide whether or not to arrest you based on the results.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- 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: While all of the criminal proceedings are going on, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Meanwhile, your Hemet DUI defense attorney will laying the groundwork of your defense through motions to review the arrest footage, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will contact the Hemet 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 preparing now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on the outcome of your case, you may face sanctions. 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 help you out, no matter where you are in the process, on both the criminal defense and license side. If you're facing a potential conviction, the Law Offices of David S. Chesley are here for you!
Hemet, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Hemet, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. These will never be handled in the same hearing, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are the key things to be aware of for each, and ways we defend your liberty and right to drive:
Hemet, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Your DUI case will typically go through the same process as any other criminal charge – 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 push back against the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and look for evidence that can present an alternate narrative.
The vast majority of our DUI clients in Hemet do not receive any jail sentence. For several cases, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Hemet, 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.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back 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 alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, 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, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get another chance to arrange for that hearing. This is why it's vital to contact a Hemet DUI defense lawyer promptly after the arrest.
Potential Penalties for a DUI in Hemet
Hemet, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be looking to avoid, depending on the circumstances of the alleged offense:
| Formal DUI 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 |
Beyond the Hemet, CA legal sentence collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
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.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Hemet, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs and plea deals that can keep a DUI off your record, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. The bad news is that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Hemet, CA, DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
Important Qualities You Need in a Hemet, CA DUI Attorney
Up against DUI charges? It's key to pick the right lawyer to take your case. Your team needs the talent, history, and relationships to offer the best possible outcome for your case. The top Hemet, CA, DUI defense attorneys will have all of 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: Not just with clients and friends, but also amongst their peers. 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 Take On in Hemet
Whatever DUI charge you're up against in Hemet, CA – our DUI defense team is prepared for the charges.
Here are some of the DUI cases we regularly 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
- 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 Hemet, CA
If you want to craft an effective defense strategy, our Hemet, CA, DUI lawyers are here to help. While there are many effective legal strategies available, picking the right one can make all the difference.
Contest the Legality of the Traffic Stop
If the police did not follow proper procedure while stopping and examining you, you might be able to secure a dismissal of the charges. This defense is effective if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Flaws in Blood, Breath, and/or Urine Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. We will investigate whether or not the procedure was followed when administering the tests, retest when possible, and advocate for you during the discovery process to identify flaws in the state's evidence.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But these tests are subjective. We will audit the test records and point out situations where law enforcement unfairly failed our clients on these tests.
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. This may sound bad, but it's not the end of your case. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Don't Wait – Call Our Hemet DUI Defense Attorneys TODAY
Hemet, CA, DUI accusations are serious. After an arrest, it can be a whirlwind of legal processes. You lose your right to drive, there could be interrogations, you get a court date…it's easy to feel lost. To fight through the allegations, your first step is to contact a lawyer immediately.
Don't let the state decide how your case will go. 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 Hemet, CA DUI charges. We're equipped with the tools to build your case now and will start protecting your driving privileges and your rights as soon as you call. Reach out to us now at (800) 755-5174 or let us know what you need online for a free consultation.
We also provide the following legal services in Hemet, CA:
