DUI Lawyer Hesperia. DUI law in Hesperia is complex. Your ability to drive isn't the only thing at risk; if you're facing years in prison for a repeat offense, your car is the least of your worries. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
If the Hesperia, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
Take too long to start your defense, and you could miss your chance. Call now at (800) 755-5174 or contact us online to start crafting your case's defense today.
Hesperia, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but it's still important to know how to handle a traffic stop. Here are four tips from a Hesperia, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. When you're already prepared to give them to the officer, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent during the entirety of your interactions with the law. 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: Treat the Officer Respectfully
Acting belligerent and uncooperative won't help — it will increase your chances of getting in trouble. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Hesperia?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, probably utilizing field sobriety tests, then decide whether or not to arrest you based on how you do.
If you've been placed under arrest, 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: 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: Separate from the criminal charges, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Hesperia DUI defense lawyer will building the framework of your defense and filing motions to review the arrest footage, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will work directly with the Hesperia district attorney to find a plea deal that minimizes penalties for you. But if the prosecutor won't give you a favorable offer, your attorney should be crafting a strategy now.
- Criminal Trial: Most DUI cases won't 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 penalties. 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 you with advice on the best way to move forward, on both the criminal defense and license side. For advice on any stage with your charges, you can start with a call to our offices!
DUIs in Hesperia, CA and Criminal Cases vs. DMV Hearings
Hesperia, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are things to watch out for with both cases, and ways we defend your freedom and driving privileges:
Hesperia, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Hesperia, CA, court.
The general court process is the same as any other criminal case – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we provide expert defense and push back against the criminal accusations. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show you are not guilty.
We have an extremely strong track record of clients who have avoided jail time in Hesperia, CA. Frequently, we'll work out a plea for reduced 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.
Hesperia, CA, DUI License Suspension
Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension goes into effect automatically, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
The criminal charges are not always relevant in the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. 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 cooperate when the officer tried to test you, 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 you waited too long and it's past the deadline to request a hearing, though, the suspension is probably hear to stay. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's vital to contact a Hesperia DUI defense lawyer as soon as you can after being arrested.
Hesperia DUI Sentences and Consequences
Hesperia, CA, DUI criminal penalties can permanently affect your life – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be facing, depending on what your charges are:
| 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 any sentence that a judge in Hesperia, CA, sentences you to, you also need to worry about collateral consequences, such as more expenses on your insurance and roadblocks when applying for 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 Hesperia, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs with alternatives to criminal sentencing, fight against removal proceedings, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Fortunately, if you're in Hesperia, CA, our DUI lawyers will also fight to protect you in this way, and give you a way to clean your record.
Top DUI Defense Attorneys in Hesperia: What You Need to Know
No matter what DUI allegations you've been charged with, it's crucial to pick the right lawyer to defend you. Your team needs the skills, history, and connections to secure a positive outcome for your case. When you speak with Hesperia, CA, DUI attorneys about your case, ask them about the following:
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 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. 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. If you're ready to join our list of successes, call now.
DUI Case Types We Take On in Hesperia
Criminal and administrative, whatever type of DUI charges you're fighting in Hesperia, CA – your DUI defense lawyer from our team prepared help you navigate the charges.
Below are some of the DUI case types we frequently 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 Hesperia, CA
If you want to craft an effective defense strategy, our Hesperia, CA, DUI lawyers are here to help. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, your case could be thrown out on legal grounds. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will investigate whether or not the procedure was followed when administering the tests, push for tests to be redone, and highlight any errors in the chain of custody.
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. An experienced Hesperia, CA, DUI attorney will know how to dissect any records and provide alternate explanations for your performance.
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 .08 or higher. This may sound bad, but it's not the end of your case. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Get Immediate Help – Contact Our Hesperia DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, things move pretty fast. Your license is suspended, a law enforcement official might be asking you hard questions, you're told you have a court date…it's easy to feel stressed out. Your path forward begins when you speak to aHesperia, CA, DUI attorney right away.
Don't wait for the prosecution to build a case against you. Don't wait too long and lose your driving privileges. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Hesperia, CA DUI charges. We're prepared to start building your defense fast and will work on a strategy to defend your license and your freedom immediately. Speak with a lawyer now at (800) 755-5174 or set up an appointment online for a no-obligation case review.
We also provide the following legal services in Hesperia, CA:
