DUI Lawyer Highland, CA

DUI Lawyer Highland. DUI law in Highland is complex. You're not just facing the loss of your license; if you're facing years in prison for a repeat offense, your car is the least of your worries. Declining a breathalyzer or blood test on its own can result in charges, and the consequences you face might be even worse than a DUI conviction. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.

If the Highland, CA, district attorney is coming after you, you should consult with an expert to find your best path forward. Trying to defeat the allegations is a fight you want backup for, which is why the Law Offices of David S. Chesley is at your service.

We are California's top DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you hire us, you're getting a team of legal experts who know how to fight for you in the Highland, CA, judicial system and provide paths to positive outcomes.

Acting fast is key to protecting your freedom and license. Speak with one of our attorneys 24/7 at (800) 755-5174 or send us a note online to start crafting your defense today.

Highland, CA, DUI Lawyer Traffic Stop Tips:

We'd all love to drive without any risk of being pulled over, but it's still important to know how to handle a traffic stop. Here are four tips from a Highland, CA, DUI Lawyer for you that will guide you through your next traffic stop:

Tip #1: Keep Your Documents Together
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. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.

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 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: Respect the Law Enforcement Officer
Refusing to cooperate with the police won't improve your case — it can end up making your case harder to defend. 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 could contribute to their probable cause to arrest you.

What Happens After a DUI Arrest in Highland?

California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you refuse to be tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often utilizing field sobriety tests, then arrest you based on your performance.

If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:

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: As soon as you're released from jail, 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: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your Highland DUI defense lawyer will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
5. Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense lawyer will contact the Highland prosecutor 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 building a defense now.
6. Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but just in case it does, our team always crafts a trial-ready defense.
7. 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 can explore record clearing options with our lawyers.

Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. If you're facing a potential conviction, we have the experience to help you move towards a positive outcome!

Defending Against Highland DUIs: Criminal Cases vs. DMV Hearings

Highland, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. This will always require two separate defenses, but both cases can be fought by the same DUI defense lawyer.

Here are descriptions of both case categories, and ways we defend your liberty and license:

Highland, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.

The general court process is the same as any other criminal case – 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 present reasonable doubt and push back against the supposed wrongdoing. We'll examine the lawfulness of the traffic stop, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can exonerate you.

The vast majority of our DUI clients in Highland do not receive any jail sentence. Frequently, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work out probation over jail or prison time.

Highland, 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 in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.

It's typical for the criminal case to be, by and large, separate from the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, this administrative hearing is focused on if 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. When you hire us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.

If it's been more than ten days after your arrest, though, the suspension is probably hear to stay. Outside of rare cases, you don't get any more chances to arrange for that hearing. This is why it's vital to contact a Highland DUI defense attorney as soon as you can after being arrested.

Punishments After a DUI Conviction in Highland, CA

Highland, CA, DUI criminal penalties can permanently affect your life – while many are considered 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 trying to avoid, depending on the circumstances of the alleged offense:

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.

A DUI accusation doesn't have to end your time in the United States. You can get help from your Highland, CA, immigration lawyer. 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 to protect your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.

After the Case: Expungement/Sealing

Whether you're found guilty or not guilty, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record can stick with you. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Highland, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a chance to clean your record.

How to Pick the Right DUI Defense Lawyer

Up against DUI charges? It's imperative to pick the right lawyer to take your case. Your team needs the expertise, background, and relationships to provide the optimal outcome for your case. The top Highland, CA, DUI defense attorneys will have all of 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: 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. And we'd be proud to represent you as well.

DUI Case Types We Fight in Highland

Whatever DUI charge you're up against in Highland, CA – the Law Offices of David S. Chesley is prepared help you navigate the charges.

Here are some of the DUI charges we regularly defend:

DUI Defense Strategies in Highland, CA

Whatever type of charge you're facing, our Highland, 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.

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 relevant if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.

Show Issues With Chemical Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any issues with how the equipment was stored or used, retest when possible, and find any other mistakes law enforcement made that could exonerate you.

Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and provide additional context for your performance, such as the stress of the situation.

Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. Even though this is harder to fight, we won't give up yet. We can examine your diet and medical conditions to find alternative explanations.

Start Your Defense Today – Contact Our Highland DUI Defense Lawyers NOW

Highland, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. Your license disappears, a law enforcement official might be asking you hard questions, you're given a court date…it's easy to feel lost. What you need to do is speak to a lawyer now.

Don't sit by and watch the evidence mount against you. Don't lose your ability to drive without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to represent you.

We're experts at defending all Highland, CA DUI charges. We're available to help today and will can fight for your license and your freedom now. Call us now at (800) 755-5174 or let us know what you need online for a confidential consultation.

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

• Criminal Defense Lawyer