DUI Lawyer Irvine. If you're up against a DUI in Irvine, it can feel overwhelming. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
When you're up against the CA legal system, you don't want to be alone. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are CA's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of former prosecutors who know how to defend your rights in the Irvine, CA, court system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Get a hold of us right away at (800) 755-5174 or tell us about your case online to start building your defense strategy today.
What Happens After a DUI Arrest in Irvine?
CA DUI Law allows an officer to arrest you even if you blow below the legal limit, or if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, likely via field sobriety tests, then arrest you based on that.
As soon as you're arrested, 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:
- Suspension: Your license suspension starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, the police are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
- 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: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Irvine DUI defense lawyer will be filing motions, including motions to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will work directly with the Irvine prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be crafting a strategy now.
- Criminal Trial: Your case probably will not go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on how your case turns out, you may face penalties. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and administrative side. No matter where you are in your case, our team has the knowledge to guide you forward!
Irvine DUI Allegations and Criminal Cases vs. DMV Hearings
Irvine, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.
Here are the key things to be aware of for each, and ways we defend your liberty and ability to drive:
Irvine, 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 – 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 craft a staunch defense and attack the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can tell a different story.
We have an extremely strong track record of clients who have avoided jail time. For several cases, we'll get the prosecutor to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoargue for probation to maintain your freedom.
Irvine, CA, DUI License Suspension
While your Irvine criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the hearing is to determine if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to blow, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of options. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's critical to contact a Irvine DUI defense lawyer as soon as you can after an arrest.
DUI Punishments in Irvine
CA DUI criminal penalties are a lot to face – while many are considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be facing, depending on the nature of the allegations:
| 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 |
On top of whatever sentence you receive in Irvine court, you have to endure several collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. However, 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. A DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
Top DUI Defense Attorneys in Irvine: What You Need to Know
Up against DUI charges? It's crucial to pick the right lawyer to defend you. Your team needs the expertise, practice, and relationships to find the best outcome for your case. When looking for a DUI defense lawyer in Irvine, CA, look for these signs:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police, totalling more than 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our team is prepared to help you 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our firm has experience working with the prosecutors in Irvine and all throughout CA.
- 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 CA.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Defend in Irvine
Whatever DUI charge you're up against in Irvine, CA – our DUI defense team is prepared to battle against the charges.
Here are some of the DUI allegations we typically 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
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI and Professional Licenses in California
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI Probation Violation
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Penalties
- 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
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Street Racing
- Second Time DUI
- Third DUI California
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
Don't Wait – Call Our Irvine DUI Defense Lawyers TODAY
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. Your license disappears, you might be interrogated, you're told you have a court date…it's easy to feel stressed out. And that's why it's all the more important to call an attorney immediately.
Don't wait for the prosecution to build a case against you. Don't miss your chance for a DMV administrative hearing to protect your license. 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 Irvine, CA DUI charges. We're prepared to start building your defense today and will start safeguarding your license and keep you out of jail as soon as you call. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a free, confidential consultation.
We also provide the following legal services in Irvine, CA:
Payment Plans
