DUI Lawyer La Jolla. La Jolla DUI charges are very serious. You're not just facing the loss of your license; you're also facing jail time, fines, and other 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 there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
If you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is at your service.
We are CA's leading DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you work with us, you're getting a team of veteran defense attorneys who know how to protect you in the La Jolla, CA, court system and get you the best outcome possible.
Don't wait and let your chance slip away. Get a hold of us right away at (800) 755-5174 or contact us online to start building your defense today.
What Happens After a DUI Arrest in La Jolla?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, or if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, likely utilizing field sobriety tests, then arrest you based on your performance.
Right after your arrest, 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: Your license suspension can begin as soon as you're arrested – at that time, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, the police are contacting the DMV about your DUI arrest, officially suspending your license.
- Arraignment: While under arrest, you will go to court, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: As soon as you're released from jail, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Meanwhile, your La Jolla DUI defense lawyer will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will contact the La Jolla 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 building a defense now.
- Criminal Trial: Your case probably will not go to trial, but we're prepared to defend your license and freedom if it does.
- 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. For advice on any stage with your charges, our team has the knowledge to guide you forward!
La Jolla DUI Allegations and Criminal Cases vs. DMV Hearings
La Jolla, CA, DUI charges include two separate fights: The criminal case and the DMV case. In CA, these are always two separate processes, but when you hire the right attorney, they can defend you in both cases.
Here are things to watch out for with both cases, and how we fight to protect your freedom and driving privileges:
La Jolla, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
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 protect your rights and fight against the allegations. We'll question whether or not the traffic stop was legitimate, 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.
The vast majority of our DUI clients in La Jolla do not receive any jail sentence. For several cases, we'll negotiate a plea deal 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.
La Jolla, CA, DUI License Suspension
While your La Jolla criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, and 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, even if you receive a "not guilty" verdict, you can still lose your license. 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. When you work with us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you're out of options. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's crucial to contact a La Jolla DUI defense lawyer immediately after being arrested.
La Jolla DUI Sentences and Consequences
CA DUI criminal penalties are a lot to face – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be trying to avoid, depending on how exactly your charged and your history:
| 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 the La Jolla, CA legal sentence collateral consequences, such as more expenses on your insurance and barriers between you and professional licenses.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's essential to pick the right lawyer to defend you. Your team needs the abilities, history, and relationships to secure a positive outcome for your case. The top La Jolla, CA, DUI defense attorneys will have all of the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and law enforcement, totalling more than 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. Our team is prepared to help you 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in La Jolla and all throughout CA.
- 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 CA.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. 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 Against in La Jolla
Whatever DUI charge you're up against in La Jolla, CA – the Law Offices of David S. Chesley is prepared to defend you against the charges.
Here is a list of the DUI allegations we commonly 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
Timing is Critical – Call Our La Jolla DUI Defense Lawyers NOW
After a DUI arrest, it can be a whirlwind of legal processes. You lose your license, they might try to do additional tests, you're given a court date…it's easy to feel stressed out. In order to find a way out of all that, you need to call an attorney immediately.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all La Jolla, CA DUI charges. We're equipped with the tools to build your case right now and will work on a strategy to defend your license and your rights immediately. Get a hold of us now at (800) 755-5174 or fill out our contact form online for a free consultation.
We also provide the following legal services in La Jolla, CA:
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