DUI Lawyer La Mesa, CA

DUI Lawyer La Mesa. If convicted, a DUI can permanently change your life for the worse. This isn't just an administrative issue; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.

If the La Mesa, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is just a call away in La Mesa, CA.

Take too long to start your defense, and you could miss your chance. Call right away at (800) 755-5174 or tell us about your case online to start putting together your case's defense today.

La Mesa, CA, DUI Lawyer Traffic Stop Tips:

Traffic police are just a part of driving. It's not exciting, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a La Mesa, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:

Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. By following this tip, you avoid that risk.

Tip #2: Be Silent When Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during any form of questioning. Protect yourself by keeping quiet until your lawyer arrives.

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
Being rude 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: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which may help justify an arrest.

What Happens After a DUI Arrest in La Mesa?

California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, likely via field sobriety tests, then make judgements based on that.

If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:

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: Independant of the criminal charge process, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
4. Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. While you're waiting for the trial, your La Mesa DUI defense lawyer will laying the groundwork of your defense through motions to suppress evidence, and a "blood split" motion to retest your blood sample.
5. Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will bargain with the La Mesa prosecutor to try and secure a favorable deal before a trial. But if it does go to trial, your attorney should be refining a defense strategy now.
6. Criminal Trial: Your case probably will not 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 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 administrative side. Whatever stage in the process you're at, the Law Offices of David S. Chesley are here for you!

La Mesa, CA, DUI Differences: Criminal Cases vs. DMV Hearings

La Mesa, CA, DUI charges are always a two-pronged challenge: The criminal case and the license suspension. Different CA organizations cover each of these aspects, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.

Here are the key things to be aware of for each, and our process for defending your justice and right to drive:

La Mesa, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to La Mesa, CA, court.

If you're familiar with the process of other criminal charges, DUI cases follow the same format – 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 present reasonable doubt and discredit the charges. We'll deconstruct the traffic stop, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can tell a different story.

If you're facing jail time in La Mesa, CA, our attorneys can help you avoid it. For many clients, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.

La Mesa, CA, DUI License Suspension

Meanwhile, you need to worry about the DMV and your license suspension. This suspension doesn't wait for your 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, 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 blow, whether or not you were properly informed of the consequences. When you work with us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.

If the tenth day since the arrest has passed, though, the suspension is probably hear to stay. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's essential to contact a La Mesa DUI defense attorney right away after the arrest.

Potential Penalties for a DUI in La Mesa

La Mesa, 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 looking to avoid, depending on the nature of the allegations:

You'll also be facing significant collateral consequences, such as elevated insurance costs 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.

If any of the above situations apply to you, don't panic: Call one of our La Mesa, CA, immigration lawyers to get immediate help. 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 that will protect you from the harshest outcomes, fight against removal proceedings, 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. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in La Mesa, CA, our DUI lawyers will also fight to protect you in this way, and give you a way to clean your record.

When You're Picking a La Mesa, CA, DUI Lawyer, Consider These Factors

Up against DUI charges? It's imperative to pick the right lawyer to fight for you. Your team needs the expertise, history, and ties to give you opportunities for a positive outcome for your case. When you speak with La Mesa, CA, DUI attorneys about your case, ask them about the following:

1. Availability: You should be able to get help fast, whenever you need it. You can speak with one of our team members 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: Both in the community and in the legal sphere. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.

Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.

DUI Case Types We Fight in La Mesa

Whatever DUI charge you're up against in La Mesa, CA – our DUI defense attorneys are prepared stand by you against the charges.

Below, you can review a list of the DUI charges we frequently defend:

DUI Defense Tactics in La Mesa, CA

Every DUI case needs a defensive strategy, and our La Mesa, CA DUI defense lawyers are here to help you find the right one. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.

Contest the Legitimacy of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can challenge the evidence, and even the legitimacy of the case itself. 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.

Show Issues With BAC Tests
Many DUI cases center around a blood-alcohol content test. We will investigate whether or not the procedure was followed when administering the tests, re-examine the evidence to look for alternate explanations, and find any other mistakes law enforcement made that could exonerate you.

The discovery process is relevant to reviewing the testing records and other 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 ultimately, these are judgment calls on the part of the officer. 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
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was .08 or higher. While this is can be difficult to overcome, there are still ways to fight it. 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.

Timing is Critical – Contact Our La Mesa DUI Defense Lawyers RIGHT AWAY

When you're up against La Mesa DUI charges, you'll hardly get a chance to catch your breath. Your license is suspended, law enforcement might try to do additional tests, you're told you have a court date…it's easy to be out of control. What you need to do is call aLa Mesa, CA, DUI attorney now.

Don't let the state decide how your case will go. 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 defend you.

We're experts at defending all La Mesa, CA DUI charges. We're standing by to answer your call today and will start protecting your driving privileges and keep you out of jail as soon as you call. Talk to one of our team members now at (800) 755-5174 or let us know what you need online for a free case review.

We also provide the following legal services in La Mesa, CA:

• Criminal Defense Lawyer