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DUI Lawyer Mission Viejo, CA

DUI Lawyer Mission Viejo. If you're up against a DUI in Mission Viejo, it can feel overwhelming. Your ability to drive isn't the only thing at risk; 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.

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 challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to defend you.

We are CA's best DUI defense lawyers and have successfully fought countless DUI charges. When you work with us, you're getting a team of veteran defense attorneys who know how to navigate the Mission Viejo, CA, legal system and get you the best outcome possible.

Don't wait and let your chance slip away. Get a hold of us now at (800) 755-5174 or contact us online to start building your defense today.


What Happens After a DUI Arrest in Mission Viejo?

CA DUI Law allows an officer to arrest you without a BAC level over the 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 utilizing field sobriety tests, then make arrests based on the results.

Once this happens, 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: Your license suspension can start the minute the officer arrests you – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, they are informing the DMV about the arrest, officially suspending your license.
  2. Arraignment: At some point when you're in jail, you will be brought before a judge, and a prosecutor will give you a formal notice of the charges you're facing.
  3. DMV Hearing: Separate from the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
  4. Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the meantime, your Mission Viejo DUI defense attorney will file motions to strengthen your defense, such as ones to suppress unlawfully collected evidence, and a "blood split" motion to get a second test for your blood sample.
  5. Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will communicate with the Mission Viejo prosecutor to avoid a trial with a plea deal that protects you. But if the case goes to trial, your attorney should be building a defense now.
  6. Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
  7. Sentencing/Sealing: Depending on the outcome 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 license side. For advice on any stage with your charges, our team has the knowledge to guide you forward!



Defending Against Mission Viejo DUIs: Criminal Cases vs. DMV Hearings

Mission Viejo, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. Different CA organizations cover each of these aspects, 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 ways we defend your freedom and ability to drive:

Mission Viejo, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.

Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.

At the Law Offices of David S. Chesley, we build your defense and attack the charges. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can result in a not guilty plea.

We have an extremely strong track record of clients who have avoided jail time. In many 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.

Mission Viejo, CA, DUI License Suspension

On the other side of a Mission Viejo DUI charge is the DMV and your license suspension. This suspension goes into effect automatically, 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, you can lose your license regardless of the outcome of the criminal case. 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 alcohol tests, 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.

If you miss that ten-day deadline, 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 important to contact a Mission Viejo DUI defense attorney right away after an arrest.



Potential Penalties for a DUI in Mission Viejo

CA DUI criminal penalties are intimidating – while many are considered misdemeanors, you could still end up with 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 the circumstances of the alleged offense:

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

You'll also be facing significant collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.

After the Case: Expungement/Sealing

Whether you're found guilty or not guilty, you'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, it might be possible to either expunge or seal your records. A DUI defense lawyer can help you with these processes, and give you a chance to clean your record.

Top DUI Defense Attorneys in Mission Viejo: What You Need to Know

No matter what DUI alleges you've been charged with, it's crucial to pick the right lawyer to defend you. Your team needs the expertise, experience, and ties to find the best outcome for your case. When looking for a DUI defense lawyer in Mission Viejo, CA, look for these signs:

  1. Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police, totalling over 50 years of experience.
  2. Availability: So that you can get help right away when you need it. You can get a hold of us 24/7.
  3. Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Mission Viejo and all throughout CA.
  4. Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
  5. Track Record of Success: At the end of the day, results matter. And our results are great. In fact, 95% of our DUI cases result in no jail time.

Our recent DUI Case results speak for themselves. We want you to be our next success story.


Call our DUI Lawyers today for a free consult.


DUI Case Types We Defend in Mission Viejo

Criminal and administrative, whatever type of DUI charges you're fighting in Mission Viejo, CA – our DUI defense team is prepared to defend you against the charges.

Here are some of the DUI charges we commonly defend:


Don't Wait – Call Our Mission Viejo DUI Defense Attorneys NOW

When you're up against Mission Viejo DUI charges, things move pretty fast. You lose your license, there could be interrogations, you're given a court date…it's easy to feel out of control. With everything going on, your best way out is to hire a lawyer immediately.

Don't give the state a chance to put you behind bars. 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 Mission Viejo, CA DUI charges. We're ready to take on your case now and will begin protecting your license and keep you out of jail immediately. Call us now at (800) 755-5174 or get in touch online for a free, confidential consultation.

We also provide the following legal services in Mission Viejo, CA:

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Recent Results

  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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