DUI Lawyer Moorpark. Moorpark DUI charges are very serious. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. CA law also prohibits you from refusing to take a DUI test, and in some cases, refusing can give you even worse penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is at your service.
We are CA's best DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of legal experts who know how to protect you in the Moorpark, 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 send us a note online to start building your defense strategy today.
What Happens After a DUI Arrest in Moorpark?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, or 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, probably via field sobriety tests, then arrest you based on your performance.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can begin as soon as you're arrested – you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, the police are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: After your arrest and before your release, you will go to court, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: While all of the criminal proceedings are going on, 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 Moorpark DUI defense lawyer will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will communicate with the Moorpark prosecutor to try and secure a favorable deal before a trial. But if the case goes to 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 some form of sentence. 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 DMV side. No matter where you are in your case, give us a call so that we can help!
Defending Against Moorpark DUIs: Criminal Cases vs. DMV Hearings
Moorpark, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the administrative case. These are handled separately by the state, 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:
Moorpark, 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 – 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 build your defense and push back against the charges. 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 look for evidence that can exonerate you.
With our defense strategies, we are almost always successful at protecting our clients from jail time. Frequently, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoargue for probation to maintain your freedom.
Moorpark, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is automatically applied, 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 outcome of the DMV hearing hinges on whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to BAC tests, whether or not you were properly informed of the consequences. When you work with us, we'll question 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 set up that hearing. This is why it's crucial to contact a Moorpark DUI defense lawyer as soon as you can after being arrested.
Moorpark DUI Sentences and Consequences
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.
Here's an outline of the different penalties you could be up against, 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 |
You'll also be facing significant collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
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 may be eligible to either expunge or seal your records. A DUI defense attorney can help you out here, too, and give you a chance to clean your record.
Top DUI Defense Attorneys in Moorpark: What You Need to Know
No matter what DUI alleges you've been charged with, it's essential to pick the right lawyer to fight for you. Your team needs the expertise, history, and relationships to find the best outcome for your case. When looking for a DUI defense lawyer in Moorpark, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling over 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our lines are never off, and you can contact us 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in Moorpark and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- 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. And we'd be proud to represent you as well.
DUI Case Types We Defend in Moorpark
Criminal and administrative, whatever type of DUI charges you're fighting in Moorpark, CA – our DUI defense team is prepared for the charges.
Here are some of the DUI charges we often 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 Moorpark DUI Defense Attorneys RIGHT AWAY
After a DUI arrest, it can be a whirlwind of legal processes. Your license disappears, they might try to do additional tests, you're told you have a court date…it's easy to feel out of control. And that's why it's all the more important to contact an attorney right away.
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 just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Moorpark, CA DUI charges. We're ready to take on your case now and will begin protecting your license and your freedom immediately. Talk with one of us now at (800) 755-5174 or set up an appointment online for a confidential consultation.
We also provide the following legal services in Moorpark, CA:
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