DUI Lawyer National City. If you're up against a DUI in National City, it can feel overwhelming. Besides losing your license, there's a lot at stake; 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 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 the National City, CA, district attorney is coming after you, you shouldn't need to do this without help. Trying to defend yourself against the charges is a fight that you need a team for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
If you wait too long to build a defense, it could become too late. Call as soon as possible at (800) 755-5174 or send us a note online to start putting together your case's defense today.
National City, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a National City, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent 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: Respect the Law Enforcement Officer
Being rude won't improve your case — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in National City?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, often via field sobriety tests, then make judgements 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. You can expect the following steps to play out in your case:
- 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.
- 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.
- DMV Hearing: While all of the criminal proceedings are going on, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. While you're waiting for the trial, your National City DUI defense expert will file motions to strengthen your defense, such as ones to review the arrest footage, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will speak with the National City prosecutor to present you with plea deal offers that could protect your freedom. But if it does go to trial, your attorney should be creating a defense now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- Sentencing/Sealing: Depending on the outcome of your case, you may face a punishment. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and driver's license side. If you're facing a potential conviction, call now and we'll be happy to assist!
National City DUI Allegations and Criminal Cases vs. DMV Hearings
National City, CA, DUI charges are always a two-pronged challenge: The criminal case and the driver's case. These are handled separately by the state, but when you hire the right attorney, they can defend you in both cases.
Here are descriptions of both case categories, and ways we defend your freedom and vehicular rights:
National City, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – 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 criminal accusations. We'll question whether or not the traffic stop was legitimate, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can present an alternate narrative.
With our defense strategies, we are almost always successful at protecting our National City, CA, clients from jail time. Frequently, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
National City, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, this administrative hearing is focused on if you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. When you hire us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, you're out of options. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's crucial to contact a National City DUI defense lawyer promptly after the arrest.
Potential Penalties for a DUI in National City
National City, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be fighting against, depending on the nature of the allegations:
| DUI Criminal Charge | 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 |
In addition to any criminal sentence in National City, CA, you're also facing collateral consequences, such as loss or increased expense of insurance 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.
A DUI accusation doesn't have to end your time in the United States. You can get help from your National City, CA, immigration lawyer. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs that can protect you from a conviction, fight to keep you in the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. It doesn't take long to realize, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A National City, CA, DUI defense lawyer can help you with these processes, and give you a way to clean your record.
Important Qualities You Need in a National City, CA DUI Attorney
No matter what DUI allegations you've been charged with, it's critical to pick the right lawyer to defend you. Your team needs the proficiency, experience, and contacts to provide the optimal outcome for your case. When you speak with National City, CA, DUI attorneys about your case, ask them about the following:
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our team is prepared to help you 24/7.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. We are proud to be respected amongst our peers 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 Take On in National City
Whatever DUI charge you're up against in National City, CA – our DUI defense attorneys are prepared for the charges.
This is a list of the DUI charges 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
- Driving Without Insurance
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI Accident Defense
- DUI and Professional Licenses in California
- DUI Blood Test Defense
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- DUI Penalties
- DUI with Child Passenger
- 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
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Tactics in National City, CA
Every DUI case needs a defensive strategy, and our National City, CA DUI defense lawyers are here to help you find the right one. When fighting cases, here are some of the possible defenses we'll use.
Contest the Legality of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, then the evidence arising from that traffic stop could be invalid. This defense could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With Blood, Breath, and/or Urine 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, retest in some cases, using a "blood-split" motion, 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 standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. Even though this is harder to fight, you do still have viable defense strategies. 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.
Start Your Defense Today – Contact Our National City DUI Defense Lawyers RIGHT AWAY
DUI allegations are no joke. After you've been charged, it feels like there's no space to breathe. The police officer takes your license, there could be interrogations, you're told you have a court date…it's easy to feel stressed out. What you need to do is contact an attorney immediately.
Don't sit by and watch the evidence mount against you. Don't lose your ability to drive without a fight. 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 National City, CA DUI charges. We're equipped with the tools to build your case immediately and will work on a strategy to defend your license and your freedom immediately. Get a hold of us now at (800) 755-5174 or tell us about your case online for a no strings attached consultation.
We also provide the following legal services in National City, CA:
