DUI Lawyer Newport Beach. The consequences of a DUI can be devastating. You're not just facing the loss of your license; depending on your history, you could go to prison. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. 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 navigate the laws and the courts is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
Don't wait and let your chance slip away. Call 24/7 at (800) 755-5174 or tell us how we can help online to start crafting your defense today.
Newport Beach, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a Newport Beach, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. Many sober people will have trouble gathering up these documents under pressure. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have Fifth Amendment protections both before and after an arrest. 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
Arguing with the officer won't help — it will come back to bite you. This isn't just something you're doing out of courtesy, though; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Newport Beach?
California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, probably through field sobriety tests, then decide whether or not to arrest you based on the results.
Once you've been 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: 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: Separate from the criminal charges, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Newport Beach DUI defense attorney will be filing motions, including motions to throw out illegal evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will negotiate with the Newport Beach prosecutor to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be crafting a strategy now.
- Criminal Trial: Most DUI cases won't go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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 fight any allegation, on both the criminal defense and DMV side. If you need help today, we have the experience to help you move towards a positive outcome!
DUIs in Newport Beach, CA and Criminal Cases vs. DMV Hearings
Newport Beach, CA, DUI charges are special because of their dual-nature: The criminal case and the administrative 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 descriptions of both case categories, and our process for defending your freedom and license:
Newport Beach, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Newport Beach, 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 craft a staunch defense and discredit the supposed wrongdoing. We'll deconstruct the traffic stop, question the legitimacy of the officer's subjective observations, look for weaknesses in the breathalyzer test, and look for witness testimony and other proof that can result in a not guilty plea.
We have an extremely strong track record of clients who have avoided jail time in Newport Beach, CA. For many clients, we'll get the prosecutor to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Newport Beach, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
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 legitimately 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. These hearings have serious consequences that require an expert Newport Beach, CA, DUI lawyer to navigate. At the hearing, we'll fight 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 luck. Outside of rare cases, you don't get an extra chance to schedule that hearing. This is why it's essential to contact a Newport Beach DUI defense lawyer right away after an arrest.
Newport Beach DUI Sentences and Consequences
Newport Beach, CA, DUI criminal penalties are a lot to face – though you could 'only' be facing misdemeanors, you could still end up with a year in jail, or six months for a first offense.
In 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 |
Beyond any sentence that a judge in Newport Beach, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and career setbacks.
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 you're a United States immigrant facing a DUI, you need to stay in the country and contact a Newport Beach, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and guide you through your citizenship application.
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. However, your arrest and/or criminal record won't go away on its own. Depending on your case outcome, it might be possible to either expunge or seal your records. Fortunately, if you're in Newport Beach, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
Important Qualities You Need in a Newport Beach, CA DUI Attorney
When you're facing DUI charges, it's critical to pick the right lawyer to fight for you. Your team needs the talent, practice, and contacts to provide the optimal outcome for your case. When you speak with Newport Beach, CA, DUI attorneys about your case, ask them about the following:
- Availability: You should be able to get help fast, whenever you need it. We're available 24/7.
- 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.
- Reputation: The best lawyers are often professionally recognized. 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. If you're ready to join our list of successes, call now.
DUI Case Types We Defend in Newport Beach
Administrative, criminal, or anything else related to DUIs in Newport Beach, CA – our DUI defense lawyers are prepared to battle against the charges.
Here is a list of the DUI case types 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 Newport Beach, CA
If you want to craft an effective defense strategy, our Newport Beach, CA, DUI lawyers are here to help. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, you might be able to secure a dismissal of the charges. This defense is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With BAC Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will investigate whether or not the procedure was followed when administering the tests, push for tests to be redone, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But you can still challenge them – they are not ironclad proof of guilt. An experienced Newport Beach, CA, DUI attorney will know how to dissect any records and look for expert analysis that will show your performance in a more favorable light.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. This may sound bad, but our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Immediate Help – Talk To Our Newport Beach DUI Defense Lawyers RIGHT AWAY
DUI allegations are no joke. After you've been charged, it can feel like you barely have a chance to think. The police officer takes your license, you might be interrogated, you're assigned a court date…it's easy to be stressed out. In order to find a way out of all that, you need to speak to a DUI defense attorney immediately.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Newport Beach, CA DUI charges. We're standing by to answer your call right now and will can fight for your license and your freedom immediately. Get a hold of us now at (800) 755-5174 or tell us about your charges online for a free case review.
We also provide the following legal services in Newport Beach, CA:
