DUI Lawyer Ontario. Ontario DUI charges are very serious. Your ability to drive isn't the only thing at risk; you're up against thousand dollar fines, years in jail, and more. 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 you're facing these types of charges in CA, you need help from a DUI defense expert. Trying to defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is here to defend you.
We are CA's top DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you hire us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the Ontario, CA, court system and get you the best outcome possible.
Don't wait and let your chance slip away. Reach out now at (800) 755-5174 or contact us online to start preparing your defense today.
What Happens After a DUI Arrest in Ontario?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, 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, often utilizing field sobriety tests, then make arrests based on that.
Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're proceeding through the system, they are informing the DMV about the arrest, which updates their records to show your license as suspended.
- Arraignment: While under arrest, you will be brought before a judge, 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: You'll likely be given bail or released on your own recognizance. Meanwhile, your Ontario DUI defense lawyer will file pretrial potions, likely including some to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Ontario prosecutor to find a plea deal that minimizes penalties for you. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Only a small percentage of DUI charges 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 proceeds, you may face penalties. 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 help you with any step of the legal process, on both the criminal defense and license side. Whatever stage in the process you're at, we have the experience to help you move towards a positive outcome!
Ontario DUI: Fighting Criminal Cases vs. DMV Hearings
Ontario, CA, DUI charges are always a two-pronged challenge: The criminal case and the license suspension. These are handled separately by the state, but both cases can be fought by the same DUI defense lawyer.
Here are the key things to be aware of for each, and how we fight to protect your liberty and license:
Ontario, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
Criminal cases, including DUIs, all follow the same basic process – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pre-trial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we protect your rights and attack the allegations. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can result in a not guilty plea.
We have an extremely strong track record of clients who have avoided jail time. For several 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.
Ontario, 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, your license can still be suspended even if you do not receive a criminal conviction. 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.
After ten days, though, you're out of luck. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's critical to contact a Ontario DUI defense attorney immediately after an arrest.
Potential Penalties for a DUI in Ontario
CA DUI criminal penalties can be harsh – even though some are 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 facing, 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 more expenses on your insurance and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, odds are, you'll want to leave it in the past and move forward with your life. However, 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. Our DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's crucial to pick the right lawyer to defend you. Your team needs the abilities, experience, and relationships to find the best outcome for your case. Here are the main things to look for in your Ontario, CA, DUI defense lawyer:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and police, totalling more than 50 years of experience.
- Availability: So that you can get help right away when you need it. You can get a hold of us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Ontario and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in CA.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. 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 Against in Ontario
It doesn't matter what kind of DUI you're facing in Ontario, CA – our DUI defense attorneys are prepared to battle against the charges.
Here are some of the DUI case types we frequently 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 Ontario DUI Defense Attorneys TODAY
After a DUI arrest, things move pretty fast. The police officer takes your license, they might try to do additional tests, you're told you have a court date…it's easy to be overwhelmed. With everything going on, your best way out is to hire a lawyer immediately.
Don't sit by and watch the evidence mount against you. 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 Ontario, CA DUI charges. We're equipped with the tools to build your case now and will work on a strategy to defend your license and your rights immediately. Get a hold of us now at (800) 755-5174 or set up an appointment online for a free consultation.
We also provide the following legal services in Ontario, CA:
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