DUI Lawyer Ontario. If you're up against a DUI in Ontario, it can feel overwhelming. Your ability to drive isn't the only thing at risk; you're up against thousand dollar fines, years in jail, and more. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and the consequences you face might be even worse than a DUI conviction. 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 don't want to be alone. Trying to fight against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is just a call away in Ontario, CA.
While you're hesitating, the odds are stacking up against you. Call 24/7 at (800) 755-5174 or tell us about your charges online to start building your defense today.
Ontario, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a Ontario, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you don't need to search for them, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent both before and after an arrest. Trying to explain away the smell of alcohol will probably just get you in more trouble.
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: Be Polite and Don't Argue
Arguing with the officer won't help — it can end up making your case harder to defend. This isn't just something you're doing out of courtesy, though; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in Ontario?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, typically through field sobriety tests, then decide whether or not to arrest you based on how you do.
Right after your arrest, the CA legal system starts moving towards 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: Separate from the criminal charges, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your Ontario DUI defense lawyer will file pretrial motions, likely including some to suppress unlawfully collected evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will negotiate with the Ontario district attorney to find a plea deal that minimizes penalties for you. But if it does go to trial, your attorney should be preparing now.
- Criminal Trial: It's rare that a DUI case will go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how your case proceeds, you may face consequences. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
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 Ontario DUIs: Criminal Cases vs. DMV Hearings
Ontario, CA, DUI charges include two separate fights: The criminal case and the driver's case. In CA, these are always two separate processes, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are some things you need to know about both, and our process for defending your liberty and license:
Ontario, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
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 defend your freedom and push back against the allegations. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can show the events in a more favorable light.
With our defense strategies, we are almost always successful at protecting our Ontario, CA, clients from jail time. Frequently, we'll work out a plea for reduced 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.
Ontario, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension is automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.
The criminal charges are not always relevant in the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the focus of this hearing is whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Ontario, CA, DUI lawyer to navigate. At the hearing, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
If the tenth day since the arrest has passed, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to request that hearing. This is why it's crucial to contact a Ontario DUI defense attorney immediately after the arrest.
DUI Punishments in Ontario
Ontario, CA, DUI criminal penalties can be harsh – even for the ones considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be looking to avoid, depending on what your charges are:
| 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 |
In addition to any criminal sentence in Ontario, CA, you're also facing collateral consequences, such as rising insurance rates and impacts on your employment.
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 any of the above situations apply to you, don't panic: Call one of our Ontario, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, can provide assistance with all of your legal needs, not just against criminal accusations: We'll explore diversion programs that will protect you from the harshest outcomes, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you're liking looking forward to putting this all behind you. It doesn't take long to realize, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Ontario, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
Top DUI Defense Attorneys in Ontario: What You Need to Know
When you're facing DUI charges, it's important to pick the right lawyer to take your case. Your team needs the proficiency, practice, and ties to provide the optimal outcome for your case. When you speak with Ontario, CA, DUI attorneys about your case, ask them about the following:
- Availability: So that you can get help right away when you need it. Our team is prepared to help you 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: Not just with clients and friends, but also amongst their peers. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
Our recent DUI Case results speak for themselves. We want you to be our next success story.
DUI Case Types We Defend in Ontario
Administrative, criminal, or anything else related to DUIs in Ontario, CA – your DUI defense lawyer from our team prepared to battle against the charges.
Below are some of the DUI cases we regularly 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 Ontario, CA
When you work with the Law Offices of David S. Chesley, your Ontario, CA, DUI attorney will draw from years of experience with effective defense strategies. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, you might be able to secure a dismissal of the charges. This defense could be used if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Flaws in Chemical 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. We will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But you can still challenge them – they are not ironclad proof of guilt. We will examine the evidence and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. This may sound bad, but we won't give up yet. We can examine your diet and medical conditions to find alternative explanations.
Start Your Defense Today – Talk To Our Ontario DUI Defense Lawyers TODAY
After a DUI arrest, it feels like there's no space to breathe. The police officer takes your license, you could find yourself in an interrogation room, you're assigned a court date…it's easy to be overwhelmed. What you need to do is hire aOntario, CA, DUI attorney right away.
Don't give the state a chance to put you behind bars. Don't lose your ability to drive without a fight. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Ontario, CA DUI charges. We're equipped with the tools to build your case fast and will start safeguarding your license and your rights immediately. Talk to one of our team members now at (800) 755-5174 or let us know what you need online for a free consultation.
We also provide the following legal services in Ontario, CA:
