DUI Lawyer Oxnard. If you're up against a DUI in Oxnard, it can feel overwhelming. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you need help from a DUI defense expert. Trying to navigate the laws and the courts is a battle you need a team behind you 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 work with us, you're getting a team of veteran defense attorneys who know how to navigate the Oxnard, CA, legal system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Call right away at (800) 755-5174 or contact us online to start constructing your defense strategy today.
What Happens After a DUI Arrest in Oxnard?
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 utilizing field sobriety tests, then make arrests based on your performance.
As soon as you're arrested, 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 starts right away, when you're arrested – at that time, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, the police are providing a record of the arrest to the CA DMV, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will announce what charges you're up against.
- DMV Hearing: While all of the criminal proceedings are going on, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Meanwhile, your Oxnard DUI defense lawyer will file pretrial potions, likely including some to dismiss charges, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will work directly with the Oxnard prosecutor to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Your case probably will not go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case proceeds, you may face penalties. 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 DMV side. Whatever stage in the process you're at, call now and we'll be happy to assist!
Oxnard DUI Allegations and Criminal Cases vs. DMV Hearings
Oxnard, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. In CA, these are always two separate processes, 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 liberty and driving privileges:
Oxnard, 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.
Your DUI case will typically go through the same process as any other criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we build your defense and attack the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and search for other witnesses or evidence that can show you are not guilty.
The vast majority of our DUI clients in Oxnard do not receive any jail sentence. For several cases, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoavoid jail time with a probation sentence.
Oxnard, CA, DUI License Suspension
On the other side of a Oxnard DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, 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, 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 alcohol tests, whether or not you were properly informed of the consequences. When you hire us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you're out of luck. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's crucial to contact a Oxnard DUI defense attorney right away after an arrest.
Oxnard DUI Sentences and Consequences
CA DUI criminal penalties are intimidating – while many are considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| 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 |
On top of whatever sentence you receive in Oxnard court, you have to endure several collateral consequences, such as increased insurance premiums and potential punitive actions from professional licensing organizations.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, it might be possible to either expunge or seal your records. A DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
Top DUI Defense Attorneys in Oxnard: What You Need to Know
When you're facing DUI charges, it's important to pick the right lawyer to fight for you. Your team needs the abilities, practice, and connections to provide the optimal outcome for your case. When looking for a DUI defense lawyer in Oxnard, CA, look for these signs:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, you get a team that has 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. Our lines are never off, and you can contact us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. Our firm has experience working with the prosecutors in Oxnard and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in CA.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. We're ready to add you to our list of success stories.
DUI Case Types We Defend Against in Oxnard
Whatever DUI charge you're up against in Oxnard, CA – our DUI defense lawyers are prepared to defend you against the charges.
Below are some 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
- 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
Don't Wait – Contact Our Oxnard DUI Defense Lawyers RIGHT AWAY
DUI allegations are no joke. After you've been charged, things move pretty fast. The police officer takes your license, there could be interrogations, you're told you have a court date…it's easy to be overwhelmed. With everything going on, your best way out is to contact a lawyer right away.
Don't wait for the prosecution to build a case against you. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Oxnard, CA DUI charges. We're equipped with the tools to build your case today and will work on a strategy to defend your license and your freedom immediately. Reach out to us now at (800) 755-5174 or get in touch online for a confidential consultation.
We also provide the following legal services in Oxnard, CA:
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