DUI Lawyer Palmdale, CA

DUI Lawyer Palmdale. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; criminal charges can result in prison, fines, and additional harsh penalties. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.

If you've been accused of a DUI in Palmdale, CA, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is just a call away in Palmdale, CA.

We are California's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of veteran defense attorneys who know how to operate the Palmdale, CA, legal system and find the best result for your case.

If you want to build an effective defense, you need to act now. Get in touch without delay at (800) 755-5174 or tell us about your charges online to start preparing your defense strategy today.

Palmdale, CA, DUI Lawyer Traffic Stop Tips:

You may be a careful driver who doesn't violate any traffic laws, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Palmdale, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:

Tip #1: Keep Your Documents Together
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. When you're already prepared to give them to the officer, you avoid that risk.

Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections at all points in the legal process. 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: Don't Argue With the Officer
Acting belligerent and uncooperative won't help — it will likely be something you regret. You should be respectful for more than its own sake, though; it also aids your defense: Any time you open your mouth, whether or not the police asked you a question, 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 Palmdale?

California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't undergo any tests at all. This is because the officer can make a subjective judgment about whether you are impaired or not, probably via field sobriety tests, then arrest you based on your performance.

If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. In most DUI cases, here's how things will progress:

1. 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.
2. 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.
3. DMV Hearing: While all of the criminal proceedings are going on, 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.
4. Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. In the meantime, your Palmdale DUI defense lawyer will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
5. Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will communicate with the Palmdale district attorney to try and secure a favorable deal before a trial. But if the prosecutor won't give you a favorable offer, your attorney should be refining a defense strategy now.
6. Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but just in case it does, our team always crafts a trial-ready defense.
7. Sentencing/Sealing: Depending on how your case proceeds, you may face sanctions. 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 provide you with advice on the best way to move forward, on both the criminal defense and driver's license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), give us a call so that we can help!

Palmdale, CA, DUI Differences: Criminal Cases vs. DMV Hearings

Palmdale, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.

Here are important factors for both case types, and ways we defend your liberty and driving privileges:

Palmdale, 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 – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.

At the Law Offices of David S. Chesley, we craft a staunch defense and push back against the criminal accusations. We'll challenge the legitimacy of the traffic stop, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can result in a not guilty plea.

If you're facing jail time in Palmdale, CA, our attorneys can help you avoid it. 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 argue for probation to maintain your freedom.

Palmdale, CA, DUI License Suspension

Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension is independent of the 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, your license can still be suspended even if you do not receive a criminal conviction. Instead, the focus of this hearing is whether or not you were rightfully 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. When you hire us, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.

If the tenth day since the arrest has passed, though, you're out of luck. Outside of rare cases, you don't get an extra chance to arrange for that hearing. This is why it's essential to contact a Palmdale DUI defense lawyer as soon as you can after being arrested.

Potential Penalties for a DUI in Palmdale

Palmdale, CA, DUI criminal penalties can be harsh – while some are 'just' misdemeanors, you're still facing a year in jail, or six months for a first offense.

On this table, you can review the different penalties you could be trying to avoid, depending on the nature of the allegations:

Beyond any sentence that a judge in Palmdale, CA, sentences you to, you also need to worry about collateral consequences, such as increased insurance premiums 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.

These accusations can be intimidating, but they are not the end. Your Palmdale, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs that can protect you from a conviction, fight to keep you in the country, and offer expert advice as you apply for citizenship.

After the Case: Expungement/Sealing

After the case, regardless of the outcome, you'll want to get back to life as normal, before the charges. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Palmdale, CA, DUI defense attorney can help you out here, too, and give you a chance to clean your record.

When You're Picking a Palmdale, CA, DUI Lawyer, Consider These Factors

Up against DUI charges? It's vital to pick the right lawyer to defend you. Your team needs the proficiency, preparation, and connections to find the best outcome for your case. When evaluating DUI lawyers in Palmdale, CA, you want to judge the following:

1. Availability: So that you can get help right away when you need it. Our offices are always available if you need to talk 24/7.
2. 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.
3. Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. 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're ready to add you to our list of success stories.

DUI Case Types We Defend in Palmdale

Whatever type of DUI charge you need help with in Palmdale, CA – the Law Offices of David S. Chesley is prepared to battle against the charges.

Here are some of the DUI case types we typically defend:

DUI Defense Tactics in Palmdale, CA

Every DUI case needs a defensive strategy, and our Palmdale, CA DUI defense lawyers are here to help you find the right one. There are several defensive tactics available, but not every one will work for your case. Below are some of the most common ones we use.

Challenge the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, you might be able to secure a dismissal of the charges. This defense could be used if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.

Flaws in BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will highlight the ways that these tests can give false readings, push for tests to be redone, and advocate for you during the discovery process to identify flaws in the state's evidence.

Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a normal part of the process when police are evaluating if someone is driving intoxicated or not. But ultimately, these are judgment calls on the part of the officer. Your local DUI lawyer will inspect any records of the test and point out situations where law enforcement unfairly failed our clients on these tests.

Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.

Get Immediate Help – Talk To Our Palmdale DUI Defense Lawyers NOW

DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. You lose your right to drive, a law enforcement official might be asking you hard questions, you're given a court date…it's easy to be out of control. Your path forward begins when you contact a lawyer immediately.

Don't give the state a chance to put you behind bars. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.

We're experts at defending all Palmdale, CA DUI charges. We're available to help immediately and will start protecting your driving privileges and searching for positive outcomes now. Talk to one of our team members now at (800) 755-5174 or set up an appointment online for a free, confidential consultation.

We also provide the following legal services in Palmdale, CA:

• Sex Crimes Lawyer
• Immigration Lawyer
• Drug Charges Lawyer
• Theft Lawyer
• Violent Crimes Lawyer
• Criminal Defense Lawyer