DUI Lawyer Poway. DUI law in Poway is complex. Your ability to drive isn't the only thing at risk; you're up against thousand dollar fines, years in jail, and more. 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're facing these types of charges in CA, you don't want to be alone. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are CA'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 accomplished defense attorneys who know how to defend your rights in the Poway, CA, court system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Get in touch now at (800) 755-5174 or send us a note online to start building your defense strategy today.
What Happens After a DUI Arrest in Poway?
CA DUI Law allows an officer to arrest you even if you blow below the legal limit, or if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, likely via field sobriety tests, then make arrests based on that.
Once this happens, 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: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. While you're proceeding through the system, the police are contacting the DMV about your DUI arrest, officially suspending your license.
- 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: As soon as you're released from jail, 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. In the meantime, your Poway DUI defense attorney will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will work directly with the Poway prosecutor to find a plea deal that minimizes penalties for you. But if it does go 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 the outcome of your case, you may face some form of sentence. 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 out, no matter where you are in the process, on both the criminal defense and administrative side. No matter where you are in your case, call now and we'll be happy to assist!
Poway DUI Allegations and Criminal Cases vs. DMV Hearings
Poway, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but both cases can be fought by the same DUI defense lawyer.
Here are some things you need to know about both, and insights into how we protect your freedom and driving privileges:
Poway, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Your DUI case will typically go through the same process as any other criminal charge – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we provide expert defense and attack the allegations. We'll deconstruct 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 tell a different story.
With our defense strategies, we are almost always successful at protecting our clients from jail time. Often, we'll get the prosecutor to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
Poway, CA, DUI License Suspension
On the other side of a Poway DUI charge is the DMV and your license suspension. This suspension goes into effect automatically, and if you want 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 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 BAC tests, whether or not you were properly informed of the consequences. When you work with us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, though, you're out of options. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's critical to contact a Poway DUI defense lawyer right away after an arrest.
Poway DUI Sentences and Consequences
CA DUI criminal penalties are intimidating – even for the ones considered misdemeanors, they can still result in up to 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 the nature of the allegations:
| 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 Poway court, you have to endure several collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, 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, 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 Poway: What You Need to Know
No matter what DUI alleges you've been charged with, it's critical to pick the right lawyer to defend you. Your team needs the expertise, practice, and connections to find the best outcome for your case. When looking for a DUI defense lawyer in Poway, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and law enforcement, totalling more than 50 years of experience.
- Availability: DUI allegations can happen any time, day or night. 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 Poway and all throughout CA.
- 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 CA.
- Track Record of Success: At the end of the day, results matter. And our results are great. 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 in Poway
Whatever DUI charge you're up against in Poway, CA – our DUI defense team is prepared for the charges.
Here are some of the DUI allegations 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
Timing is Critical – Call Our Poway DUI Defense Attorneys TODAY
DUI allegations are no joke. After you've been charged, you'll hardly get a chance to catch your breath. Your license disappears, you might be interrogated, you're informed of a court date…it's easy to feel out of control. With everything going on, your best way out is to call a DUI defense lawyer right away.
Don't wait for the prosecution to build a case against you. 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 Poway, CA DUI charges. We're equipped with the tools to build your case right now and will start safeguarding your license and keep you out of jail as soon as you call. Reach out to us now at (800) 755-5174 or get in touch online for a free consultation.
We also provide the following legal services in Poway, CA:
Payment Plans
