DUI Lawyer Redlands. DUI law in Redlands is complex. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. California law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
Regardless of whether you're innocent or not, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
Acting fast is key to protecting your freedom and license. Talk to a lawyer now at (800) 755-5174 or tell us about your charges online to start constructing your defense strategy today.
Redlands, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Redlands, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
Keep your license, insurance card, and vehicle registration together and easily accessible. Many sober people will have trouble gathering up these documents under pressure. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You never need to answer a question that might incriminate you. You have the right to remain silent at all points in the legal process. Even just saying "I only had two drinks" can work against you.
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: Respect the Law Enforcement Officer
Resisting the police won't help — it will increase your chances of getting in trouble. This is about more than just avoiding an arrest in the short term; it also aids your defense: When you resist or act disrespectfully, 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 Redlands?
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. 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 the results.
If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Redlands, CA, follow this progression:
- 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: Independant of the criminal charge process, 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 Redlands DUI defense lawyer will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will communicate with the Redlands district attorney to find a plea deal that minimizes penalties for you. But if you end up on trial in front of a judge, your attorney should be crafting a strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case turns out, you may face a punishment. 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 out, no matter where you are in the process, on both the criminal defense and administrative side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Redlands DUI: Fighting Criminal Cases vs. DMV Hearings
Redlands, CA, DUI charges include two separate fights: The criminal case and the DMV 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 the key things to be aware of for each, and our process for defending your liberty and right to drive:
Redlands, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Redlands, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we protect your rights and attack the supposed wrongdoing. We'll argue whether the police had the justification needed to pull you over, argue against he officer's observations, look for faults in laboratory examinations, and look for evidence that can tell a different story.
If you're facing jail time in Redlands, CA, our attorneys can help you avoid it. For several cases, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
Redlands, CA, DUI License Suspension
On the other side of a Redlands DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of being arrested.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the entire DMV hearing is about whether or not you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to participate in tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Redlands, CA, DUI lawyer to navigate. At the hearing, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If you miss that ten-day deadline, 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 important to contact a Redlands DUI defense attorney immediately after the arrest.
DUI Punishments in Redlands
Redlands, CA, DUI criminal penalties can be harsh – while many are considered misdemeanors, you could still end up with 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 the allegations you're facing:
| DUI Criminal Charge | 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 Redlands court, you have to endure several collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
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 Redlands, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs to protect your record, fight against removal proceedings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. The bad news is that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, it might be possible to either expunge or seal your records. A Redlands, CA, DUI defense attorney can help you out here, too, and give you a way to clean your record.
Important Qualities You Need in a Redlands, CA DUI Attorney
Defending yourself against a DUI in Redlands? It's critical to pick the right lawyer to represent you. Your team needs the talent, preparation, and ties to provide the optimal outcome for your case. When evaluating DUI lawyers in Redlands, CA, you want to judge the following:
- Availability: You should be able to get help fast, whenever you need it. Our phones are ready for your call 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: 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 California.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Fight in Redlands
Whatever DUI charge you're up against in Redlands, CA – our DUI defense team is prepared to battle against the charges.
This is a list of the DUI allegations we often 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 Redlands, CA
Our Redlands, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legitimacy of the Arrest
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, you might be able to secure a dismissal of the charges. This defense is a good option if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in BAC Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any potential procedural errors, 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 'walk-and-turn,' are often used by officers to evaluate whether someone is impaired or not. But ultimately, these are judgment calls on the part of the officer. We will audit the test records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. While this is can be difficult to overcome, it's not the end of your case. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Get Rapid Assistance – Talk To Our Redlands DUI Defense Attorneys RIGHT AWAY
Redlands, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. You lose your license, there could be interrogations, you're told you have a court date…it's easy to be lost. With everything going on, your best way out is to hire a DUI defense attorney immediately.
Don't wait for the prosecution to build a case against you. Don't lose your license because you missed the DMV hearing window. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Redlands, CA DUI charges. We're equipped with the tools to build your case today and will can fight for your license and your rights as soon as you call. Talk with one of us now at (800) 755-5174 or get in touch online for a no-obligation case review.
We also provide the following legal services in Redlands, CA:
