DUI Lawyer Richmond, CA

DUI Lawyer Richmond. Richmond DUI charges are very serious. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. If you declined to take an alcohol test, you can face separate charges, 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 find yourself in this situation, you shouldn't need to do this without help. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is here to defend you.

Take too long to start your defense, and you could miss your chance. Get a hold of us without delay at (800) 755-5174 or tell us how we can help online to start building your defense today.

Richmond, CA, DUI Lawyer Traffic Stop Tips:

Most people don't plan to be pulled over, but it's still important to know how to handle a traffic stop. Below are four tips from a Richmond, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:

Tip #1: Have Your Documents Ready
Keep your license, insurance card, and vehicle registration together and easily accessible. 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 stop yourself from appearing inebriated.

Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections during any form of questioning. Protect yourself by keeping quiet until your lawyer arrives.

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
Arguing with the officer won't help — it can end up making your case harder to defend. This is about more than just avoiding an arrest in the short term; it also helps your defense: If you try to talk back or argue with the officer, 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 Richmond?

California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you refuse to be tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, typically utilizing field sobriety tests, then make judgements based on their evaluation of you.

Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. After the arrest, be prepared for the following:

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: Separate from the criminal charges, you'll have just 10 days to begin the process of protecting your license.
4. Pretrial Motions: You'll likely be given bail or released on your own recognizance. Between your potential release and the trial, your Richmond DUI defense attorney will laying the groundwork of your defense through motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
5. Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will negotiate with the Richmond district attorney to present you with plea deal offers that could protect your freedom. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
6. Criminal Trial: Your case probably will not go to trial, but just in case it does, our team always crafts a trial-ready defense.
7. Sentencing/Sealing: Depending on the outcome of your case, you may face consequences. 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 provide guidance for any charge, on both the criminal defense and bureaucratic side. If you need help today, our team has the knowledge to guide you forward!

Richmond DUI: Fighting Criminal Cases vs. DMV Hearings

Richmond, CA, DUI charges are special because of their dual-nature: The criminal case and the driver's case. In CA, these are always two separate processes, but both cases can be fought by the same DUI defense lawyer.

Here are the key things to be aware of for each, and ways we defend your freedom and ability to drive:

Richmond, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.

Criminal cases, including DUIs, all follow the same basic process – 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 listen to your side of the story and push back against the accusations. We'll debate the legality of the traffic stop, display flaws in the officer's analysis, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can exonerate you.

If you're facing jail time in Richmond, CA, our attorneys can help you avoid it. For many clients, we'll negotiate a plea deal to reduce 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.

Richmond, CA, DUI License Suspension

Meanwhile, you need to worry about the DMV and your license suspension. This suspension is automatically applied, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.

In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, this administrative hearing is focused on if 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 work with a Richmond, CA, DUI lawyer from our firm, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.

If it's been more than ten days after your arrest, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get an extra chance to arrange for that hearing. This is why it's critical to contact a Richmond DUI defense attorney immediately after being arrested.

Richmond DUI Sentences and Consequences

Richmond, CA, DUI criminal penalties are a lot to face – even for the ones considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.

On this table, you can review the different penalties you could be up against, depending on how exactly your charged and your history:

You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and potential punitive actions from professional licensing organizations.

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 you're a United States immigrant facing a DUI, you need to stay in the country and contact a Richmond, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs that will protect you from the harshest outcomes, fight to keep you in the country, and act as your guide through the citizenship application process.

After the Case: Expungement/Sealing

Whatever happens in the court case, it's natural to want to move on and leave this in the past. You'll find, though, that 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. Our Richmond, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.

Important Qualities You Need in a Richmond, CA DUI Attorney

Accused of a DUI in Richmond? It is imperative to pick the right lawyer to represent you. Your team needs the proficiency, preparation, and contacts to provide the optimal outcome for your case. When you speak with Richmond, CA, DUI attorneys about your case, ask them about the following:

1. Availability: So that you can get help right away when you need it. You can speak with one of our team members 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: The best lawyers are often professionally recognized. We are proud to be respected amongst our peers and to be recognized as the top DUI lawyer in California.

Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.

DUI Case Types We Fight in Richmond

Criminal and administrative, whatever type of DUI charges you're fighting in Richmond, CA – the Law Offices of David S. Chesley is prepared stand by you against the charges.

This is a list of the DUI charges we commonly defend:

DUI Defense Tactics in Richmond, CA

When you work with the Law Offices of David S. Chesley, your Richmond, CA, DUI attorney will draw from years of experience with effective defense strategies. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.

Contest the Legality of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, you might be able to secure a dismissal of the charges. This defense is effective 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 Blood, Breath, and/or Urine Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will look into any potential procedural errors, re-examine the evidence to look for alternate explanations, and highlight any errors in the chain of custody.

The discovery process is relevant to reviewing the testing records and other evidence.

Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But field sobriety tests are not objective measures of whether you're safe to drive or not. We will examine the evidence 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 .08 or higher. While properly conducted BAC tests are hard to disprove, we won't give up yet. 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.

Don't Wait – Contact Our Richmond DUI Defense Attorneys TODAY

When you're up against Richmond DUI charges, it can be a whirlwind of legal processes. Your license disappears, you could find yourself in an interrogation room, you're given a court date…it's easy to be overwhelmed. What you need to do is call a lawyer as soon as possible.

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 sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to represent you.

We're experts at defending all Richmond, CA DUI charges. We're prepared to start building your defense right now and will work on a strategy to defend your license and your freedom right away. Talk with one of us now at (800) 755-5174 or let us know what you need online for a no strings attached case review.

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

• Criminal Defense Lawyer