DUI Lawyer Riverside. If you're up against a DUI in Riverside, it can feel overwhelming. This isn't just an administrative issue; you're also facing jail time, fines, and other penalties. California law also prohibits you from refusing to take a DUI test, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you don't want to be alone. Trying to defend yourself against the charges is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared to defend your freedom.
Acting fast is key to protecting your freedom and license. Call without delay at (800) 755-5174 or send us a note online to start putting together your case's defense today.
Riverside, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but it's still important to know how to handle a traffic stop. Here are four tips from a Riverside, CA, DUI Lawyer for you to remember if you're ever pulled over:
Tip #1: Be Prepared With Your Documents
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. By following this tip, you avoid that risk.
Tip #2: Don't Talk If Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have Fifth Amendment protections during the entirety of your interactions with the law. 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: Respect the Law Enforcement Officer
Acting belligerent and uncooperative won't improve your case — it will likely be something you regret. This doesn't just help you get through the traffic stop; it also helps your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Riverside?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't undergo any tests at all. The police can use other methods to determine whether or not you were safe to drive, likely via field sobriety tests, then make judgements based on your performance.
Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in Riverside, 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: 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.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your Riverside DUI defense attorney will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will communicate with the Riverside district attorney to avoid a trial with a plea deal that protects you. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Only a small percentage of DUI charges go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on the result of your case, you may face a punishment. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!
Riverside DUI: Fighting Criminal Cases vs. DMV Hearings
Riverside, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. These will never be handled in the same hearing, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are descriptions of both case categories, and what our attorneys will do for your liberty and right to drive:
Riverside, 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.
Criminal cases, including DUIs, all follow the same basic process – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we protect your rights and attack the accusations. We'll argue whether the police had the justification needed to pull you over, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and see if there's anything the police missed that can result in a not guilty plea.
With our defense strategies, we are almost always successful at protecting our Riverside, CA, clients from jail time. In many 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 argue for probation to maintain your freedom.
Riverside, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect automatically, and to effectively 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, even if you secure a plea deal for a reduced charge, that won't (directly) affect your license suspension. Instead, the focus of this hearing is whether or not you were legitimately 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. When you work with a Riverside, CA, DUI lawyer from our firm, we'll challenge 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 an extra chance to schedule that hearing. This is why it's vital to contact a Riverside DUI defense attorney promptly after being arrested.
Punishments After a DUI Conviction in Riverside, CA
Riverside, CA, DUI criminal penalties can be harsh – while many are considered misdemeanors, you're still facing 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 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 |
Beyond any sentence that a judge in Riverside, CA, sentences you to, you also need to worry about collateral consequences, such as rising insurance rates 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.
If any of the above situations apply to you, don't panic: Call one of our Riverside, CA, immigration lawyers to get immediate help. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, it's natural to want to move on and leave this in the past. It doesn't take long to realize, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. Fortunately, if you're in Riverside, CA, our DUI lawyers will also fight to protect you in this way, and give you an opportunity to clean your record.
Important Qualities You Need in a Riverside, CA DUI Attorney
When you're facing DUI charges, it's vital to pick the right lawyer to fight for you. Your team needs the proficiency, preparation, and connections to offer the best possible outcome for your case. Here are the main things to look for in your Riverside, CA, DUI defense lawyer:
- Availability: DUI allegations can happen any time, day or night. You can speak with one of our team members 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: 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 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 Riverside
Administrative, criminal, or anything else related to DUIs in Riverside, CA – our DUI defense team is prepared help you navigate the charges.
Below are some of the DUI cases 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
- 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 Riverside, CA
When you work with the Law Offices of David S. Chesley, your Riverside, CA, DUI attorney will draw from years of experience with effective defense strategies. 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 Legality of the Arrest
If law enforcement made a mistake while conducting their investigation, we can challenge the evidence, and even the legitimacy of the case itself. This defense is relevant if, for example, the officer did not observe you for the full 15-minute period required before asking you to take a breath test.
Show Issues With Chemical Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. We will investigate whether or not the procedure was followed when administering the tests, re-examine the evidence to look for alternate explanations, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. An experienced Riverside, CA, DUI attorney will know how to dissect any records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was over the legal limit. This may sound bad, but you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Timing is Critical – Speak With Our Riverside DUI Defense Lawyers RIGHT AWAY
After a DUI arrest, it can feel like you don't even have time to think. Your license disappears, a law enforcement official might be asking you hard questions, you're informed of a court date…it's easy to feel lost. In order to find a way out of all that, you need to get in touch with a DUI defense lawyer as soon as possible.
Don't give up and let the district attorney win. Don't lose your license because you missed the DMV hearing window. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Riverside, CA DUI charges. We're available to help now and will can fight for your license and keep you out of jail today. Get a hold of us now at (800) 755-5174 or set up an appointment online for a free, confidential case review.
We also provide the following legal services in Riverside, CA:
