DUI Lawyer Roseville, CA

DUI Lawyer Roseville. DUI law in Roseville is complex. Besides losing your license, there's a lot at stake; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, 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 defend yourself against the charges is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is ready to defend you.

Acting fast is key to protecting your freedom and license. Get in touch now at (800) 755-5174 or contact us online to start constructing your defense strategy today.

Roseville, CA, DUI Lawyer Traffic Stop Tips:

We'd all love to drive without any risk of being pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Roseville, CA, DUI Lawyer for you which can protect you from arrests and charges:

Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.

Tip #2: Be Silent When Alcohol Is Smelled
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. 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. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may come back up later in court.

What Happens After a DUI Arrest in Roseville?

California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you refuse to be tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, probably with field sobriety tests, then decide whether or not to arrest you based on their evaluation of you.

Once this happens, the CA legal system starts moving towards both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:

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: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Roseville DUI defense expert 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 negotiate with the Roseville district attorney to try and secure a favorable deal before a trial. But if you do have to fight the charges in a trial, your attorney should be preparing now.
6. Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we don't count on that possibility and will be ready if it does.
7. Sentencing/Sealing: Depending on the result of your case, you may face sanctions. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.

Our DUI legal experts can provide guidance for any charge, 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), call now and we'll be happy to assist!

Defending Against Roseville DUIs: Criminal Cases vs. DMV Hearings

Roseville, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. These are handled separately by the state, but a skilled DUI defense attorney will help you with both.

Here are things to watch out for with both cases, and our process for defending your justice and driving privileges:

Roseville, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Roseville, CA, court.

Most of the steps in a DUI criminal case are identical to that of another 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 push back against the supposed wrongdoing. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can exonerate you.

We have an extremely strong track record of clients who have avoided jail time in Roseville, CA. Frequently, 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 out probation over jail or prison time.

Roseville, 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 automatically applied, and in order to fight it, you'll need to request an administrative hearing within ten days of being arrested.

The criminal charges are not always relevant in the DMV hearing. In fact, you can lose your license regardless of the outcome of the criminal case. 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 to participate in tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Roseville, CA, DUI lawyer to navigate. At the hearing, we'll question the legitimacy of the stop, the arrest, and the BAC reading.

If you miss that ten-day deadline, though, there probably isn't a way to get your license back immediately. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's critical to contact a Roseville DUI defense lawyer promptly after an arrest.

Potential Penalties for a DUI in Roseville

Roseville, CA, DUI criminal penalties can leave a mark on your record for life – while many are considered misdemeanors, you could still end up with 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:

Beyond any sentence that a judge in Roseville, CA, sentences you to, you also need to worry about collateral consequences, such as elevated insurance costs and barriers between you and 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.

Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Roseville, CA, immigration lawyer can help you navigate the situation. 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 with alternatives to criminal sentencing, represent you at deportation hearings, and guide you through your citizenship application.

After the Case: Expungement/Sealing

Whether your case ends in a conviction or an acquittal, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, 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. A Roseville, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.

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

When you're facing DUI charges, it's key to pick the right lawyer to represent you. Your team needs the talent, experience, and contacts to find the best outcome for your case. When evaluating DUI lawyers in Roseville, CA, you want to judge the following:

1. Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. We're available 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: Not just with clients and friends, but also amongst their peers. We are proud of our reputation with former clients and to be recognized as the top DUI lawyer in California.

Our recent DUI Case results speak for themselves. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.

DUI Case Types We Defend in Roseville

Administrative, criminal, or anything else related to DUIs in Roseville, CA – our DUI defense lawyers are prepared stand by you against the charges.

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

DUI Defense Tactics in Roseville, CA

Whatever type of charge you're facing, our Roseville, CA, DUI attorneys can help you fight it. 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 Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, we can argue for your case to be dismissed. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.

Show Issues With BAC 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. Our team will look into any issues with how the equipment was stored or used, retest when possible, and find any other mistakes law enforcement made that could exonerate you.

Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' 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 provide alternate explanations for your performance.

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 .08 or higher. This may sound bad, but there are still ways to fight it. We can examine your diet and medical conditions to find alternative explanations.

Don't Wait – Speak With Our Roseville DUI Defense Lawyers RIGHT AWAY

Roseville, CA, DUI accusations are serious. After an arrest, it can be a whirlwind of legal processes. The police officer takes your license, there could be interrogations, you get a court date…it's easy to feel out of control. To fight through the allegations, your first step is to hire aRoseville, CA, DUI attorney now.

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 hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.

We're experts at defending all Roseville, CA DUI charges. We're prepared to start building your defense right now and will begin protecting your license and keep you out of jail now. Speak with a lawyer now at (800) 755-5174 or let us know what you need online for a confidential case review.

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

• Criminal Defense Lawyer