DUI Lawyer San Marcos. DUI law in San Marcos is complex. Your ability to drive isn't the only thing at risk; depending on your history, you could go to prison. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you find yourself in this situation, you shouldn't need to do this without help. Trying to stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is available to protect you in San Marcos.
If you wait too long to build a defense, it could become too late. Call as soon as possible at (800) 755-5174 or tell us how we can help online to start putting together your defense today.
San Marcos, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but knowing how to handle the situation is important for all San Marcos, CA, residents. Here are four tips from a San Marcos, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. 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 avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have Fifth Amendment protections both before and after an arrest. 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 increase your chances of getting in trouble. 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, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in San Marcos?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you refuse to be tested at all. The police can use other methods to determine whether or not you were safe to drive, often using field sobriety tests, then arrest you 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. In most DUI cases, here's how things will progress:
- 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: Separate from the criminal charges, you'll have just 10 days to begin the process of protecting your license.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. Meanwhile, your San Marcos DUI defense attorney will file pretrial motions, likely including some to suppress unlawfully collected evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will communicate with the San Marcos 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 refining a defense strategy now.
- Criminal Trial: Most DUI cases won't go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how you plea or are found, you may face sanctions. However, if you are found not guilty or enough time has passed, you can explore record clearing options with our lawyers.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), we have the experience to help you move towards a positive outcome!
San Marcos DUI: Fighting Criminal Cases vs. DMV Hearings
San Marcos, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. This will always require two separate defenses, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are some things you need to know about both, and ways we defend your justice and right to drive:
San Marcos, 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.
Your DUI case will typically go through the same process as any other criminal charge – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we build your defense and dissect the allegations. We'll question whether or not the traffic stop was legitimate, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can result in a not guilty plea.
We have an extremely strong track record of clients who have avoided jail time in San Marcos, 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.
San Marcos, 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 being arrested.
At the administrative hearing, you're not facing criminal charges. 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 legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. When you hire us, 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, you're out of options. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's vital to contact a San Marcos DUI defense lawyer promptly after the traffic stop.
Punishments After a DUI Conviction in San Marcos, CA
San Marcos, CA, DUI criminal penalties are a lot to face – while some are 'just' misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be looking to avoid, depending on the nature of the allegations:
| 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 |
In addition to any criminal sentence in San Marcos, CA, you're also facing collateral consequences, such as loss or increased expense of insurance and career setbacks.
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.
A DUI accusation doesn't have to end your time in the United States. You can get help from your San Marcos, CA, immigration lawyer. 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 can protect you from a conviction, 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, you'll want to get back to life as normal, before the charges. The bad news is that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, it might be possible to either expunge or seal your records. A San Marcos, 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 San Marcos, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in San Marcos? It is crucial to pick the right lawyer to represent you. Your team needs the expertise, experience, and connections to find the best outcome for your case. When you speak with San Marcos, CA, DUI attorneys about your case, ask them about the following:
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can speak with one of our team members 24/7.
- Reputation: If your lawyer is known for successfully fighting DUI charges, that is a major positive. 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 San Marcos
It doesn't matter what kind of DUI you're facing in San Marcos, CA – our DUI defense lawyers are prepared for the charges.
This is a list of the DUI cases we frequently 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 Strategies in San Marcos, CA
Every DUI case needs a defensive strategy, and our San Marcos, CA DUI defense lawyers are here to help you find the right one. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legality of the Traffic Stop
If law enforcement made a mistake while conducting their investigation, we can argue for your case to be dismissed. This defense is effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.
Show Issues With Blood, Breath, and/or Urine 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 highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and highlight any errors in the chain of custody.
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 ultimately, these are judgment calls on the part of the officer. We will examine the evidence 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 over the legal limit. While properly conducted BAC tests are hard to disprove, you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.
Get Immediate Help – Contact Our San Marcos DUI Defense Lawyers TODAY
When you're up against San Marcos DUI charges, it feels like there's no space to breathe. Your license is suspended, you might be interrogated, you're given a court date…it's easy to be lost. In order to find a way out of all that, you need to contact a DUI defense lawyer right away.
Don't give the state a chance to put you behind bars. 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 defend you.
We're experts at defending all San Marcos, CA DUI charges. We're equipped with the tools to build your case today and will work on a strategy to defend your license and keep you out of jail as soon as you call. Talk to one of our team members now at (800) 755-5174 or fill out our contact form online for a free, confidential case review.
We also provide the following legal services in San Marcos, CA:
