DUI Lawyer San Mateo. If convicted, a DUI can permanently change your life for the worse. You're not just facing the loss of your license; if you're facing years in prison for a repeat offense, your car is the least of your worries. California law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you shouldn't need to do this without help. Trying to defeat the allegations is a fight that you need a team for, which is why the Law Offices of David S. Chesley is ready to defend you.
Don't wait and let your chance slip away. Speak with one of our attorneys as soon as possible at (800) 755-5174 or contact us online to start crafting your defense strategy today.
San Mateo, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but to successfully get through the situation when it does happen, you need to be prepared. Below are four tips from a San Mateo, CA, DUI Lawyer for you to remember if you're ever pulled over:
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. 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 aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent at all points in the legal process. 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: Respect the Law Enforcement Officer
Being rude won't improve your case — it can end up making your case harder to defend. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also aids your defense: By acting out or arguing, you are giving the police more evidence, which may come back up later in court.
What Happens After a DUI Arrest in San Mateo?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you don't blow at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, often using field sobriety tests, then make judgements based on their evaluation of you.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. Most DUI cases in San Mateo, 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: As soon as you're released from jail, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: Most people accused of DUIs in San Mateo, CA, are able to secure pretrial release, although they'll likely need to pay bail. Meanwhile, your San Mateo DUI defense attorney will file motions to strengthen your defense, such as ones to dismiss charges, and a "blood split" motion to have another test run on your blood sample.
- Negotiations With the Prosecutor: Alongside pretrial motions, your DUI defense attorney will negotiate with the San Mateo prosecutor to avoid a trial with a plea deal that protects you. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the outcome 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 help you with any step of the legal process, on both the criminal defense and driver's license side. For advice on any stage with your charges, give us a call so that we can help!
San Mateo DUI: Fighting Criminal Cases vs. DMV Hearings
San Mateo, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the administrative 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 some things you need to know about both, and how we fight to protect your liberty and license:
San Mateo, 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 – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we craft a staunch defense and dissect the allegations. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can result in a not guilty plea.
The vast majority of our DUI clients in San Mateo do not receive any jail sentence. Often, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
San Mateo, 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 regardless of where you're at in the criminal process, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the hearing is to determine if you were lawfully 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 fight 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 luck. Outside of rare cases, you don't get an extra chance to request that hearing. This is why it's vital to contact a San Mateo DUI defense attorney immediately after an arrest.
Sentence You Could Face for a DUI in San Mateo, CA
San Mateo, CA, DUI criminal penalties are a lot to face – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, you can read through 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 the San Mateo, CA legal sentence collateral consequences, such as more expenses on your insurance 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.
A DUI accusation doesn't have to end your time in the United States. You can get help from your San Mateo, CA, immigration lawyer. 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 that can protect you from a conviction, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, you're liking looking forward to putting this all behind you. However, 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 San Mateo, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a chance to clean your record.
When You're Picking a San Mateo, CA, DUI Lawyer, Consider These Factors
When you're facing DUI charges, it's essential to pick the right lawyer to defend your innocence. Your team needs the skills, history, and connections to provide the optimal outcome for your case. When you speak with San Mateo, CA, DUI attorneys about your case, ask them about the following:
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our team is prepared to help you 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. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in California.
Our recent DUI Case results speak for themselves. We want you to be our next success story.
DUI Case Types We Take On in San Mateo
It doesn't matter what kind of DUI you're facing in San Mateo, CA – our DUI defense attorneys are prepared to battle against the charges.
This is a list of the DUI charges 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 Tactics in San Mateo, CA
Our San Mateo, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. 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.
Contest the Legitimacy 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 could be used 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 BAC Tests
Many DUI cases center around a blood-alcohol content test. Our team will investigate any possible errors that were made when you took the test, push for tests to be redone, and find any other mistakes law enforcement made that could exonerate you.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are standard practice for police officers to use. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. While this is can be difficult to overcome, our lawyers have more defense strategies we can pull from. If you have a respiratory ailment, or another medical condition, that could impact how the breathalyzer measures your BAC, we will use that as a part of your defense.
Get Rapid Assistance – Call Our San Mateo DUI Defense Attorneys NOW
If you've been arrested or accused of a DUI in San Mateo, CA, it can be a whirlwind of legal processes. Your license disappears, there could be interrogations, you're assigned a court date…it's easy to be lost. In order to find a way out of all that, you need to call aSan Mateo, CA, DUI lawyer as soon as possible.
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 represent you.
We're experts at defending all San Mateo, CA DUI charges. We're standing by to answer your call fast and will can fight for your license and keep you out of jail now. Call us now at (800) 755-5174 or tell us about your case online for a no-obligation consultation.
We also provide the following legal services in San Mateo, CA:
