DUI Lawyer Santa Barbara. If you're up against a DUI in Santa Barbara, it can feel overwhelming. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. CA law also prohibits you from refusing to take a DUI test, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you need someone in your corner. Trying to navigate the laws and the courts is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to defend you.
We are CA's best DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of accomplished defense attorneys who know how to defend your rights in the Santa Barbara, CA, legal system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Call anytime, day or night, at (800) 755-5174 or send us a note online to start building your defense today.
What Happens After a DUI Arrest in Santa Barbara?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, or if you aren't tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, likely utilizing field sobriety tests, then make arrests based on the results.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension starts right away, when you're arrested – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, the police are contacting the DMV about your DUI arrest, beginning the formal suspension.
- Arraignment: At some point when you're in jail, you will go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. Meanwhile, your Santa Barbara DUI defense attorney will be filing motions, including motions to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense attorney will communicate with the Santa Barbara prosecutor to avoid a trial with a plea deal that protects you. But if it does go to trial, your attorney should be building a defense now.
- Criminal Trial: It's unlikely that your DUI case will 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 some form of sentence. 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 you with advice on the best way to move forward, on both the criminal defense and DMV side. No matter where you are in your case, we have the experience to help you move towards a positive outcome!
Santa Barbara DUI: Fighting Criminal Cases vs. DMV Hearings
Santa Barbara, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the DMV case. These are handled separately by the state, but when you hire the right attorney, they can defend you in both cases.
Here are some things you need to know about both, and how we fight to protect your freedom and ability to drive:
Santa Barbara, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Criminal cases, including DUIs, all follow the same basic process – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pre-trial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we defend your freedom and fight against the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, argue against he officer's observations, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can show you are not guilty.
With our defense strategies, we are almost always successful at protecting our clients from jail time. For several cases, we'll get the prosecutor to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoavoid jail time with a probation sentence.
Santa Barbara, CA, DUI License Suspension
While your Santa Barbara criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension doesn't wait for your criminal case, and 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, your license can still be suspended even if you do not receive a criminal conviction. Instead, the hearing is to determine if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to BAC tests, whether or not you were properly informed of the consequences. When you hire us, we'll challenge 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 unsuspended. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's critical to contact a Santa Barbara DUI defense attorney right away after an arrest.
Potential Penalties for a DUI in Santa Barbara
CA DUI criminal penalties are intimidating – even for the ones considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be up against, depending on how exactly your charged and your history:
| Alleged DUI Offense | 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 |
On top of whatever sentence you receive in Santa Barbara court, you have to endure several collateral consequences, such as more expenses on your insurance and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
Whatever happens in the court case, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, 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. A DUI defense lawyer can help you with these processes, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's critical to pick the right lawyer to represent you. Your team needs the abilities, experience, and relationships to find the best outcome for your case. The top Santa Barbara, CA, DUI defense attorneys will have all of the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling over 50 years of experience.
- Availability: So that you can get help right away when you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We're familiar with the prosecutors in Santa Barbara and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. 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 CA.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.

DUI Case Types We Defend Against in Santa Barbara
Whatever DUI charge you're up against in Santa Barbara, CA – our DUI defense team is prepared for the charges.
Here are some of the DUI charges we often 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
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI and Professional Licenses in California
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI Probation Violation
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Penalties
- 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
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Street Racing
- Second Time DUI
- Third DUI California
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
Timing is Critical – Call Our Santa Barbara DUI Defense Lawyers RIGHT AWAY
DUI allegations are no joke. After you've been charged, it feels like there's no space to breathe. The police officer takes your license, there could be interrogations, you're given a court date…it's easy to feel stressed out. In order to find a way out of all that, you need to call a lawyer immediately.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Santa Barbara, CA DUI charges. We're ready to take on your case today and will begin protecting your license and your freedom immediately. Call us now at (800) 755-5174 or fill out our contact form online for a confidential consultation.
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