DUI Lawyer Santa Fe Springs. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; you're up against thousand dollar fines, years in jail, and more. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, 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.
When you're up against the CA legal system, you need help from a DUI defense expert. Trying to navigate the laws and the courts is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is at your service.
If you want to build an effective defense, you need to act now. Call anytime, day or night, at (800) 755-5174 or tell us about your charges online to start crafting your case's defense today.
Santa Fe Springs, CA, DUI Lawyer Traffic Stop Tips:
Nobody gets excited when they see red and blue flashing lights behind them, but to successfully get through the situation when it does happen, you need to be prepared. Here are four tips from a Santa Fe Springs, 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. Many sober people will have trouble gathering up these documents under pressure. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have the right to remain silent both before and after an arrest. Call your DUI lawyer and stay quiet until they arrive.
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
Refusing to cooperate with the police won't improve your case — it will come back to bite you. This is about more than just avoiding an arrest in the short term; it also benefits your defense: When you resist or act disrespectfully, you are giving the police more evidence, which may help justify an arrest.
What Happens After a DUI Arrest in Santa Fe Springs?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, generally using field sobriety tests, then decide whether or not to arrest you based on the results.
If you've been placed under arrest, the CA legal system will proceed with both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- 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 have just 10 days to begin the process of protecting your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Between your potential release and the trial, your Santa Fe Springs DUI defense lawyer will building the framework of your defense and filing motions to suppress evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will communicate with the Santa Fe Springs district attorney to try and secure a favorable deal before a trial. But if that doesn't work, your attorney should be refining a defense strategy now.
- Criminal Trial: Your case probably will not go to trial, but we don't count on that possibility and will be ready if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face sanctions. However, if you are found not guilty or enough time has passed, you may be eligible to have your record sealed.
Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. If you're facing a potential conviction, you can start with a call to our offices!
Santa Fe Springs, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Santa Fe Springs, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but a skilled DUI defense attorney will help you with both.
Here are some things you need to know about both, and ways we defend your liberty and driving privileges:
Santa Fe Springs, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To protect yourself against the allegations, you'll need to fight in the Santa Fe Springs, CA, legal system.
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 build your defense and push back against the accusations. We'll examine the lawfulness of the traffic stop, question the legitimacy of the officer's subjective observations, look for faults in laboratory examinations, and look for evidence that can tell a different story.
If you're facing jail time in Santa Fe Springs, CA, our attorneys can help you avoid it. For several cases, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
Santa Fe Springs, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
The criminal charges are not always relevant in the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. 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 blow, whether or not you were properly informed of the consequences. When you work with a Santa Fe Springs, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If you waited too long and it's past the deadline to request a hearing, though, the suspension is probably hear to stay. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's crucial to contact a Santa Fe Springs DUI defense attorney right away after an arrest.
Potential Penalties for a DUI in Santa Fe Springs
Santa Fe Springs, CA, DUI criminal penalties can permanently affect your life – while many are considered 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 fighting against, 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 Santa Fe Springs, CA legal sentence collateral consequences, such as rising insurance rates and potential punitive actions from professional licensing organizations.
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.
These accusations can be intimidating, but they are not the end. Your Santa Fe Springs, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs with alternatives to criminal sentencing, fight to keep you in the country, and act as your guide through the citizenship application process.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you're liking looking forward to putting this all behind you. Unfortunately, your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Santa Fe Springs, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
Important Qualities You Need in a Santa Fe Springs, CA DUI Attorney
Defending yourself against a DUI in Santa Fe Springs? It's essential to pick the right lawyer to take your case. Your team needs the proficiency, history, and relationships to give you opportunities for a positive outcome for your case. Here are the main things to look for in your Santa Fe Springs, CA, DUI defense lawyer:
- Availability: You should be able to get help fast, whenever you need it. You can get a hold of us 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: The best lawyers are often professionally recognized. We are proud to be respected amongst our peers 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 Santa Fe Springs
It doesn't matter what kind of DUI you're facing in Santa Fe Springs, CA – all of our DUI defense attorneys are prepared for the charges.
Here are some of the DUI cases 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
- 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 Santa Fe Springs, CA
When you work with the Law Offices of David S. Chesley, your Santa Fe Springs, 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.
Contest 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 could be used if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Flaws in Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. We will highlight the ways that these tests can give false readings, re-examine the evidence to look for alternate explanations, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But ultimately, these are judgment calls on the part of the officer. We will audit the test records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. This may sound bad, but it's not the end of your case. If you have certain medical conditions, those can cause false positives. For example, some inhalers can artificially raise the amount of alcohol in your breath, depending on how they are used.
Don't Wait – Talk To Our Santa Fe Springs DUI Defense Lawyers RIGHT AWAY
Santa Fe Springs, CA, DUI accusations are serious. After an arrest, it feels like there's no space to breathe. Your license is suspended, law enforcement might try to do additional tests, you're told you have a court date…it's easy to feel lost. And that's why it's all the more important to contact a DUI defense attorney immediately.
Don't sit by and watch the evidence mount against you. Don't lose your ability to drive without a fight. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to fight for you.
We're experts at defending all Santa Fe Springs, CA DUI charges. We're available to help today and will start protecting your driving privileges and your freedom now. Talk to one of our team members now at (800) 755-5174 or get in touch online for a confidential case review.
We also provide the following legal services in Santa Fe Springs, CA:
