DUI Lawyer Santa Rosa. DUI law in Santa Rosa is complex. This isn't just an administrative issue; criminal charges can result in prison, fines, and additional harsh penalties. 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 while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If the Santa Rosa, CA, district attorney is coming after you, you should consult with an expert to find your best path forward. 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 at your service.
We are California's DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you hire us, you're getting a team of legal experts who know how to defend your rights in the Santa Rosa, CA, justice system and will always be honest with you about the state of your case and the best path forward.
Don't wait and let your chance slip away. Speak with one of our attorneys anytime, day or night, at (800) 755-5174 or contact us online to start constructing your case's defense today.
Santa Rosa, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Here are four tips from a Santa Rosa, 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 police see you fumbling as you try to gather these documents, they could think that you've been drinking. By keeping these documents on hand, you stop yourself from appearing inebriated.
Tip #2: Be Silent When Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent during the entirety of your interactions with the law. 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: Treat the Officer Respectfully
Acting belligerent and uncooperative won't help — it will increase your chances of getting in trouble. You should be respectful for more than its own sake, though; it also aids your defense: If you try to talk back or argue with the officer, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Santa Rosa?
California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you aren't 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 make arrests based on how you do.
If you've been placed under arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- 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: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your Santa Rosa DUI defense attorney will be filing motions, including motions to throw out illegal 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 contact the Santa Rosa district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if it does go to trial, your attorney should be crafting a strategy now.
- Criminal Trial: Most DUI cases won't go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- 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, you may be eligible to have your record sealed.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and DMV side. Whatever stage in the process you're at, you can start with a call to our offices!
DUIs in Santa Rosa, CA and Criminal Cases vs. DMV Hearings
Santa Rosa, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. Different CA organizations cover each of these aspects, 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 what our attorneys will do for your justice and license:
Santa Rosa, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Santa Rosa, CA, court.
Criminal cases, including DUIs, all follow the same basic process – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.
At the Law Offices of David S. Chesley, we protect your rights and discredit the criminal accusations. We'll question whether or not the traffic stop was legitimate, display flaws in the officer's analysis, look for faults in laboratory examinations, and look for evidence that can present an alternate narrative.
With our defense strategies, we are almost always successful at protecting our Santa Rosa, CA, clients from jail time. For several cases, 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 work out probation over jail or prison time.
Santa Rosa, CA, DUI License Suspension
On the other side of a Santa Rosa DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, and to successfully fight it, you'll need to request an administrative hearing within ten days of your arrest.
It's typical for the criminal case to be, by and large, separate from the DMV hearing. 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 blow, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll fight 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 another chance to arrange for that hearing. This is why it's critical to contact a Santa Rosa DUI defense lawyer as soon as you can after being arrested.
Sentence You Could Face for a DUI in Santa Rosa, CA
Santa Rosa, CA, DUI criminal penalties can leave a mark on your record for life – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be trying to avoid, depending on the circumstances of the alleged offense:
| 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 Santa Rosa, CA, you're also facing collateral consequences, such as rising insurance rates 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.
If any of the above situations apply to you, don't panic: Call one of our Santa Rosa, CA, immigration lawyers to get immediate help. 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 will protect you from the harshest outcomes, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Fortunately, if you're in Santa Rosa, CA, our DUI lawyers will also fight to protect you in this way, and give you a way to clean your record.
Important Qualities You Need in a Santa Rosa, CA DUI Attorney
No matter what DUI allegations you've been charged with, it's crucial to pick the right lawyer to fight for you. Your team needs the expertise, preparation, and ties to secure a positive outcome for your case. When you speak with Santa Rosa, CA, DUI attorneys about your case, ask them about the following:
- Availability: DUI allegations can happen any time, day or night. Our phones are ready for your call 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. We're proud to have received numerous accolades 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 Take On in Santa Rosa
It doesn't matter what kind of DUI you're facing in Santa Rosa, CA – our DUI defense team is prepared to battle against the charges.
Below, you can review a list of the DUI charges we have experience defending:
- 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 Santa Rosa, CA
When you work with the Law Offices of David S. Chesley, your Santa Rosa, CA, DUI attorney will draw from years of experience with effective defense strategies. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Contest the Legitimacy of the Arrest
If law enforcement made a mistake while conducting their investigation, your case could be thrown out on legal grounds. This defense is relevant if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Flaws in Blood, Breath, and/or Urine 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, retest when possible, and analyze the state's case to see if there was an error made in how your evidence was processed.
The discovery process is relevant to reviewing the testing records and other evidence.
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 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 show whether or not you were fairly judged.
Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, you do still have viable defense strategies. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Don't Wait – Contact Our Santa Rosa DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Santa Rosa, CA, it feels like there's no space to breathe. You lose your license, you might be interrogated, you're assigned a court date…it's easy to feel overwhelmed. Your path forward begins when you contact a lawyer as soon as possible.
Don't wait for the prosecution to build a case against you. Don't wait too long and lose your driving privileges. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Santa Rosa, CA DUI charges. We're prepared to start building your defense now and will can fight for your license and your rights now. Reach out to us 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 Santa Rosa, CA:
