DUI Lawyer South San Diego. DUI law in South San Diego is complex. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, and in some cases, refusing can give you even worse penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you don't want to be alone. 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 prepared to defend your freedom.
We are CA's best DUI defense lawyers and have successfully fought countless DUI charges. When you work with us, you're getting a team of former prosecutors who know how to protect you in the South San Diego, CA, legal system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Get in touch anytime, day or night, at (800) 755-5174 or tell us about your case online to start constructing your defense today.
What Happens After a DUI Arrest in South San Diego?
CA DUI Law allows an officer to arrest you even if you BAC is below .08, or if you don't blow at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, likely utilizing field sobriety tests, then arrest you based on the results.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension can begin as soon as you're arrested – on the spot, you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, they are providing a record of the arrest to the CA DMV, officially suspending your license.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: As soon as you're released from jail, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the meantime, your South San Diego DUI defense attorney will file pretrial potions, likely including some to suppress evidence, 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 lawyer will negotiate with the South San Diego prosecutor to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be crafting a strategy now.
- Criminal Trial: It's unlikely that your DUI case will go to trial, but just in case it does, our team always crafts a trial-ready defense.
- 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 provide you with advice on the best way to move forward, on both the criminal defense and DMV side. Whatever stage in the process you're at, we have the experience to help you move towards a positive outcome!
Defending Against South San Diego DUIs: Criminal Cases vs. DMV Hearings
South San Diego, CA, DUI charges are always a two-pronged challenge: The criminal case and the license suspension. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and insights into how we protect your freedom and driving privileges:
South San Diego, 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 – arrest, arraignment, pretrial activity, and possibly trial.
At the Law Offices of David S. Chesley, we craft a staunch defense and attack the allegations. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can tell a different story.
The vast majority of our DUI clients in South San Diego do not receive any jail sentence. For several cases, we'll work out a plea for reduced charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
South San Diego, CA, DUI License Suspension
While your South San Diego criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect automatically, and to fight it, you'll need to request an administrative hearing within ten days of your arrest.
At the administrative hearing, you're not facing criminal charges. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the outcome of the DMV hearing hinges on whether or not 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. At the Law Offices of David S. Chesley, 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 a second chance to schedule that hearing. This is why it's important to contact a South San Diego DUI defense attorney immediately after an arrest.
South San Diego DUI Sentences and Consequences
CA DUI criminal penalties are a lot to face – even for the ones considered 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 up against, depending on the circumstances of the alleged offense:
| 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 |
You'll also be facing significant collateral consequences, such as more expenses on your insurance and potential punitive actions from professional licensing organizations.
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. However, 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 key to pick the right lawyer to represent you. Your team needs the expertise, history, and relationships to find the best outcome for your case. When looking for a DUI defense lawyer in South San Diego, CA, look for these signs:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you get a team that has former judges, prosecutors, and police, 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: You need connections to get a good plea deal. We're familiar with the prosecutors in South San Diego and all throughout CA.
- 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 CA.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. We're ready to add you to our list of success stories.
DUI Case Types We Defend Against in South San Diego
It doesn't matter what kind of DUI you're facing in South San Diego, CA – our DUI defense lawyers are prepared to defend you against the charges.
Here is a list of the DUI allegations we typically 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
Start Your Defense Today – Call Our South San Diego DUI Defense Lawyers RIGHT AWAY
DUI allegations are no joke. After you've been charged, it feels like there's no space to breathe. You lose your license, there could be interrogations, you're given a court date…it's easy to be stressed out. With everything going on, your best way out is to hire a DUI defense lawyer immediately.
Don't wait for the prosecution to build a case 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 defend you.
We're experts at defending all South San Diego, CA DUI charges. We're ready to take on your case today and will start safeguarding your license and keep you out of jail right away. Call us now at (800) 755-5174 or tell us about your case online for a free, confidential consultation.
We also provide the following legal services in South San Diego, CA:
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