DUI Lawyer South San Diego. The consequences of a DUI can be devastating. Your ability to drive isn't the only thing at risk; you're up against thousand dollar fines, years in jail, and more. You can face DUI charges even for just refusing to take the tests, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you should consult with an expert to find your best path forward. Trying to fight against the prosecution is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is at your service.
Take too long to start your defense, and you could miss your chance. Get in touch as soon as possible at (800) 755-5174 or send us a note online to start constructing your case's defense today.
South San Diego, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a South San Diego, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. Dropping them or failing to find them could just be a result of stress, but it can give the impression that you're impaired. By following this tip, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
You never need to answer a question that might incriminate you. You have the right to remain silent during the entirety of your interactions with the law. Even just saying "I only had two drinks" can work against you.
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
Arguing with the officer won't improve your case — it will make things worse. This is about more than just avoiding an arrest in the short term; it also helps your defense: When you resist or act disrespectfully, you are giving the police more evidence, which could contribute to their probable cause to arrest you.
What Happens After a DUI Arrest in South San Diego?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, 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 utilizing field sobriety tests, then arrest you based on your performance.
Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- 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: Independant of the criminal charge process, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Most people accused of DUIs in South San Diego, CA, are able to secure pretrial release, although they'll likely need to pay bail. Between your potential release and the trial, your South San Diego DUI defense attorney will file pretrial motions, likely including some to dismiss charges, and a "blood split" motion to reexamine your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense lawyer will bargain with the South San Diego prosecutor to present you with plea deal offers that could protect your freedom. But if the prosecutor won't give you a favorable offer, your attorney should be preparing 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 how your case turns out, 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 fight any allegation, on both the criminal defense and driver's license side. No matter where you are in your case, you can start with a call to our offices!
Defending Against South San Diego DUIs: Criminal Cases vs. DMV Hearings
South San Diego, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the fight for your license. These will never be handled in the same hearing, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are the key things to be aware of for each, and our process for defending your freedom and license:
South San Diego, 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 South San Diego, CA, legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – first, you're arrested. Second, you're informed of the charges at an arraignment. Third, you go through pretrial motions and negotiations. And finally, if it comes to it, a trial.
At the Law Offices of David S. Chesley, we listen to your side of the story and dissect the allegations. We'll deconstruct the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and hunt for other evidence that can result in a not guilty plea.
With our defense strategies, we are almost always successful at protecting our South San Diego, CA, clients from jail time. For many clients, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.
South San Diego, 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 is independent of the criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
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, this administrative hearing is focused on 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 work with a South San Diego, CA, DUI lawyer from our firm, we'll question 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 options. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's important to contact a South San Diego DUI defense attorney promptly after the arrest.
South San Diego DUI Sentences and Consequences
South San Diego, CA, DUI criminal penalties are a lot to face – while many are considered misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
On this table, you can review the different penalties you could be trying to avoid, depending on how exactly your charged and your history:
| Formal DUI 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 |
You'll also be facing significant collateral consequences, such as more expenses on your insurance 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.
If any of the above situations apply to you, don't panic: Call one of our South San Diego, CA, immigration lawyers to get immediate help. 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, represent you at deportation hearings, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you're liking looking forward to putting this all behind you. It doesn't take long to realize, though, that your arrest and/or criminal record can cause some major issues for your life. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our South San Diego, CA, DUI defense team can also assist you with sealing/expunging records, and give you a path to clean your record.
Important Qualities You Need in a South San Diego, CA DUI Attorney
Accused of a DUI in South San Diego? It is crucial to pick the right lawyer to take your case. Your team needs the skills, history, and connections to secure a positive outcome for your case. When evaluating DUI lawyers in South San Diego, CA, you want to judge the following:
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our offices are always available if you need to talk 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: Having a good reputation as someone who secures positive outcomes for clients is essential. 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. And we'd be proud to represent you as well.
DUI Case Types We Take On in South San Diego
Whatever DUI charge you're up against in South San Diego, CA – our DUI defense attorneys are prepared to defend you against the charges.
Below, you can review a list of the DUI case types we regularly 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 South San Diego, CA
If you want to craft an effective defense strategy, our South San Diego, CA, DUI lawyers are here to help. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Traffic Stop
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.
Show Issues With BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. Our team will look into any potential procedural errors, introduce alternative evidence when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a typical part of any traffic stop that turns into a DUI investigation. But ultimately, these are judgment calls on the part of the officer. Our attorneys will review the footage and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, we won't give up yet. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Start Your Defense Today – Speak With Our South San Diego DUI Defense Lawyers RIGHT AWAY
South San Diego, CA, DUI accusations are serious. After an arrest, it can feel like you barely have a chance to think. You lose your right to drive, a law enforcement official might be asking you hard questions, you're given a court date…it's easy to feel lost. Your path forward begins when you get in touch with aSouth San Diego, CA, DUI lawyer immediately.
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 South San Diego, CA DUI charges. We're prepared to start building your defense today and will can fight for your license and your liberty today. Call us now at (800) 755-5174 or let us know what you need online for a no-obligation consultation.
We also provide the following legal services in South San Diego, CA:
