DUI Lawyer Temecula. DUI law in Temecula is complex. Besides losing your license, there's a lot at stake; you're also facing jail time, fines, and other penalties. You can face DUI charges even for just refusing to take the tests, and by declining, you could face even harsher penalties. And while the same CA law covers DUIs involving alcohol and other drugs, the defense strategies can be wildly different.
If you're facing these types of charges in CA, you need someone in your corner. Trying to defend yourself against the charges is a challenge nobody should have to face on their own, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are CA's leading DUI defense lawyers and have successfully fought countless DUI charges. When you hire us, you're getting a team of legal experts who know how to navigate the Temecula, CA, court system and find the best result for your case.
Don't wait and let your chance slip away. Reach out anytime, day or night, at (800) 755-5174 or contact us online to start building your defense today.
What Happens After a DUI Arrest in Temecula?
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, often using field sobriety tests, then arrest you based on that.
Once this happens, the CA legal system automatically begins the process for both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can begin as soon as you're arrested – you will be given a 30-day, temporary license, while the officer will keep your regular license. Meanwhile, they are contacting the DMV about your DUI arrest, beginning the formal suspension.
- Arraignment: While under arrest, you will be brought before a judge, and a prosecutor will announce what charges you're up against.
- DMV Hearing: Separate from the criminal charges, you'll have 10 days after the arrest to contact the DMV for a hearing.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. In the interim, your Temecula DUI defense lawyer will be filing motions, including motions to dismiss charges, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will contact the Temecula prosecutor to find a plea deal that minimizes penalties for you. But if you do have to fight the charges in a trial, your attorney should be preparing now.
- Criminal Trial: It's rare that a 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 penalties. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and license side. No matter where you are in your case, call now and we'll be happy to assist!
Defending Against Temecula DUIs: Criminal Cases vs. DMV Hearings
Temecula, CA, DUI charges include two separate fights: The criminal case and the administrative case. In CA, these are always two separate processes, but a skilled DUI defense attorney will help you with both.
Here are the key things to be aware of for each, and ways we defend your freedom and license:
Temecula, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
The general court process is the same as any other criminal case – 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 provide expert defense and attack the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, argue against he officer's observations, look for weaknesses in the breathalyzer test, and look for evidence that can result in a not guilty plea.
We have an extremely strong track record of clients who have avoided jail time. Frequently, we'll negotiate a plea deal to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
Temecula, CA, DUI License Suspension
While your Temecula 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.
The criminal charges are not always relevant in the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the focus of this hearing is whether or not 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. When you hire us, we'll question the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's critical to contact a Temecula DUI defense lawyer right away after being arrested.
Temecula DUI Sentences and Consequences
CA DUI criminal penalties are intimidating – while many are considered misdemeanors, they can still result in up to 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 nature of the allegations:
| 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 |
Beyond the Temecula, CA legal sentence collateral consequences, such as more expenses on your insurance and potential punitive actions from professional licensing organizations.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll want to get back to life as normal, before the charges. However, your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. Our DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
When you're facing DUI charges, it's key to pick the right lawyer to fight for you. Your team needs the abilities, experience, and ties to provide the optimal outcome for your case. The top Temecula, CA, DUI defense attorneys will have all of the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, several of our members are former judges, prosecutors, and police, totalling over 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. You can get a hold of us 24/7.
- Relationships: You need connections to get a good plea deal. We're familiar with the prosecutors in Temecula and all throughout CA.
- Reputation: The best lawyers are often professionally recognized. We're proud to have received numerous accolades 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 want you to be our next success story.
DUI Case Types We Defend in Temecula
Criminal and administrative, whatever type of DUI charges you're fighting in Temecula, CA – the Law Offices of David S. Chesley is prepared to battle against the charges.
Here are some of the DUI charges 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
- 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 Temecula DUI Defense Attorneys NOW
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. The police officer takes your license, you might be interrogated, you're told you have a court date…it's easy to be out of control. In order to find a way out of all that, you need to call a lawyer immediately.
Don't give the state a chance to put you behind bars. Don't miss your chance for a DMV administrative hearing to protect your license. 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 Temecula, CA DUI charges. We're ready to take on your case now and will start safeguarding your license and your rights right away. Get a hold of 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 Temecula, CA:
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