DUI Lawyer Temecula. Temecula DUI charges are very serious. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. You can face DUI charges even for just refusing to take the tests, and that can even result in tougher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If the Temecula, CA, district attorney is coming after you, you need someone in your corner. Trying to defeat the allegations is a problem you shouldn't have to solve without help, which is why the Law Offices of David S. Chesley is ready to stand by your side.
If you wait too long to build a defense, it could become too late. Speak with one of our attorneys as soon as possible at (800) 755-5174 or send us a note online to start putting together your defense today.
Temecula, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Temecula, CA, DUI Lawyer for you to help you get through any traffic stops unscathed:
Tip #1: Keep Your Documents Together
Keep your license, insurance card, and vehicle registration together and easily accessible. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. But if you already have them ready, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
You never need to answer a question that might incriminate you. 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 make things worse. 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 may help justify an arrest.
What Happens After a DUI Arrest in Temecula?
California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you don't blow at all. The police can use other methods to determine whether or not you were safe to drive, probably using field sobriety tests, then make arrests based on the results.
As soon as you're arrested, 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 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. While you're waiting for the trial, your Temecula DUI defense attorney will file pretrial motions, likely including some 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 speak with the Temecula prosecutor to present you with plea deal offers that could protect your freedom. But if you end up on trial in front of a judge, your attorney should be building a defense now.
- Criminal Trial: It's rare that a DUI case will go to trial, but if it reaches that point, we'll have a staunch defense ready for you.
- 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 help you out, no matter where you are in the process, on both the criminal defense and driver's license side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), you can start with a call to our offices!
Temecula, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Temecula, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. Different CA organizations cover each of these aspects, but at the Law Offices of David S. Chesley, our DUI defense lawyers will fight both.
Here are things to watch out for with both cases, and insights into how we protect your liberty and license:
Temecula, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Temecula, CA, court.
The general court process is the same as any other criminal case – 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 build your defense and dissect the supposed wrongdoing. We'll question whether or not the traffic stop was legitimate, poke holes in the subjective analysis of the officer, look for contaminations or errors in blood, breath, or urine tests, and look for evidence that can exonerate you.
We know what it takes to keep DUI defense clients out of jail in Temecula, CA. For many clients, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
Temecula, 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 goes into effect regardless of where you're at in the criminal process, and if you want 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, this administrative hearing is focused on if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. When you hire us, we'll challenge 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 any more chances to request that hearing. This is why it's crucial to contact a Temecula DUI defense attorney promptly after being arrested.
Potential Penalties for a DUI in Temecula
Temecula, CA, DUI criminal penalties are a lot to face – even though some are misdemeanors, it's possible to receive a year in jail, or six months for a first offense.
Below, you can read through the different penalties you could be facing, depending on how exactly your charged and your history:
| 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 |
You'll also be facing significant collateral consequences, such as loss or increased expense of insurance and impacts on your employment.
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 you're a United States immigrant facing a DUI, you need to stay in the country and contact a Temecula, CA, immigration lawyer immediately. At the Law Offices of David S. Chesley, we know that you need someone who has knowledge of both immigration and criminal law. We have both: We'll explore diversion programs that can protect you from a conviction, fight against removal proceedings, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, it's natural to want to move on and leave this in the past. It doesn't take long to realize, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Temecula, CA, DUI defense attorney can help you out here, too, and give you a chance to clean your record.
How to Pick the Right DUI Defense Lawyer
Defending yourself against a DUI in Temecula? It's crucial to pick the right lawyer to fight for you. Your team needs the expertise, experience, and relationships to provide the optimal outcome for your case. When evaluating DUI lawyers in Temecula, 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: 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. If you're ready to join our list of successes, call now.
DUI Case Types We Defend in Temecula
Administrative, criminal, or anything else related to DUIs in Temecula, CA – all of our DUI defense attorneys are prepared help you navigate the charges.
Here are some of the DUI allegations we can provide defenses for:
- 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 Temecula, CA
Whatever type of charge you're facing, our Temecula, CA, DUI attorneys can help you fight it. While there are many effective legal strategies available, picking the right one can make all the difference.
Challenge the Legality of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With Blood, Breath, and/or Urine Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. We will investigate any possible errors that were made when you took the test, retest when possible, and find any other mistakes law enforcement made that could exonerate you.
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 these tests are subjective. We will examine the evidence and provide alternate explanations for your performance.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. While properly conducted BAC tests are hard to disprove, our lawyers have more defense strategies we can pull from. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Rapid Assistance – Contact Our Temecula DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, it can feel like you barely have a chance to think. Your license disappears, there could be interrogations, you're assigned a court date…it's easy to be lost. Your path forward begins when you speak to a lawyer immediately.
Don't sit by and watch the evidence mount against you. Don't let your license go without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Temecula, CA DUI charges. We're available to help today and will work on a strategy to defend your license and your freedom as soon as you call. Get a hold of us now at (800) 755-5174 or tell us about your charges online for a no strings attached consultation.
We also provide the following legal services in Temecula, CA:
