DUI Lawyer Thousand Oaks. Thousand Oaks DUI charges are very serious. This isn't just an administrative issue; 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 fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you've been accused of a DUI in Thousand Oaks, CA, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is ready to defend you.
We are California's leading DUI defense lawyers and know the ins and outs of DUI defense strategies that work. When you retain us, you're getting a team of veteran defense attorneys who know how to navigate the Thousand Oaks, CA, justice system and will always be honest with you about the state of your case and the best path forward.
Acting fast is key to protecting your freedom and license. Get a hold of us right away at (800) 755-5174 or send us a note online to start building your defense strategy today.
Thousand Oaks, CA, DUI Lawyer Traffic Stop Tips:
We'd all love to drive without any risk of being pulled over, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Below are four tips from a Thousand Oaks, CA, DUI Lawyer for you which can protect you from arrests and charges:
Tip #1: Have Your Documents Ready
After being pulled over, but before the police officer approaches your car, grab your license, vehicle registration, and insurance documentation. Many sober people will have trouble gathering up these documents under pressure. By following this tip, you avoid that risk.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
If law enforcement asks how much you've had to drink tonight, you don't need to give them an answer. You have Fifth Amendment protections at all points in the legal process. Trying to explain away the smell of alcohol will probably just get you in more trouble.
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: Don't Argue With the Officer
Arguing with the officer won't improve your case — it will increase your chances of getting in trouble. This isn't just something you're doing out of courtesy, though; it also benefits your defense: By acting out or arguing, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Thousand Oaks?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you aren't tested at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, likely through field sobriety tests, then decide whether or not to arrest you based on how you do.
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: Separate from the criminal charges, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Between your potential release and the trial, your Thousand Oaks DUI defense lawyer will file motions to strengthen your defense, such as ones to review the arrest footage, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: Inbetween pretrial motions, your DUI defense attorney will communicate with the Thousand Oaks prosecutor to find a plea deal that minimizes penalties for you. But if it does go to trial, your attorney should be creating a defense now.
- Criminal Trial: It's rare that a DUI case will go to trial, but we don't count on that possibility and will be ready 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 administrative side. No matter where you are in your case, you can start with a call to our offices!
Thousand Oaks DUI Allegations and Criminal Cases vs. DMV Hearings
Thousand Oaks, CA, DUI charges are always a two-pronged challenge: The criminal case and the administrative case. 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 descriptions of both case categories, and our process for defending your liberty and ability to drive:
Thousand Oaks, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we build your defense and attack the charges. We'll examine the lawfulness of the traffic stop, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and look for witness testimony and other proof that can tell a different story.
With our defense strategies, we are almost always successful at protecting our Thousand Oaks, CA, clients from jail time. Frequently, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also search for a deal that protects your freedom and avoids any jail sentence.
Thousand Oaks, CA, DUI License Suspension
While your Thousand Oaks criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is independent of the criminal case, and to fight it, you'll need to request an administrative hearing within ten days of being arrested.
The criminal charges are not always relevant in the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. 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 to participate in tests, whether or not you were properly informed of the consequences. When you work with us, we'll work to undermine 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 any more chances to set up that hearing. This is why it's crucial to contact a Thousand Oaks DUI defense attorney without delay after the arrest.
Potential Penalties for a DUI in Thousand Oaks
Thousand Oaks, CA, DUI criminal penalties are intimidating – even though some are 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 what your charges are:
| 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 |
Beyond the Thousand Oaks, CA legal sentence 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.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Thousand Oaks, CA, immigration lawyer. 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 with alternatives to criminal sentencing, fight against removal proceedings, and assist you with the citizenship application process.
After the Case: Expungement/Sealing
Whatever happens in the court case, you'll probably be looking to move on as soon as possible. Unfortunately, your arrest and/or criminal record can stick with you. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our Thousand Oaks, CA, DUI defense team can also assist you with sealing/expunging records, and give you a way to clean your record.
How to Pick the Right DUI Defense Lawyer
Up against DUI charges? It's important to pick the right lawyer to defend your innocence. Your team needs the expertise, background, and contacts to provide the optimal outcome for your case. Here are the main things to look for in your Thousand Oaks, CA, DUI defense lawyer:
- 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: 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.
DUI Case Types We Defend in Thousand Oaks
Whatever type of DUI charge you need help with in Thousand Oaks, CA – all of our DUI defense attorneys are prepared to battle against the charges.
This is a list of the DUI cases we frequently 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 Thousand Oaks, CA
Our Thousand Oaks, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legality of the Traffic Stop
The police need to follow rules when initiating a traffic stop and investigating a potential DUI. If they broke those rules, then the evidence arising from that traffic stop could be invalid. This defense is relevant if, for example, the police officer did not properly calibrate the breathalyzer before administering the test, that evidence is invalid.
Show Issues With Blood, Breath, and/or Urine Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. Our team will investigate whether or not the procedure was followed when administering the tests, push for tests to be redone, and analyze the state's case to see if there was an error made in how your evidence was processed.
Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are often used by officers to evaluate whether someone is impaired or not. But you can still challenge them – they are not ironclad proof of guilt. An experienced Thousand Oaks, CA, DUI attorney will know how to dissect any records and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
It's easy to feel like you're out of options if you were tested and your BAC was .08 or higher. This may sound bad, but it's not the end of your case. 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 – Talk To Our Thousand Oaks DUI Defense Attorneys RIGHT AWAY
DUI allegations are no joke. After you've been charged, it can be a whirlwind of legal processes. You lose your right to drive, you could find yourself in an interrogation room, you're assigned a court date…it's easy to feel lost. In order to find a way out of all that, you need to contact a lawyer now.
Don't let the state decide how your case will go. Don't miss your chance for a DMV administrative hearing to protect your license. Don't try to handle it on your own. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Thousand Oaks, CA DUI charges. We're available to help immediately and will start safeguarding your license and your rights today. Speak with a lawyer now at (800) 755-5174 or tell us about your charges online for a free, confidential consultation.
We also provide the following legal services in Thousand Oaks, CA:
