DUI Lawyer Tracy, CA

DUI Lawyer Tracy. Tracy DUI charges are very serious. This isn't just an administrative issue; if you're facing years in prison for a repeat offense, your car is the least of your worries. If you declined to take an alcohol test, you can face separate charges, and the consequences you face might be even worse than a DUI conviction. And DUIs involving drugs are treated differently than those involving alcohol.

Regardless of whether you're innocent or not, you should consult with an expert to find your best path forward. Trying to defeat the allegations is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Tracy, CA.

We are California's DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you choose us, you're getting a team of accomplished defense attorneys who know how to fight for you in the Tracy, CA, justice system and get you the best outcome possible.

Acting fast is key to protecting your freedom and license. Get in touch right away at (800) 755-5174 or tell us how we can help online to start putting together your defense today.

Tracy, 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 Tracy, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:

Tip #1: Have Your Documents Ready
It's typical for an officer to request for your license, registration, and proof of insurance during a traffic stop. With an officer staring you down, asking for documents you may not have had to touch in months, it's easy to get flustered. 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 at all points in the legal process. Don't talk without an attorney present.

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: Be Polite and Don't Argue
Arguing with the officer won't improve your case — it can end up making your case harder to defend. This isn't just something you're doing out of courtesy, though; it also helps your defense: By acting out or arguing, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.

What Happens After a DUI Arrest in Tracy?

California DUI Law allows an officer to arrest you independant of your blood alcohol concentration, or even if you refuse to be tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically utilizing field sobriety tests, then make arrests based on the results.

If you've been placed under arrest, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:

1. 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.
2. 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.
3. DMV Hearing: While all of the criminal proceedings are going on, you'll have just 10 days to begin the process of protecting your license.
4. Pretrial Motions: Most people accused of DUIs in Tracy, CA, are able to secure pretrial release, although they'll likely need to pay bail. While you're waiting for the trial, your Tracy DUI defense expert will building the framework of your defense and filing motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
5. Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense lawyer will bargain with the Tracy district attorney to find a positive outcome for you that avoids a trial through a plea deal. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy now.
6. Criminal Trial: Outside of extraordinary circumstances, it's rare for a DUI case to go to trial, but just in case it does, our team always crafts a trial-ready defense.
7. Sentencing/Sealing: Depending on the result of your case, you may face a punishment. 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 help you fight any allegation, on both the criminal defense and driver's license side. Whatever stage in the process you're at, you can start with a call to our offices!

Tracy DUI Allegations and Criminal Cases vs. DMV Hearings

Tracy, 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 both cases can be fought by the same DUI defense lawyer.

Here are important factors for both case types, and how we fight to protect your liberty and ability to drive:

Tracy, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges. And that means you'll have to go to Tracy, CA, court.

Criminal cases, including DUIs, all follow the same basic process – 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 provide expert defense and dissect the charges. We'll question whether or not the traffic stop was legitimate, demonstrate any present errors in the police officer's judgement, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can result in a not guilty plea.

If you're facing jail time in Tracy, CA, our attorneys can help you avoid it. Often, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.

Tracy, CA, DUI License Suspension

While your Tracy criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and to effectively fight it, you'll need to request an administrative hearing within ten days of your arrest.

In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, no matter what the court decision was, it won't automatically give you back your license. Instead, the outcome of the DMV hearing hinges on whether or not 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 Tracy, CA, DUI lawyer from our firm, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.

If you miss that ten-day deadline, though, you're out of luck. Outside of rare cases, you don't get a second chance to request that hearing. This is why it's important to contact a Tracy DUI defense lawyer right away after an arrest.

Potential Penalties for a DUI in Tracy

Tracy, CA, DUI criminal penalties are intimidating – even though some are misdemeanors, you're still facing a year in jail, or six months for a first offense.

Here's an outline of the different penalties you could be fighting against, depending on how exactly your charged and your history:

You'll also be facing significant collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.

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.

These accusations can be intimidating, but they are not the end. Your Tracy, CA, immigration lawyer can give you practical advice on what comes next. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and guide you through your citizenship application.

After the Case: Expungement/Sealing

Whether you're found innocent or not, you'll want to get back to life as normal, before the charges. The bad news is that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, it might be possible to either expunge or seal your records. A Tracy, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.

Important Qualities You Need in a Tracy, CA DUI Attorney

Up against DUI charges? It's essential to pick the right lawyer to take your case. Your team needs the abilities, practice, and relationships to provide the optimal outcome for your case. When you speak with Tracy, CA, DUI attorneys about your case, ask them about the following:

1. Availability: Because alleged DUIs can happen outside of the 9-to-5. Our offices are always available if you need to talk 24/7.
2. Reputation: The best lawyers are often professionally recognized. We are proud of our reputation with former clients 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 Tracy

Whatever type of DUI charge you need help with in Tracy, CA – the Law Offices of David S. Chesley is prepared to defend you against the charges.

Here are some of the DUI charges we regularly defend:

DUI Defense Tactics in Tracy, CA

Whatever type of charge you're facing, our Tracy, CA, DUI attorneys can help you fight it. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.

Challenge the Legitimacy of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, your case could be thrown out on legal grounds. This defense is relevant if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.

Flaws in Blood, Breath, and/or Urine Tests
Fighting against chemical tests can be difficult, but a skilled DUI defense attorney will know how to look for flaws in them. We will investigate any possible errors that were made when you took the test, introduce alternative evidence when possible, and look for any issues in how the evidence was handled.

The discovery process is relevant to reviewing the testing records and other evidence.

Challenge Field Sobriety Tests
Field sobriety tests, like 'horizontal gaze nystagmus,' are a widely-recognized way of evaluating somebody's level of impairment. But you can still challenge them – they are not ironclad proof of guilt. We will examine the evidence and look for expert analysis that will show your performance in a more favorable light.

Explain BAC With Medical Conditions
In most cases, law enforcement will follow proper procedure when testing your blood alcohol level. Let's say that this is true for your stop, and your BAC was over the legal limit. This may sound bad, but we won't give up yet. We can examine your diet and medical conditions to find alternative explanations.

Get Immediate Help – Talk To Our Tracy DUI Defense Attorneys RIGHT AWAY

After a DUI arrest, it feels like there's no space to breathe. Your license disappears, there could be interrogations, you're assigned a court date…it's easy to feel lost. Your path forward begins when you speak to aTracy, CA, DUI lawyer right away.

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 try to handle it on your own. Hire the Law Offices of David S. Chesley to defend you.

We're experts at defending all Tracy, CA DUI charges. We're equipped with the tools to build your case today and will can fight for your license and keep you out of jail today. Talk to one of our team members now at (800) 755-5174 or let us know what you need online for a free, confidential case review.

We also provide the following legal services in Tracy, CA:

• Criminal Defense Lawyer