DUI Lawyer Upland, CA

DUI Lawyer Upland. DUI law in Upland is complex. You're being accused of a crime; depending on your history, you could go to prison. In California, you're required to participate in DUI tests if you're driving. Refusal to do so is another crime, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.

When you're up against the CA legal system, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is here to fight for your rights.

We are California's top DUI defense lawyers and decades of experience fighting against these charges. When you hire us, you're getting a team of accomplished defense attorneys who know how to navigate the Upland, CA, justice system and find the best result for your case.

If you wait too long to build a defense, it could become too late. Get a hold of us right away at (800) 755-5174 or tell us about your case online to start constructing your case's defense today.

Upland, CA, DUI Lawyer Traffic Stop Tips:

Nobody gets excited when they see red and blue flashing lights behind them, but it's still important to know how to handle a traffic stop. Below are four tips from a Upland, CA, DUI Lawyer for you that will guide you through your next traffic stop:

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. Many sober people will have trouble gathering up these documents under pressure. When you're already prepared to give them to the officer, you avoid that risk.

Tip #2: Be Silent When Alcohol Is Smelled
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 during the entirety of your interactions with the law. Protect yourself by keeping quiet until your lawyer arrives.

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
Resisting the police won't help — it will likely be something you regret. Nobody enjoys being pulled over, but remaining calm and respectful not only makes it easier for the officer; it also benefits 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 Upland?

California DUI Law allows an officer to arrest you regardless of your blood alcohol level, or even if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, typically using field sobriety tests, then make judgements based on how you do.

Right after your arrest, 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:

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: Independant of the criminal charge process, you'll have just 10 days to begin the process of protecting your license.
4. 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 Upland DUI defense lawyer will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to have another test run on your blood sample.
5. Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will negotiate with the Upland district attorney to avoid a trial with a plea deal that protects you. But if the prosecutor won't give you a favorable offer, your attorney should be preparing now.
6. Criminal Trial: It's rare that a DUI case will 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 consequences. 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 provide guidance for any charge, on both the criminal defense and administrative side. For advice on any stage with your charges, give us a call so that we can help!

Upland, CA, DUI Differences: Criminal Cases vs. DMV Hearings

Upland, CA, DUI charges include two separate fights: The criminal case and the administrative case. In CA, these are always two separate processes, but a leading DUI defense attorney from our offices will fight for you in both cases.

Here are descriptions of both case categories, and our process for defending your liberty and license:

Upland, CA, DUI Criminal Charges

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

Most of the steps in a DUI criminal case are identical to that of another criminal charge – 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 craft a staunch defense and push back against the charges. We'll debate the legality of the traffic stop, demonstrate any present errors in the police officer's judgement, look for faults in laboratory examinations, and hunt for other evidence that can exonerate you.

The vast majority of our DUI clients in Upland do not receive any jail sentence. Commonly, we'll work out a plea for reduced charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also argue for probation to maintain your freedom.

Upland, 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 automatically applied, and to successfully 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, 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 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. At the Law Offices of David S. Chesley, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.

If you miss that ten-day deadline, 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 Upland DUI defense lawyer immediately after being arrested.

Sentence You Could Face for a DUI in Upland, CA

Upland, CA, DUI criminal penalties can permanently affect your life – even though some are misdemeanors, you could still end up with a year in jail, or six months for a first offense.

Below, we've listed the different penalties you could be trying to avoid, depending on how exactly your charged and your history:

Beyond the Upland, CA legal sentence collateral consequences, such as loss or increased expense of insurance and career setbacks.

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 Upland, CA, immigration lawyer. At the Law Offices of David S. Chesley, we can help you in all aspects of your case: We'll explore diversion programs and plea deals that can keep a DUI off your record, fight against removal proceedings, and act as your guide through the citizenship application process.

After the Case: Expungement/Sealing

Whether your case ends in a conviction or an acquittal, you'll want to get back to life as normal, before the charges. The bad news is that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. Our Upland, CA, DUI defense team can also assist you with sealing/expunging records, and give you a chance to clean your record.

Important Qualities You Need in a Upland, CA DUI Attorney

No matter what DUI allegations you've been charged with, it's vital to pick the right lawyer to fight for you. Your team needs the expertise, preparation, and contacts to find the best outcome for your case. When evaluating DUI lawyers in Upland, CA, you want to judge the following:

1. Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our lines are never off, and you can contact us 24/7.
2. 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.
3. 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. With us, you can take advantage of a team that knows how to secure positive outcomes for our clients.

DUI Case Types We Defend Against in Upland

Criminal and administrative, whatever type of DUI charges you're fighting in Upland, CA – our DUI defense attorneys are prepared to battle against the charges.

Here is a list of the DUI cases we typically defend:

DUI Defense Tactics in Upland, CA

Whatever type of charge you're facing, our Upland, CA, DUI attorneys can help you fight it. When fighting cases, here are some of the possible defenses we'll use.

Contest the Legality of the Traffic Stop
If the arresting officer failed to obey the rules for investigating a DUI, then the evidence arising from that traffic stop could be invalid. This defense is effective if, for example, you were not read your Miranda rights before an interrogation, anything you said could be thrown out.

Flaws in BAC Tests
If you were arrested and given a breathalyzer, blood, or urine test, that can be the center of the prosecution's case. We will highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and analyze the state's case to see if there was an error made in how your evidence was processed.

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

Challenge Field Sobriety Tests
Field sobriety tests, like 'walk-and-turn,' are standard practice for police officers to use. But field sobriety tests are not objective measures of whether you're safe to drive or not. Your local DUI lawyer will inspect any records of the test and look for expert analysis that will show your performance in a more favorable light.

Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, you do still have viable defense strategies. We can examine your diet and medical conditions to find alternative explanations.

Get Rapid Assistance – Speak With Our Upland DUI Defense Lawyers NOW

DUI allegations are no joke. After you've been charged, it feels like there's no space to breathe. You can't drive anymore, you could find yourself in an interrogation room, you're assigned a court date…it's easy to be like there's no way forward. In order to find a way out of all that, you need to speak to aUpland, CA, DUI attorney as soon as possible.

Don't give up and let the district attorney win. Don't let your license go without a fight. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to defend you.

We're experts at defending all Upland, CA DUI charges. We're prepared to start building your defense now and will start protecting your driving privileges and your liberty right away. Reach out to us now at (800) 755-5174 or fill out our contact form online for a confidential consultation.

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

• Criminal Defense Lawyer