DUI Lawyer Whittier. DUI law in Whittier is complex. Your ability to drive isn't the only thing at risk; criminal charges can result in prison, fines, and additional harsh penalties. CA law also prohibits you from refusing to take a DUI test, and that can even result in tougher penalties. And there are differences in DUI alcohol versus DUI marijuana cases, or other drugs.
When you're up against the CA legal system, you need help from a DUI defense expert. Trying to fight 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 defend you.
We are CA's top DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of legal experts who know how to navigate the Whittier, CA, legal system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Call now at (800) 755-5174 or contact us online to start constructing your defense strategy today.
What Happens After a DUI Arrest in Whittier?
CA DUI Law allows an officer to arrest you without a BAC level over the limit, or if you aren't tested at all. Officers are able to arrest you this way because CA allows them to make subjective judgements, likely via field sobriety tests, then arrest you based on the results.
As soon as you're arrested, 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 – at that time, you will be given a 30-day, temporary license, and the police will take away your existing license. In the meantime, the police are informing the DMV about the arrest, officially suspending your license.
- Arraignment: While under arrest, you will go to court, and a prosecutor will inform you of the charges against you.
- DMV Hearing: Separate from the criminal charges, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Meanwhile, your Whittier DUI defense lawyer will be filing motions, including motions to suppress unlawfully collected evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense attorney will contact the Whittier 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 crafting a strategy now.
- Criminal Trial: It's unlikely that your 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 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 DMV side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
Defending Against Whittier DUIs: Criminal Cases vs. DMV Hearings
Whittier, CA, DUI charges can be twice as complicated as some other charges, because of their two-sided nature: The criminal case and the administrative case. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are the key things to be aware of for each, and insights into how we protect your freedom and license:
Whittier, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Criminal cases, including DUIs, all follow the same basic process – 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 protect your rights and fight against the supposed wrongdoing. We'll deconstruct the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and look for evidence that can exonerate you.
With our defense strategies, we are almost always successful at protecting our clients from jail time. For several cases, we'll negotiate a plea deal to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsoavoid jail time with a probation sentence.
Whittier, CA, DUI License Suspension
On the other side of a Whittier DUI charge is the DMV and your license suspension. This suspension doesn't wait for your criminal case, 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 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 BAC tests, whether or not you were properly informed of the consequences. When you work with us, we'll challenge the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of luck. Outside of rare cases, you don't get another chance to set up that hearing. This is why it's critical to contact a Whittier DUI defense attorney right away after being arrested.
DUI Punishments in Whittier
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.
Here's an outline of 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 |
On top of whatever sentence you receive in Whittier court, you have to endure several collateral consequences, such as increased insurance premiums and barriers between you and professional licenses.
After the Case: Expungement/Sealing
Whether you're found guilty or not guilty, odds are, you'll want to leave it in the past and move forward with your life. Unfortunately, your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, you may be eligible to either expunge or seal your records. A DUI defense attorney can help you out here, too, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI alleges you've been charged with, it's key to pick the right lawyer to defend you. Your team needs the expertise, practice, and connections to provide the optimal outcome for your case. When looking for a DUI defense lawyer in Whittier, CA, look for these signs:
- 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 more than 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our lines are never off, and you can contact us 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We have experience working with the prosecutors in Whittier and all throughout CA.
- 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 CA.
- Track Record of Success: At the end of the day, results matter. And our results are great. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Defend Against in Whittier
Criminal and administrative, whatever type of DUI charges you're fighting in Whittier, CA – the Law Offices of David S. Chesley is prepared to battle against the charges.
Below are some of the DUI charges we often 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
Don't Wait – Call Our Whittier DUI Defense Lawyers TODAY
After a DUI arrest, 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 feel overwhelmed. And that's why it's all the more important to call a DUI defense lawyer right away.
Don't give the state a chance to put you behind bars. Don't lose your license because you missed the DMV hearing window. Don't just hope it will all just go away. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all Whittier, CA DUI charges. We're equipped with the tools to build your case right now and will begin protecting your license and your freedom as soon as you call. Call us now at (800) 755-5174 or tell us about your case online for a confidential consultation.
We also provide the following legal services in Whittier, CA:
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