DUI Lawyer Yucaipa, CA

DUI Lawyer Yucaipa. DUI law in Yucaipa is complex. You're being accused of a crime; you're up against thousand dollar fines, years in jail, and more. 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 it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.

If the Yucaipa, CA, district attorney is coming after you, you need someone in your corner. Trying to defeat the allegations is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in Yucaipa, 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 legal experts who know how to defend your rights in the Yucaipa, 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. Speak with one of our attorneys today at (800) 755-5174 or contact us online to start constructing your defense today.

Yucaipa, CA, DUI Lawyer Traffic Stop Tips:

We'd all love to drive without any risk of being pulled over, but knowing how to handle the situation is important for all Yucaipa, CA, residents. Below are four tips from a Yucaipa, CA, DUI Lawyer for you to remember if you're ever pulled over:

Tip #1: Keep Your Documents Together
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. 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 keeping these documents on hand, you avoid that risk.

Tip #2: Be Silent When Alcohol Is Smelled
If either the officer alleges that they smell alcohol, or you can smell alcohol yourself, don't answer any questions. You have Fifth Amendment protections both before and after an arrest. Even just saying "I only had two drinks" can work against you.

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 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 aids your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which may come back up later in court.

What Happens After a DUI Arrest in Yucaipa?

California DUI Law allows an officer to arrest you even if you BAC is below .08, or even if you refuse to be tested at all. This is because the officer can make a subjective judgment about whether you are impaired or not, generally through field sobriety tests, then decide whether or not to arrest you based on their evaluation of you.

As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. You can expect the following steps to play out in your case:

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 need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
4. Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. In the meantime, your Yucaipa DUI defense attorney will laying the groundwork of your defense through motions to suppress evidence, and a "blood split" motion to retest your blood sample.
5. Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will work directly with the Yucaipa district attorney to try and secure a favorable deal before a trial. But if it does go to trial, your attorney should be crafting a strategy now.
6. Criminal Trial: Your case probably will not 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, it's possible that your record will be eligible for sealing.

Our DUI legal experts can provide guidance for any charge, on both the criminal defense and bureaucratic side. If you're facing a potential conviction, you can start with a call to our offices!

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

Yucaipa, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the license suspension. In CA, these are always two separate processes, but both cases can be fought by the same DUI defense lawyer.

Here are descriptions of both case categories, and our process for defending your freedom and vehicular rights:

Yucaipa, CA, DUI Criminal Charges

Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.

The general court process is the same as any other criminal case – after being formally told what crime you're being charged with, you'll likely be given terms of release and undergo pretrial procedures such as filing motions. As we mentioned above, trials are rare in DUI cases, but it is possible for them to reach that stage.

At the Law Offices of David S. Chesley, we present reasonable doubt and attack the supposed wrongdoing. We'll argue whether the police had the justification needed to pull you over, question the legitimacy of the officer's subjective observations, look for contaminations or errors in blood, breath, or urine tests, and search for other witnesses or evidence that can present an alternate narrative.

If you're facing jail time in Yucaipa, CA, our attorneys can help you avoid it. For many clients, we'll work out a plea for reduced charges, 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.

Yucaipa, CA, DUI License Suspension

Even though the criminal charges may sound like the more serious matter, don't neglect the DMV and your license suspension. This suspension is independent of the criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.

At the administrative hearing, you're not facing criminal charges. In fact, you can lose your license regardless of the outcome of the criminal case. 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 participate in tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Yucaipa, CA, DUI lawyer to navigate. At the hearing, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.

If you waited too long and it's past the deadline to request a hearing, though, you'll likely have to endure the suspension. Outside of rare cases, you don't get any more chances to set up that hearing. This is why it's important to contact a Yucaipa DUI defense attorney as soon as you can after the traffic stop.

Potential Penalties for a DUI in Yucaipa

Yucaipa, 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, you can read through the different penalties you could be fighting against, depending on what your charges are:

On top of whatever sentence you receive in Yucaipa court, you have to endure several collateral consequences, such as rising insurance rates 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 Yucaipa, CA, immigration lawyer immediately. 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 that can protect you from a conviction, represent you at deportation hearings, and assist you with the citizenship application process.

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. You'll find, though, that your arrest and/or criminal record won't go away on its own. Depending on your case outcome, you could have an avenue to either expunge or seal your records. A Yucaipa, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.

How to Pick the Right DUI Defense Lawyer

Defending yourself against a DUI in Yucaipa? It's critical to pick the right lawyer to fight for you. Your team needs the abilities, history, and relationships to find the best outcome for your case. When you speak with Yucaipa, CA, DUI attorneys about your case, ask them about the following:

1. Availability: You should be able to get help fast, whenever you need it. Our offices are always available if you need to talk 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: 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 Take On in Yucaipa

Whatever DUI charge you're up against in Yucaipa, CA – our DUI defense lawyers are prepared for the charges.

Below are some of the DUI cases we typically defend:

DUI Defense Strategies in Yucaipa, CA

Every DUI case needs a defensive strategy, and our Yucaipa, CA DUI defense lawyers are here to help you find the right one. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.

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 officer did not observe you for the full 15-minute period required before asking you to take a breath test.

Flaws in Chemical 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 highlight the ways that these tests can give false readings, retest in some cases, using a "blood-split" motion, and find any other mistakes law enforcement made that could exonerate you.

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 field sobriety tests are not objective measures of whether you're safe to drive or not. An experienced Yucaipa, CA, DUI attorney will know how to dissect any records and look for expert analysis that will show your performance in a more favorable light.

Explain BAC With Medical Conditions
Maybe there were no mistakes with your blood, breath, or urine test, and your BAC was over the legal limit. While properly conducted BAC tests are hard to disprove, there are still ways to fight it. 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 – Call Our Yucaipa DUI Defense Lawyers NOW

DUI allegations are no joke. After you've been charged, things move pretty fast. You lose your right to drive, there could be interrogations, you're given a court date…it's easy to be lost. In order to find a way out of all that, you need to hire a lawyer now.

Don't wait for the prosecution to build a case against you. Don't lose your license because you missed the DMV hearing window. 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 Yucaipa, CA DUI charges. We're equipped with the tools to build your case right now and will start safeguarding your license and keep you out of jail as soon as you call. Speak with a lawyer now at (800) 755-5174 or fill out our contact form online for a no strings attached consultation.

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

• Criminal Defense Lawyer