Best Drunk Driving Lawyers in Fresno

About Drunk Driving Law in Fresno, United States

Drunk driving, also known as driving under the influence (DUI), is a serious offense in Fresno, United States. This occurs when an individual operates a motor vehicle while impaired due to alcohol or drugs, including prescription medications, marijuana, or illicit substances. Law enforcement in Fresno actively enforces DUI laws to protect public safety and reduce accidents caused by impaired driving. Drunk driving charges can have severe legal and personal consequences, making it crucial to understand your rights and responsibilities if you are facing such a charge.

Why You May Need a Lawyer

There are several situations where people may require legal assistance when dealing with drunk driving charges in Fresno. Some of the most common scenarios include:

• First-time DUI offenders seeking to understand the legal process and potential consequences
• Repeat offenders facing enhanced penalties or felony charges
• Individuals whose DUI involved injuries, fatalities, or property damage
• Those facing license suspension or revocation
• People wanting to challenge the legality of a traffic stop, field sobriety test, or chemical test
• Immigrants concerned about the impact on their immigration status
• Drivers under the legal drinking age charged with DUI
• Commercial drivers facing career-ending sanctions

An experienced DUI lawyer can help you understand your options, advocate on your behalf in court, negotiate plea deals, and potentially minimize the long-term impact of a DUI charge.

Local Laws Overview

Drunk driving laws in Fresno are governed primarily by California state law, but their enforcement and prosecution may vary locally. Some essential aspects include:

• Legal Blood Alcohol Concentration (BAC) Limit: For drivers age 21 and older, the legal BAC limit is 0.08 percent. Commercial drivers have a lower limit of 0.04 percent, and for drivers under 21, any detectable BAC (0.01 percent or higher) can lead to charges.
• Zero Tolerance: California has a strict zero tolerance law for drivers under 21, meaning any measurable alcohol in their system is prohibited.
• Implied Consent: By driving in California, you have already consented to take a chemical test (breath, blood, or urine) if lawfully arrested for DUI. Refusal can result in automatic license suspension and increased penalties.
• Penalties: Penalties for DUI may include fines, jail time, probation, DUI education programs, installation of ignition interlock devices, and license suspension. Penalties increase with each subsequent offense or if aggravating factors are present.
• Aggravating Circumstances: DUI charges become more severe if an accident, injury, death, or minor passenger is involved.
• Local Courts: DUI cases in Fresno are heard in the Fresno County Superior Court system, and prosecutors aggressively pursue convictions.

If you are arrested for drunk driving in Fresno, act quickly to protect your legal rights and driving privileges.

Frequently Asked Questions

What happens after a DUI arrest in Fresno?

After a DUI arrest, you may be booked into jail, your vehicle may be impounded, and you will likely receive a Notice of Suspension from the DMV. You are required to appear in court, and your case may also trigger administrative license suspension proceedings through the California DMV.

Can I refuse a breath or blood test?

California's implied consent law means that refusing a chemical test can lead to an automatic license suspension, even if you are not ultimately convicted of DUI. Refusal can also result in enhanced criminal penalties.

What are the penalties for a first-time DUI?

For a first-time DUI in Fresno, penalties typically include probation, possible jail time, fines, mandatory DUI education, license suspension, and installation of an ignition interlock device in some cases.

Will I lose my driver's license?

A DUI arrest triggers two separate license suspension processes: one by the DMV and one through the court. You have only 10 days from your arrest to request a DMV hearing to contest the administrative suspension.

Can a DUI be reduced or dismissed?

It is possible for a DUI charge to be reduced or dismissed in some circumstances, especially if there is insufficient evidence, improper police procedure, or a valid legal defense. Hiring an attorney improves your chances of a favorable outcome.

What if I am under 21 and accused of DUI?

Drivers under 21 face strict zero tolerance laws. Any measurable BAC can result in license suspension, fines, and mandatory alcohol education. Penalties are stricter for minors than for adults in most cases.

Do prior out-of-state DUIs count in Fresno?

Yes, prior out-of-state DUI convictions may count as prior offenses for sentencing purposes if the offense is equivalent to California law.

How long does a DUI stay on my record?

A DUI conviction stays on your California driving record for 10 years. It may have long-term impacts on your insurance rates and ability to obtain certain licenses or employment.

Can I get a DUI for driving under the influence of drugs?

Yes, driving under the influence of drugs, whether prescription, over-the-counter, or illegal substances, is treated the same as alcohol-related DUIs.

Should I hire a lawyer if charged with DUI?

An attorney can help you understand the charges, navigate the court process, protect your rights, challenge evidence, and seek the best possible resolution. Legal representation is strongly recommended for anyone facing DUI charges in Fresno.

Additional Resources

If you need more information or further assistance regarding drunk driving, consider reaching out to the following organizations:

• California Department of Motor Vehicles (DMV)
• Fresno County Superior Court
• California Office of Traffic Safety
• California State Bar for lawyer referrals
• Mothers Against Drunk Driving (MADD)
• Local DUI education and rehabilitation programs
• Fresno County Public Defender's Office

Next Steps

If you are facing a drunk driving charge in Fresno, it is important to act quickly. Consider the following steps:

• Document all facts related to your arrest while they are fresh in your mind
• Request a DMV hearing within 10 days to challenge your license suspension
• Contact an experienced Fresno DUI lawyer for a case evaluation
• Gather all relevant paperwork, including your Notice of Suspension, police reports, and court documents
• Follow all court and DMV deadlines to protect your rights and privileges

The consequences of a DUI conviction can be lasting and severe. Professional legal advice can make a significant difference in the outcome of your case.