Best DUI & DWI Lawyers in Fresno

About DUI & DWI Law in Fresno, United States

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious criminal offenses in Fresno, California. These charges typically arise when an individual operates a motor vehicle while impaired by alcohol, drugs, or a combination of both. Fresno law enforcement takes these offenses seriously due to the high risk they pose to public safety. A DUI or DWI conviction can have long-lasting consequences, including hefty fines, license suspension, required education programs, and even jail time. Knowing your rights and responsibilities if you are arrested or charged is crucial, as the legal system can be complex and unforgiving for such offenses.

Why You May Need a Lawyer

If you are facing DUI or DWI charges in Fresno, seeking legal representation is highly advisable. Lawyers specializing in these cases can help you navigate the legal process, ensure your rights are protected, and may be able to reduce or dismiss charges based on the circumstances of your arrest. Common situations where legal help is critical include:

• Challenging the legality of the traffic stop or arrest procedures
• Questioning the accuracy of breathalyzer or field sobriety tests
• Negotiating plea deals or reduced sentencing
• Representing you at DMV hearings to contest license suspension
• Addressing charges related to repeat offenses or felony DUI
• Assisting non-citizens who may face immigration consequences
• Providing support for individuals under 21 with zero-tolerance violations

Local Laws Overview

In Fresno, DUI and DWI fall under the California Vehicle Code. Key points to know include:

• The legal blood alcohol concentration (BAC) limit is 0.08 percent for drivers aged 21 and over, and 0.01 percent for those under 21 or on DUI probation.
• Penalties can increase for higher BAC levels, refusal to submit to testing, causing injury, or having prior convictions.
• Refusing a chemical test can lead to an automatic license suspension by the Department of Motor Vehicles (DMV).
• Fresno imposes both criminal and administrative penalties, meaning court charges are separate from DMV actions.
• Enhanced charges may apply for having a minor in the car, excessive speed, or committing additional traffic violations at the time of the DUI.
• Even first-time offenders may face mandatory programs, community service, and increased insurance rates.

Frequently Asked Questions

What happens after a DUI arrest in Fresno?

After a DUI arrest, you will typically be booked at the police station and your license may be confiscated. You will receive a temporary license and a notice of suspension. You must also schedule a DMV hearing within 10 days to challenge the suspension.

Can I refuse a breath or blood test in Fresno?

You have the right to refuse a chemical test, but refusal can result in immediate license suspension and can be used against you in court. California has implied consent laws, so refusal often leads to harsher penalties.

What are the penalties for a first-time DUI offense?

Penalties for a first DUI include fines, license suspension, possible jail time, probation, mandatory DUI education programs, and installation of an ignition interlock device in some cases.

What is the difference between DUI and DWI in Fresno?

In California, DUI (Driving Under the Influence) is the primary term used. DWI (Driving While Intoxicated) is sometimes used interchangeably but is not a separate charge under state law.

Will a DUI affect my insurance?

Yes, a DUI conviction will typically result in increased insurance premiums and may impact your ability to obtain or renew auto insurance.

Can I get a DUI for prescription or legal drugs?

Yes, you can be charged with DUI if prescription drugs, over-the-counter medication, or legal recreational drugs impair your ability to drive safely.

How long does a DUI stay on my record?

A DUI conviction in California generally stays on your driving record for 10 years and can affect sentencing for future offenses during that period.

Do I have to go to court for a DUI in Fresno?

Yes, if you are charged with DUI, you must appear in court. An attorney can appear on your behalf in certain circumstances, especially for misdemeanor cases.

Can a DUI charge be reduced or dismissed?

It is possible. A skilled attorney may negotiate a reduced charge or get the case dismissed by challenging the evidence, police procedures, or test results.

What should I do immediately after a DUI arrest?

Contact a qualified DUI attorney as soon as possible. Preserve any documents given to you by law enforcement, do not discuss your case with anyone but your lawyer, and request a DMV hearing within 10 days if your license was confiscated.

Additional Resources

Consider reaching out to the following organizations and agencies for more information or assistance regarding DUI or DWI issues in Fresno:

• Fresno County Superior Court - Handles criminal proceedings, including DUI cases
• California Department of Motor Vehicles (DMV) - Manages license suspensions and hearings
• Fresno County Public Defender’s Office - Provides legal defense for those who cannot afford private counsel
• California Office of Traffic Safety - Offers educational materials and DUI prevention resources
• Alcoholics Anonymous (AA) of Fresno - Support groups for individuals with alcohol issues
• Local DUI attorneys and legal aid clinics specializing in criminal defense

Next Steps

If you or someone you know is facing DUI or DWI charges in Fresno, act promptly to protect your rights. Here is what you can do next:

• Gather all related documents, such as citation forms, test results, and police reports
• Contact a qualified Fresno DUI attorney for a consultation to discuss your case
• Request a DMV hearing within 10 days if your license is at risk of suspension
• Follow your lawyer’s advice and attend all required court dates and DMV proceedings
• Consider accessing support services or education programs if needed

Navigating a DUI or DWI charge can be stressful, but with professional help and informed decisions, you can work toward the best possible outcome for your situation.