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Fresno DUI Lawyers

  1. King, Mark: In the wide open spaces around Fresno, you may have gone out with friends, had a few drinks, and drove yourself home on Interstate 5, Highway 41, or Highway 99, all areas where the police often establish speed traps. At one of those locations, the police may have stopped you, tested your blood alcohol level, and arrested you for drunk driving. When facing DUI charges, you should contact an attorney immediately. Apart from the criminal penalties that may be imposed by the State of California following a DUI arrest, you will also face potential civil penalties, such as the suspension/revocation of your driver's license by the Department of Motor Vehicles (DMV). You have only 10 days to request a DMV administrative hearing where you will be able to contest the loss of your license. Please be aware that the clock started ticking when the police charged you. Contact a Lawyer Fast DUI Penalties For your first DWI/DUI conviction in California, you are facing: * A Criminal record - a non-injury DUI is usually a misdemeanor, while a DUI that results in bodily injury may be elevated to felony status, depending upon the circumstances * Two days to six months in jail * $390 to $1,000 in fines and fees, plus penalty assessments * Suspension of your driver's license for four months; if you are under 21, your license will be suspended for one year * Installation of an interlock device on your car * Impoundment of your car * Mandatory alcohol education classes if you are under 21 * Depending on your blood alcohol level, three to six months of "first offender" school * Three years of informal probation * The possibility of community service * Completion of a "Substance Abuse Traffic Offender Program" before having your license reinstated * A mandatory alcohol assessment or treatment evaluation, at your cost * An intensive weekend intervention program, depending upon your blood alcohol content at the time of your arrest. It is important to know that more severe penalties are imposed following subsequent DUI convictions.
  2. Barberi, Tina: Just because you have been charged with a crime does not mean you are guilty. Being arrested is a frightening experience. If you are arrested or being investigated on criminal charges, you need an experienced attorney that cares about you. Choosing the right criminal defense attorney could mean the difference between going to jail and going home.
  3. O'Neill, Barbara: * Drug crimes Ñ possession, possession with intent, sales and manufacturing * Assault, Battery, Homicide and Sexual Crimes Ñ including abuse, rape, vehicular manslaughter, and domestic violence * Theft-related crimes Ñ identity theft, robbery, burglary, extortion * DUI/Traffic crimes Ñ alcohol-related driving charges, speeding tickets and other traffic violations
  4. Real Lawyers: To promote public safety, California has strict driving under the influence (DUI) or driving while intoxicated (DWI) laws. A person who is arrested for DUI potentially faces severe consequences, such as jail time, probation, fines, and loss of driving privileges. An experienced DUI lawyer can assist you in minimizing or avoiding these devastating consequences. DUI Statutes and DUI Stop There are two primary DUI statutes in California--Vehicle Code Sections 23152 and 23153. Vehicle Code Section 23152 makes it unlawful for anyone who is under the influence of alcohol and/or drugs to drive a vehicle with a blood alcohol level of .08 or above. Vehicle Code Section 23153 makes it unlawful for anyone who is under the influence of alcohol and/or drugs to drive a vehicle and commit an act forbidden by law that causes bodily injury to another person. If an officer stops you, there are several important things you should keep in mind. First, if the officer asks you to breathe into a Preliminary Alcohol Screening (PAS) device, which is used to detect your breath alcohol content, the California Department of Motor Vehicles (DMV) may suspend your driving privileges for 12 months if you refuse the PAS test. If, however, you refuse the PAS test and you had a DUI conviction with ten years of the refusal, the DMV can revoke your driving privileges for two years. On the other hand, if you are under 21 years of age or on probation for a past DUI conviction and refuse to take the PAS test, the DMV will suspend your driving privileges for up to one year or revoke your driving privileges for up to three years. Breath, Urine, or Blood Test Under California law, a person gives his or her implied consent to provide a breath, urine, or blood test for alcohol content if arrested lawfully for a DUI. If a person refuses to provide a breath, urine, or blood sample then the individual will be placed in jail for a certain period of time, depending on whether there was a prior DUI conviction. Other consequences of refusal include having driving privileges suspended or revoked, and the prosecution can use your refusal of a chemical test against you in court. DMV Administrative Hearing Besides dealing with the criminal procedural aspects of a DUI arrest, individuals arrested for DUI must also contact the DMV right away. A person who is arrested for a first-time DUI offense will have his or her driving privileges suspended for four months, unless he or she requests a hearing with the DMV. To request a hearing, you must contact the DMV within 10 calendar days from the date of your arrest. An experienced DUI lawyer can assist you with arranging a hearing with the DMV, collecting important documents, explain the hearing process, and represent you at the hearing. Collateral Effects of DUI Conviction There are several damaging consequences if one is convicted of a DUI, such as jail time, probation, fines, restitution, community service, alcohol education courses, and increased criminal penalties for a subsequent DUI arrest and conviction if the conviction occurs within ten years of the first DUI conviction. Additionally, your insurance rates might increase, the conviction goes on your criminal record, it might be difficult to find another job, and you can be deported if you are not a U.S. citizen. If you are arrested for a DUI, you should contact a DUI attorney who understands the constitutional, evidentiary, and procedural issues concerning DUI offenses. An attorney can also negotiate an appropriate plea agreement with the prosecution concerning the charges against you.
  5. Quinlan, Scott: In the State of California, the penalties are severe for those convicted of driving under the influence (DUI) on our thousands of miles of roadways. Even if it is your first offense, you are facing the loss of your driver's license, large fines, jail time and probation. If you've been arrested for drunk driving, you need the help of an experienced DUI defense lawyer. Penalties escalate with each DUI conviction. If convicted of DUI in California you could be subject to a number of penalties that grow increasingly severe with each conviction. Penalties include: * Driver's license suspension * Revocation of driver's license * Increased insurance premiums * Loss of your vehicle * Mandatory alcohol treatment * Jail time * Probation * Installation of ignition interlock device Terrible Consequences for Commercial Drivers If you are a commercial truck driver or a pilot, the consequences for a DUI conviction go far beyond the criminal aspects. You could be suspended or fired from your job, losing your ability to make a living for your family.
  6. Sok, Curtis: Driving under the influence People from all walks of life face DUI charges every day. Police arrest 1.3 million drivers for DUI charges every year in the state of California. Conviction on DUI charges can have serious consequences including hefty fines, jail time, suspension of license, and steering wheel lock devices. With so much at stake in a DUI case, it is critical that you have a knowledgeable, experienced DUI attorney, who can challenge the procedures of an arresting officer and evidence such as breathalyzer or blood tests. Challenge violation of your fourth amendment right The Fourth Amendment of the U.S. Constitution prohibits any unreasonable stop or illegal arrest. A skillful attorney will challenge these issues whether or not the officers legally detained you or stopped your vehicle. Challenge suspension of your driver license You can request a DMV hearing within ten days to challenge the suspension of the license. Challenge probable cause to arrest You can challenge the validity of an officer's observations - breath of alcohol, posture, speech pattern, Field Sobriety Test (FST), and Alcohol Screening Device and the accuracy of the officersÕ evaluation. For instance, officers do not always give complete or accurate instructions on each test and their observations can be skewed with focus on faults only. Challenge blood-alcohol concentration (BAC) results Chemical tests to determine alcohol content present a variety of defenses. Remember the BAC rises as the time passes. Therefore, it is imperative to analyze the BAC at the time of the driving, not the time of testing. In addition, one must challenge the procedures by which the test was conducted. Challenge violation of your Miranda rights Say, ÒI want a lawyer.Ó
  7. Fearnside, William: Being charged with drunk driving can be frightening, especially if you are an alleged first-time offender. You may be overcome with worries. What are the potential consequences? Will I have to go to jail? Will I lose my driver's license? How will I get to and from work?
  8. Garland, John: White Collar Crimes Financial Crimes Wire Fraud Mail Fraud Insurance Fraud Embezzlement Crimes Involving Banks Drug Offenses Trafficking Manufacture Possession Sale Marijuana Methamphetamine (Meth) Cocaine Crack Ecstasy/MDMA Heroin And Others Sex Offenses Child Pornography Sexual Exploitation of Children Internet Child Pornography Violent Crimes Bank Robbery Assault Battery Homicide Murder Manslaughter
  9. McGinnis, Michael: California courts treat drunk driving seriously. When you have been charged with drunk driving, the best course of action is to hire a DUI attorney who knows California DUI law. A DUI conviction can lead to serious consequences including jail time. If you drive for a living, getting a DUI can also affect your professional licensure, your job, and your income.
  10. Edginton, Ruthanne: Once arrested for driving under the influence, you only have 10 days to contact the Department of Motor Vehicles to request an administrative per se hearing. If you fail to request an administrative hearing within 10 days from the date of your arrest, the Department of Motor Vehicles will likely suspend or revoke your driving privileges without you even having a say in the matter.
  11. Horowitz, Rick: Charged with a crime? "You Have the Right to Remain Silent" Listen to what a police officer has to say about why talking is bad for you. Whether you are facing charges for DUI (drunk driving), assault, murder, or other violent crimes, drug charges, sex crimes, or domestic violence, the rules are the same. Don't talk to the police. Don't talk to friends. Don't talk to neighbors. Don't talk to anyone except the attorney you hope to hire. Remember the t.v. shows that say, "Anything you say can and will be used against you in a court of law"? Well, when they say "anything," they mean ANYTHING! You might think that you're just helping yourself by "cooperating with the police." You might think, "I'm innocent. I did not do anything wrong. We can clear all this up." If the police are talking to you, they think "clearing this all up" means "collecting evidence for trial." This is not to say that the police are always "bad guys." What it means is that their job is to capture criminals. And most of them seem to forget that not everyone they talk to will be a criminal Ñ particularly if they already suspect you of involvement in the crime. Call RHDefense: The Law Office of Rick Horowitz Ñ NOW! If the police are talking to you, or you are involved in a crime Ñ even if you think you're "just a witness" Ñ talk to an attorney as soon as possible before giving any statements to the police. The police are allowed by law to lie to you if they think it is necessary in order to get what they need. (And, remember, what they need is evidence to use against you in court.)
  12. Richardson & Associates: Anyone arrested for a crime, misdemeanor or felony should immediately seek expert legal representation.
  13. Lowe, Jerry: Conviction for DUI can have an impact beyond driver's license suspension, fines, jail time and skyrocketing insurance rates. For licensed professionals such as doctors, nurses, attorneys, CDL drivers and even liquor store owners, your job and licensure could be at stake. If you have been arrested for or charged with DUI, do not give up. Don't just plead guilty. Choose an attorney who can protect your rights and fight the charges that threaten your professional or occupational license.
  14. Nunes, Frank: Have you been charged with a DUI and not sure about your legal rights? DUI charges can carry severe consequences including losing your license and even jail time. We will work with you to explain your case to you and discuss any options that may be available. Some of these possible options may include sentencing alternatives such as treatment or diversion programs that will keep you out of jail. If you are charged with a DUI or other criminal offense it is important that you contact an experienced DUI attorney as soon as possible. If you are charged with a DUI in California, you have to request a DMV hearing within 10 days or you face losing your driving license.
  15. Fresno DUI Law Firm: What is DUI? DUI stands for Driving Under the Influence Ð it is a crime to drive while under the influence of alcohol or drugs in the state of California. DUI can be a misdemeanor or felony offense, depending upon the circumstances surrounding the arrest. What is the legal limit of intoxication for DUI in Fresno? The legal limit of intoxication is a blood alcohol concentration (BAC) of .08% or less. If your BAC is over this limit, you are considered to be intoxicated for the purposes of a DUI arrest. However, if you are under the age of 21, CaliforniaÕs zero tolerance policy makes it illegal for you to drive with a BAC of .01%. If I am pulled over for suspected DUI, do I have to submit to a breath or blood test? Many people mistakenly assume that the refusal to take a breath or blood test carries no penalties. While you do have the right to refuse, if you choose not to take either test, you will automatically lose your license for one year. This loss of license cannot be appealed or waived and you will not be able to drive for any reason, not even to and from work. Free Consultation Will a judge decide if I lose my license due to a DUI charge? No. Your license revocation is actually decided by an official of the DMV. If you are arrested for DUI in Fresno, you have only 10 days to contact the DMV and request a hearing. If you or your legal counsel fails to apply for a Stay of Suspension in that timeframe, you will lose any ability to appeal the loss of your license. Therefore, it is extremely important for you to seek out a qualified Fresno DUI attorney as soon as possible. A skilled Fresno DUI attorney will contact the DMV for you, and fight for you to retain your license. In many cases, your Fresno DUI attorney can appear at the DMV for you, allowing you to take care of family and work obligations. Do I have to appear in court for my Fresno DUI charge? Not necessarily. In many cases, your Fresno DUI lawyer can appear in court on your behalf. This allows you to save valuable time and embarrassment, while ensuring you receive the best defense for your Fresno DUI case possible. You should contact a skilled Fresno DUI attorney as soon as possible in order to begin working on your case Ð the longer you wait, the harder your case may be to win. Can I lose my license if this is my first Fresno DUI charge? Yes, it is possible to lose your license on a first time DUI charge in Fresno. Without an experienced Fresno DUI attorney to represent you, the chances of losing your license increases. There are several factors that an attorney will be able to consider in order to preserve your driving privileges. Having skill and experience on your side will help your chances of being able to continue driving Ð either with a normal license, or a provisional license that will allow you to travel to and from work. Should I hire a Fresno DUI attorney for my DUI charge? It is always important to hire a trained Fresno DUI lawyer for dealing with the unique laws and regulations in Fresno. A qualified Fresno DUI attorney will be familiar with the laws in his or her area, and will keep abreast of the latest information in the field of DUI. One of the biggest mistakes people make when facing a DUI charge is to think their case is un-winnable. Going it alone almost always ensures that you will have more severe penalties than you would face if represented by a skilled Fresno DUI attorney. DonÕt waste the opportunity to minimize the embarrassment, stress, and disruption a DUI charge causes in your life and the life of your loved ones. Seek out a qualified Fresno DUI lawyer as soon as possible if you have been charged with DUI.
  16. Escamila, Eric: DonÕt walk into court alone...
  17. Drandell, Harry: When a grand jury is impaneled to investigate criminal activity, one member of the grand jury is selected as a foreman. The foreman is responsible for presiding over the grand jury. A quorum is necessary for the grand jury to proceed. Nine grand jurors is the minimum for a quorum when there are 12 grand jurors. If the grand jury acts without a quorum, the proceedings are void. Any indictment that is issued by the grand jury without a quorum is subject to being dismissed or quashed.
  18. Martin, Daniel: If you have been arrested and charged with drunk driving in the Central Valley in California, you are probably scared and embarrassed and wondering how the charge will affect your ability to drive or to work. You may feel like you have no choice but to plead guilty. At a time like this, you need an attorney who understands your situation, who cares about you and who won't treat you like just another DUI case. Under California law, when you have been charged with a DWI or DUI, you have 10 days to ask for an administrative hearing with the Department of Motor Vehicles (DMV). If you fail to request this hearing, you will waive your right to a hearing and your drivers' license will be automatically suspended. Let us work with you to make sure that all your rights are protected and help avoid license forfeiture. If you have been charged with a DUI, we will look closely at whether the police officer followed procedure during the arrest. Was there probable cause to stop you? Was the breathalyzer or blood alcohol test properly administered? Did the officer conduct any field sobriety tests and, if so, were they done properly? Were you advised of your rights?
  19. Cindy Hopper: If you have been charged with a DUI or traffic violation, you are facing possible jail time, fines, and a loss of your license.
  20. Page & Page: Serious legal problems require immediate intervention from an attorney who knows how to protect your rights in California criminal defense and criminal appeals.
  21. Michael McGinnis: California courts treat drunk driving seriously. When you have been charged with drunk driving, the best course of action is to hire a DUI attorney who knows California DUI law. A DUI conviction can lead to serious consequences including jail time. If you drive for a living, getting a DUI can also affect your professional licensure, your job, and your income.
  22. Jeffrey Hammerscmidt: When you have been arrested for DUI/DWI, you are facing serious criminal charges. A conviction for DUI/DWI can result in a loss of driving privileges, social embarrassment, loss of employment opportunities, and even jail or prison. Serious criminal matters require the attention of an experienced criminal defense attorney who is dedicated to protecting your future. You should take these charges seriously, but do not panic.
  23. Hristo Bijev Most California criminal defense lawyers donÕt understand how a criminal conviction can affect immigration status. Even if it is only a misdemeanor conviction and you do no jail time, a criminalÊconviction of any kind on your record could lead to problems with immigration when you apply for permanent U.S. residency or citizenship.Ê
  24. Michael Mitchell: You were arrested and charged with DUI or felony drunk driving. It seems as if all the evidence is against you, so the question you’re asking now is… why should I call a Fresno DUI lawyer?

    You should contact a DUI attorney immediately for two reasons:

    1. The evidence may not be as clear as you think it is. A thorough review of the facts by an experienced attorney could turn your case around.
    2. A knowledgeable Fresno DUI lawyer may be able to help you get a better outcome than you would have without legal help.
  25. Terry Wapner: Often, it begins when the DUI officer pulls the suspect over for an alleged traffic violation such as speeding, weaving, running a stop sign, or some sort of vehicle defect. The DUI officer claims that when he gets face to face with the suspect, he immediately notices ãobjective symptoms of intoxication." These include an odor of alcoholic beverage on the suspect's breath, watery and bloodshot eyes, and thick and slurred speech. The suspect often admits to having consumed some alcohol that day or evening. The officer therefore begins a "DUI investigation." He tells the suspect to step out of the vehicle and perform a series of field sobriety tests (FSTâs). He may have the DUI suspect blow into a handheld machine (called a PAS device), which gives a preliminary estimate of the suspect's blood alcohol level. The DUI officer is supposed to inform the suspect that taking the "PAS test" is voluntary, and not mandatory. But in reality, few officers really inform their suspects of this. Moreover, unbeknownst to most citizens pulled over for DUI, the FSTâs are voluntary, and not mandatory, as well. The DUI officer claims the suspect "performed poorly" on the FSTâs. Furthermore, the PAS reading indicates the suspect may be above the legal limit. Based on this, the DUI officer "forms the opinion" that (1) the suspect is under the influence and (2) the suspect's ability to drive a motor vehicle safely is impaired. So the officer arrests the suspect for DUI, and takes him/her to the police station (or hospital) for a chemical test. Some counties are using the newer machines and are able to perform the breath test at the scene. The DUI suspect chooses between a breath test, blood test, or urine test (if the officer suspects drugs). Under California's "Implied Consent Law," someone lawfully arrested for DUI must submit to one of these tests. Refusal to do so can subject the arrestee to stiffer court penalties and possibly a one-year (or longer) drivers license suspension. If the DUI suspect selects a blood test, the blood sample is forwarded to a crime lab for analysis. The result won't be known for several days. If a breath test is chosen, the officer sees the BAC reading immediately after the suspect blows twice into the machine. Sometimes the officer informs the suspect of the result, sometimes not. Following the blood or breath test, the DUI suspect is booked and later released - either on bail or a written promise to appear in court on a future specified date. The arresting officer completes his police report and forwards it to the prosecutor's office for review. The prosecutor will decide what criminal charges, if any, to file.
  26. Robert Angres: When you are arrested for a DUI in California, you should be able to delay the automatic license suspension from occurring 30 days from your arrest. You should call 415-557-1170 (San Francisco Driver Safety Office) within ten days of your arrest and ask for an administrative per se hearing. Also ask for a stay on your license suspension. The DMV will grant you the stay and send you a temporary license. By exercising this statutory right, you should be able to drive legally until the date of your hearing, which is usually several months after your arrest. If you prefer, retain our firm within that ten-day window, and we will make all the necessary arrangements associated with temporarily preserving your driving privilege. We will then appear at your hearing and fight to have the impending suspension lifted.
  27. Christopher Caine: If you have been charged with a crime, the assistance of an experienced and caring attorney is vital, especially during this stressful time.
  28. Armas & Torigian: If you have been accused of a crime, you probably have several questions:
    1. Do I need an lawyer?
    2. What am I charged with?
    3. Am I going to jail?
    4. If so, will I be released from jail?
    5. Will I need cash to post my bail?
    6. When do I go to court?
  29. Steven Cummings: If you have been charged with a crime for the first time, such as DUI or an alcohol-related offense, you may be apprehensive and confused about what your rights are or what you should do next.
  30. James Wasson: DUI. Many experience feelings of guilt and shame. Many feel that their case is hopeless and they just want to plead guilty and "take their medicine."

    Before reaching the decision of whether to plead guilty or defend a case, there are a few things anyone facing this decision should consider.

    A DUI conviction is a criminal conviction that remains on a person's criminal record forever. The "costs" of a conviction include, but are not limited to:

    1. Increased automobile insurance costs, five years in most cases;
    2. Job opportunity implications-many employers are now denying employment to persons with alcohol related driving convictions;
    3. Restricted or no driving privileges;
    4. Facing multiple offense sanctions if convicted again; and
    5. If a licensed professional or a college student, loss of professional license and/or disciplinary action by the school.

    Placing a monetary value on the above factors depends on each person's particular circumstances, but suffice it to say that the decision to defend a case or plead guilty should only be reached after careful evaluation of all the potential consequences of a conviction.

    Boating While Intoxicated: BWI = DWI If you are charged with boating while intoxicated (BWI), you need to understand that these charges are just as serious as drunk-driving charges, with the same fines, license suspensions, increased auto insurance rates, and jail time. You can not afford not to fight these charges. If you were pulled over for a routine harbor and navigation code violation and charged with drunk boating, we will defend you. We also defend clients charged with DWI or DUI while operating recreational vehicles.

  31. Falk & Associates: Many people have entered guilty pleas in DUI cases without realizing that they are giving up valuable legal rights, and that various legal defenses may be available to them. The prosecutor must prove a DUI beyond and to the exclusion of every reasonable doubt. The breath machine might have been in error, and the results could be challenged. The circumstances of the arrest might also be subject to legal attack.
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