DUI Lawyer Explains Important Points of California DUI Laws

If you're stopped for suspected drunk driving, or stopped for another reason and suspected of having been drinking, you will generally take a blood, breath, or urine test to determine blood alcohol content. At the Law Office of Gerald Schwab, Jr., we are committed to protecting your rights, and the sooner you contact us after a DUI arrest, the better.

If You're Under 21 and Charged with DUI

If you are under age 21 you can be arrested for DUI even if your blood alcohol content is below 0.08. If it is above that number, you face even harsher penalties. You may be scared or embarrassed, but you should contact a drunk driving lawyer as soon as you can. Sometimes law enforcement doesn't follow proper procedures in these arrests, and your charges could be dismissed.

If You Are Charged at a DUI Checkpoint

Often, people who are charged with DUI at a DUI checkpoint don't realize that there are specific rules on how these checkpoints must be conducted. Law enforcement officers don't always follow the regulations for DUI checkpoints, and if that's the case the traffic stop may be found to be illegal. Charges can be dismissed if a DUI checkpoint was not operated by the book.

DUI Charges and the DMV

Suspension of your license by the DMV after a DUI arrest is handled separately from your court charges. You have the right to request a DMV hearing within 10 days from your arrest. When you work with a drunk driving lawyer from the start, he or she can help you prepare for your DMV hearing and can help you with obtaining a hardship license that allows you to continue to drive to and from work.

Don't Wait to Call a DUI Lawyer

The sooner you call a DUI lawyer the better your chances of protecting your rights at every step. At the Law Office of Gerald Schwab, Jr., we're committed to making sure that you have the fairest possible proceedings. Dealing with a DUI is tremendously stressful, and much is at stake, so don't delay in obtaining experienced legal counsel.

Don't Hesitate to Contact a Fresno Criminal Attorney

Don't wait to call a criminal defense practice experts at the law offices of Gerald Schwab, Jr. if you have been arrested or charged with a crime. You may be experiencing a storm of emotions, but you can rest assured that an experienced Fresno criminal attorney has seen it all and will treat you with dignity, helping you understand your situation and all your options.

Many Factors Affect Criminal Cases

If you have been arrested, you may be convinced you're facing fines or jail time, but that is not always the case. Numerous factors figure into the disposition of your case, and a Fresno defense attorney knows what these factors are and how to use them to your advantage. For example, your charges could be dismissed, or you could be channeled to a pre-trial diversion program.

New California DUI Laws

Starting in January 2013, DUI suspects cannot choose a chemical urine test for blood alcohol level. Now they must submit to a blood test instead. A skilled Fresno DUI attorney like Gerald Schwab, Jr. can help you navigate the California DUI legal process. Dealing with DUI charges can be confusing, and you need legal counsel that will help you protect your rights as you go through the legal and administrative procedures involved.

Help With DMV Hearings

The DMV suspension that is concurrent with DUI charges is an administrative action. While your Fresno DUI attorney can help you challenge your DMV suspension within 10 days of your DUI charge, you do not need a DMV hearing to get a restricted license that allows you to drive to and from work. This can be cone at any DMV field office.

Criminal Defense Attorneys Help Protect Your Rights

If you have been charged with DUI or some other felony or misdemeanor, you still have rights, and your criminal defense lawyer knows how to protect those rights. It is best to contact an experienced defense attorney as soon as possible for the best possible outcome of your case. This is without a doubt the best first step you can take when you face criminal charges.

Fresno Criminal Defense Attorney: 5 Important Facts You May Not Know

Starting January 1, 2013, red light camera information will be admissible as evidence in court. The constitutionality of this law may be challenged because of the right to confront an accuser under the Sixth Amendment. Meanwhile, successful defenses in red light camera cases are still possible. A Fresno criminal defense law firm can apprise you of your rights and help you defend yourself effectively.

Cop Dashboard Cam Can Exonerate Defendants

Police cars in the state of California have dashboard cameras to record arrests and traffic stops. Many police departments won't give copies of footage to defendants directly, but a Fresno criminal defense attorney can obtain footage and possibly use it to defend a client. Sometimes dash cam footage can exonerate defendants. It is important that you call a defense lawyer promptly so he or she can obtain this potentially valuable evidence.

You Can Request a DMV Hearing after a DUI Charge

The most common reason for driver's license suspension is arrest for DUI. If you're arrested and charged with DUI, your license is automatically suspended. However, you have the right to set a DMV hearing within 10 days of arrest to fight your license suspension. The services of a Fresno criminal defense law firm can be essential to a successful DMV hearing.

Drug Possession May Be Charged as Misdemeanor or Felony

Knowingly possessing a usable quantity of an illicit substance or a device used for ingesting it can get you charged with a controlled substance offense. Paraphernalia offenses are charged as misdemeanors, but possession of a controlled substance may be charged as a felony or misdemeanor. Your Fresno criminal defense attorney can help you obtain the most favorable outcome and sentence if you are charged with possession.

Proposition 36 Changes California's Three Strikes Law

With the passage of Proposition 36 in November 2012, nearly 4,000 three-strikes inmates in California my be eligible for resentencing hearings. Offenders whose "third strike" felony was relatively minor will have their best shot at resentencing since 1994, when the three strikes law went into effect. A skilled defense attorney will be the key to success under Proposition 36.

Fresno Criminal Attorney Urges You to Know Your Rights

If you plead guilty to a crime, there is basically no going back. You should never plead guilty unless you know every detail of the consequences you face. When you plead not guilty, you maximize your options. You can change your mind later and plead guilty if your Fresno criminal attorney advises you that taking a plea deal is in your best interests.

What the Fifth Amendment Means

The Fifth Amendment to the United States Constitution states that if you are accused of a crime, you are never required to furnish evidence against yourself. This is the basis of the "right to remain silent" that is read to those taken into police custody before interrogation. This is known as the Miranda warning and is absolutely critical to your getting the fairest possible trial, should one be necessary.

The Risk of Telling Your Side of Things

Most people are honest and law abiding, and they believe if they are arrested, they can clear things up by telling their side of things. This is an extremely dangerous action. There are countless opportunities for people who are perfectly innocent to be misunderstood and have their own words used against them. If you're arrested, never answer questions until your Fresno criminal defense lawyer arrives.

Those Accused Have Rights

Those accused of crimes or misdemeanors have rights, and part of your Fresno criminal defense lawyer's job is to help you preserve your rights. A successful defense requires that you not answer police questions without your lawyer present, and that you be absolutely honest with your lawyer. Don't be afraid to tell your lawyer anything. Any experienced defense lawyer has seen it all.

The Prosecution Has the Burden of Proof

When you're charged, it is the prosecution's burden to prove that you are guilty of what you're charged with. It is on them to prove guilt, and there are many places between arrest and trial deliberation where the charges may be dismissed. Be prepared to go to trial, but hire an experienced defense attorney who can determine what's in your best interests at every stage of the justice process.

Your Rights and Your Fresno Crime Lawyer

Drug charges can range from misdemeanor possession charges to drug manufacturing and vary in severity from misdemeanors all the way up to federal offenses. Contacting a Fresno crime attorney as soon as possible after an arrest is critical. Do not talk to arresting officers until your attorney is there with you. If evidence was seized unlawfully, it isn't admissible and the charges could be dismissed.

Proposition 36 and You

In November 2012, voters approved Proposition 36, which modifies California's "Three Strikes" law. The original law mandates sentences of 25 years to life for those convicted of three crimes. Before Prop 36, that third conviction could be on something as minor as shoplifting. With the passing of Proposition 36, the law was amended so that only a serious or violent third felony conviction would trigger the Three Strikes law.

Misdemeanor or Felony DUI

DUI may be charged as a misdemeanor or felony, depending on whether there was an accident with injuries or how many previous DUIs the arrestee has. Any decent Fresno crime lawyer will look at every aspect of the case, including whether the arresting officer had probable cause to pull you over and whether the breathalyzer was calibrated and used correctly. In some cases, DUI charges can be dismissed.

Computer Crimes

Computer crimes are a growing area of expertise for criminal lawyers. The penalties for computer related crimes like piracy can be severe, so it is critical that you contact a Fresno crime attorney as soon as possible after you've been charged with a cyber crime. Your attorney should have experience with cases involving spamming, identity theft, "phishing," and other types of computer crimes.

White Collar Crimes

Being accused of a white collar crime - even if there is no conviction - can ruin your reputation and career. White collar crimes may be charged as misdemeanors, felonies, and may even bring federal charges. Having an experienced Fresno defense lawyer on your side can make the difference between getting on with your life and having your career ruined. A good attorney can sometimes have evidence thrown out, get charges dismissed outright, or negotiate sentencing on your behalf if you're convicted.

DUI Attorney in Fresno Outlines the Legal Process for DUI

Unless you are stopped at a DUI checkpoint, the arresting law enforcement officer must have probable cause to pull you over. You may be subject to field sobriety tests and a breath test. If you are charged, you'll be taken to a police station. There you'll be formally charged and released or held until you can post bond. If you're kept in custody, your arraignment will take place within 72 hours. If you're not held in custody, you'll be told the date of your arraignment.

Your Arraignment

At the arraignment you are presented with the charges against you and will submit a plea. It is highly advisable that you contact a drunk drivinglawyer in Fresno prior to your arraignment. He or she may be able to appear on your behalf at your arraignment so that you don't have to miss work. If you don't show up for your arraignment, a bench warrant will be issued, and you will face more serious charges.

Pretrial Motions and Trial

If you hire a drunk driving lawyer in Fresno, he or she may submit motions for dismissal or other motions, and the prosecutor may offer a plea agreement. You need a lawyer to advise you about whether to take a plea agreement. If the case makes it to trial, your DUI attorney in Fresno will prepare a defense, and the judge will instruct the jury as to how to compare the evidence against the violations you're charged with.

Sentencing

If you are convicted on a misdemeanor DUI charge, you may not have to serve jail time. Your attorney can ask for alternative sentencing such as community service or probation. The top Fresno DUI lawyers make it their job to understand all the sentencing options available to you.

Hazards of Going through the Legal Process Alone

Without an experienced DUI lawyer, you could face penalties you could have avoided with solid legal counsel. Hiring a defense lawyer is the smartest choice for obtaining the best legal outcome and minimizing the disruption to your life that a DUI charge causes. Trying to do it alone almost always results in a less favorable outcome.

 

Facing a DUI without a DUI Attorney: Don't Risk It

A DUI charge in California has a criminal and a civil component. The criminal charges are dealt with in court, while the civil penalties are dealt with at the Department of Motor Vehicles. Your DMV case focuses on your driving privileges and penalties. Trying to successfully deal with the criminal and civil consequences of a DUI without a Fresno, CA DUI attorney is extremely risky.

Arrest Does Not Equal Conviction

Just because you have been arrested and charged with DUI does not mean you'll be convicted. With counsel from an experienced DUI attorney you may well be able to have criminal charges and civil penalties reduced or dismissed. While the court may appoint you a public defender for the criminal part of your case, you're much better off hiring a Fresno DUI lawyer who can assist you with both the court process and the DMV hearing.

DUI Defenses

DUI charges may be reduced or dismissed based on numerous defenses. For example:

• If the officer did not follow mandatory procedure, you may have been unlawfully arrested.
• The officer may not have had probable cause to pull you over.
• The breathalyzer test may have been administered improperly.
• The breathalyzer itself may have been improperly calibrated or not calibrated recently enough.

The DMV Hearing

You may request a DMV hearing within 10 days of your arrest. Without such a hearing, decisions about your driving privileges will be decided in your absence and usually involve suspension of your driver's license. If you request a hearing and work with an experienced Fresno, CA DUI attorney, you can usually maintain your license until the criminal part of your case is concluded.

Felony DUI charges result from accidents with bodily injury, having a previous felony DUI charge, or having three or more DUIs within 10 years. The term "bodily injury" is subject to wide discretion in California, so if you face a felony DUI, the importance of hiring competent legal counsel cannot be emphasized enough. A skilled attorney may be able to negotiate a plea bargain, have charges dismissed, or have charges reduced to a misdemeanor.