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.

Why You Need a Fresno Criminal Defense Lawyer after a DUI Charge

Sometimes after a DUI charge, a person wants to plead guilty to put the whole thing in the past. This is short-sighted. A Fresno criminal defense lawyer can determine things like whether police had a reasonable suspicion for pulling you over and whether the stop was videotaped by the officer. Field sobriety tests may be improperly administered, and breathalyzers have to be calibrated carefully. Pleading guilty is rarely in your best interests.

You Should Know What to Expect at Every Stage

An experienced Fresnodrunk driving lawyer helps you know what to expect at every stage. Your first court date, the arraignment, is where you're presented with a copy of the complaint. After arraignment there may be a pre-trial conference for discussion of possible ways to settle the case. Your lawyer may submit motions challenging probable cause, asking for dismissal, or challenging the lawfulness of a DUI checkpoint. Often the case can be concluded without a trial.

All Alternatives Should Be Exhausted Before Trial

Did you know that in many cases, your Fresno drunk driving lawyer can appear in court on your behalf under a Penal Code Section 977 waiver? If you sign such a waiver in front of the judge, your attorney can appear on your behalf after that so you can avoid missing work to appear in court. An experienced DUI lawyer will exhaust every possibility before going to trial. You do not have to let a DUI ruin your career or your personal life.

If Convicted, You Need Representation for Sentencing

If you are ultimately convicted on a DUI charge, you may be eligible for alternative sentencing, such as an alternative work program, wearing an electronic monitor, performing community service, or attending alcohol treatment programs. Your DUI attorney's first priority is getting your case dismissed or reaching a "not guilty" verdict. But if you are convicted, you may still be able to avoid jail time.

A DUI is a serious charge and not to be taken lightly, but everyone is entitled to equal protection under the law. A Fresno DUI lawyer is committed to pursuing a fair and just outcome of your case.

 

Your Fresno Criminal Attorney: One of the Most Important Decisions You'll Make

When you're arrested you're taken to be processed at the county jail. There you will be asked your name and other personal information, and you will be searched. Your property will be taken and held for you until you are released. You'll be fingerprinted and photographed and held until your first appearance in front of a judge or until someone posts bond for you.

Felonies and Misdemeanors

Felonies are more serious than misdemeanors. Some crimes may be considered felonies or misdemeanors depending on severity and circumstances. A DUI is usually a misdemeanor unless someone is seriously injured or killed. Some felony charges may be reduced to misdemeanors and even if you plea to a felony it may be reduced to a misdemeanor at some point. Your Fresno criminal defense lawyer is critical to ensuring you are not charged improperly.

Consequences of a Conviction

A felony conviction carries more severe consequences than a misdemeanor conviction. If you're convicted of a felony, you'll generally spend more time in custody and have more restrictions placed on you after release. After release, you may not be allowed to vote or hold public office, and in some cases you may not be eligible to serve in the military. Your Fresno criminal attorney should spell out the consequences of a conviction in your specific case.

Honesty is the Key to a Successful Defense

If you're not honest with your Fresno criminal defense lawyer, you cannot expect the best defense in court. If you're caught in a lie in court, your lawyer will be unprepared and cannot defend you to the best of his or her ability. You will not shock your attorney with the details of your case. He or she relies on you to be honest so that you can get the best possible defense.

Regardless of Circumstances, You Have Rights

Even those who commit the most heinous of crimes have the right to a proper defense. Whether you've been arrested on a DUI charge or face other criminal charges, you need an experienced Fresno criminal lawyer on your side from the beginning to protect your rights and defend you adequately.