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.
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