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Navigating DUI Process

Navigating the DUI Process

The Fresno DUI court process can feel overwhelming, with complicated procedures and serious consequences for anyone charged with drunk driving. Learn each step of the DUI process and see how our dedicated attorney can get you through the process.

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Navigating DUI Process

Navigating the DUI Process

The Fresno DUI court process can feel overwhelming, with complicated procedures and serious consequences for anyone charged with drunk driving. Learn each step of the DUI process and see how our dedicated attorney can get you through the process.

Schedule a Free Consultation

Navigating DUI Process

DUI Process

The Fresno DUI court process can feel overwhelming, with complicated procedures and serious consequences for anyone charged with drunk driving. Learn each step of the DUI process and see how our dedicated attorney can get you through the process.

Schedule a Free Consultation

Understanding Drunk Driving Process

The DUI court process in Fresno, can be complex and intimidating for those unfamiliar with the criminal justice system. After a DUI arrest, you face both criminal charges in court and administrative consequences through the DMV. Knowing the steps ahead and how to approach them is crucial to protecting your rights in court and at DMV.

Below, we have highlighted the various steps in a criminal case. However, keep in mind that each DUI case is unique and may have some variations, so speaking to a DUI attorney is essential when you are charged with drunk driving.

What Does it Mean to be Charged with a DUI?

Under California Vehicle Code Sections 23152 and 23153, driving under the influence (DUI) is a serious offense. These laws apply to anyone operating a motor vehicle while impaired by alcohol, illegal drugs, prescription medications, or any combination of these substances. Impairment is defined as a loss of the ability to drive safely, and in cases involving alcohol, a blood alcohol content (BAC) of 0.08% or higher is considered over the legal limit. For drivers under the age of 21 or those holding commercial licenses, the legal BAC threshold is even lower, reflecting the state’s strict approach to DUI offenses.

Section 23152 addresses standard DUI violations, such as driving with a BAC at or above the legal limit or under the influence of drugs. Section 23153, however, applies when the drunk or impaired driving results in injury to another person. Cases under Section 23153 are often pursued as more severe felony offenses due to the harm caused.

Judges in Fresno are committed to enforcing California’s strict DUI laws and will impose penalties designed to deter future violations. Punishments for a DUI conviction can include hefty fines, mandatory alcohol education programs, probation, license suspension, and even jail time. Felony DUI charges carry even harsher consequences, such as longer sentences and greater fines.

The Stages of a DUI Investigation

A DUI investigation in Fresno is a multi-step process that begins the moment a police officer suspects a driver may be under the influence. Understanding each stage of the investigation is crucial, as decisions made during this time can significantly impact the outcome of your case. Below, we break down the key phases of a standard DUI investigation.

Initial Traffic Stop

The process typically begins when a police officer pulls you over, either for a traffic violation, such as running a red light or speeding, or because they observe behavior suggesting impaired driving, like swerving or erratic braking. Once stopped, the officer will observe the driver for signs of impairment. This includes listening closely to their speech for slurring, smelling for alcohol on their breath, and assessing their physical appearance, such as bloodshot eyes or lack of coordination. The officer may also ask questions to gauge alertness and sobriety.

Field Sobriety Tests

If the officer suspects impairment, they may request that the driver perform field sobriety tests (FSTs). These tests involve evaluating balance, coordination, and the ability to follow instructions. Common examples include walking heel-to-toe in a straight line, standing on one leg, or following an object with your eyes without turning your head. While these tests are voluntary, the results are often used to establish probable cause for a DUI arrest and can become critical evidence in your case.

Chemical Tests: Breath and Blood

After sufficient probable cause is established, the officer may place the driver under arrest and proceed with chemical testing. These tests, which include breath and blood samples, are used to measure your blood alcohol content (BAC), providing objective evidence of impairment. Under California’s implied consent law, drivers are required to submit to these tests after a lawful DUI arrest. Refusing to comply can result in severe consequences, such as a mandatory one-year driver’s license suspension, even if you are not ultimately convicted of DUI.

Consequences for Refusing Chemical Tests

Drivers often misunderstand the gravity of refusing a chemical test. While it may feel like a way to avoid incriminating evidence, the refusal itself becomes a legal offense. The DMV imposes strict administrative penalties for refusal, including an automatic license suspension, and prosecutors may use the refusal as evidence of consciousness of guilt in court.

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Understanding DUI Suspended Licenses

After a DUI arrest, one of the most immediate and significant consequences is the potential suspension of your driver’s license. Managing this aspect of a DUI case is critical, as it has a direct impact on your ability to work, attend school, and maintain your daily responsibilities. Fighting to save your license requires swift action and careful navigation of both the administrative and legal processes.

The Importance of Requesting a DMV Hearing

Unlike the criminal proceedings for your DUI case, the fight for your driver’s license is handled separately by the Department of Motor Vehicles (DMV). Following a DUI arrest, you only have 10 days to request a DMV Administrative Per Se (APS) hearing to challenge the automatic suspension of your driving privileges. If you fail to make this request within the 10-day window, the DMV will proceed with a suspension, even before any conclusion is reached in your criminal case.

By acting quickly, you can delay the suspension process while the hearing is scheduled and provide yourself additional time to build your defense. If reaching out to our office immediately is not possible, you can request the hearing on your own by completing the DMV Request Form and faxing it to the Driver Safety Office associated with your area. However, professional assistance in submitting the request ensures that the process is handled correctly and thoroughly.

Your Rights at the DMV Hearing

At the DMV hearing, you retain important rights that give you the opportunity to present your case and challenge the evidence against you. You are entitled to review all the evidence the DMV intends to use, including police reports and any test results. This early discovery can prove vital to identifying potential weaknesses or errors in the case against you.

You also have the right to subpoena witnesses, such as the arresting officer, and any additional evidence that may help support your defense. Cross-examining these witnesses can sometimes uncover inconsistencies or procedural mistakes that benefit your case. Though the DMV hearing is not a criminal trial, the stakes remain high, and the rules can be complex. It is essential to approach the hearing with a thoughtful strategy.

Why Legal Representation Matters

Navigating a DMV hearing without proper legal representation is challenging, as the system is weighted against unrepresented individuals. Any statements made during the hearing could potentially be used against you in your criminal case. Unlike in a criminal court, you are not entitled to an attorney for a DMV hearing. For this reason, working with an experienced DUI attorney is often the best way to protect your rights and improve your chances of success.

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Understanding Bail in DUI Cases

Bail is a financial arrangement that allows a defendant to be temporarily released from jail while awaiting trial or other court proceedings. It acts as a guarantee that the accused will return for all required court appearances. When bail is posted, it ensures that the defendant can remain out of custody as their case moves through the legal system. Once the trial or legal process concludes, the bail amount is refunded, provided the defendant has met all court obligations. However, if the defendant fails to appear in court as required, the bail is forfeited to the State, and further legal consequences may follow.

How Bail Works for DUI Cases

For individuals charged with drunk driving offenses, the bail amount is typically determined based on several factors, such as the severity of the offense, whether there are prior DUI convictions, and whether the incident involved injuries or other aggravating circumstances. Fresno County, for instance, has a set bail schedule that outlines standard amounts for various charges, including DUIs. However, the court also has the discretion to adjust bail amounts depending on the circumstances of the case.

Once bail is set, the defendant must either pay the full amount directly to the court or secure the services of a bail bondsman. Most individuals who are charged with DUI and do not have immediate access to the full bail amount opt to work with a reputable bail bondsman. A bail bondsman typically charges a non-refundable fee, often 10% of the total bail amount, and acts as a surety by pledging the full amount on the defendant’s behalf.

The Importance of Consulting a DUI Lawyer

Consulting a knowledgeable DUI lawyer early in the process is crucial, as they can guide you through both the immediate challenges of securing bail and to ensure you actually need to post bail. If you are required to post bail, our office can recommend reliable companies, ensuring you work with someone reputable.

Navigating the DUI Court Process

When facing DUI, it is important to remember that the legal process is designed to ensure you receive a fair trial. Even if the evidence appears overwhelming, it does not automatically mean you will be convicted. The burden of proof lies with the government, and they must present evidence sufficient to convict you beyond a reasonable doubt. When the prosecution fails to meet this standard, a skilled DUI attorney will work to have your case dismissed in court. If dismissal is not an option, a our DUI attorney can negotiate to reduce the charges against you, potentially minimizing penalties and long-term consequences. Below is a breakdown of the DUI court process to help you understand what to expect.

DUI Arraignment

The arraignment is your first formal court appearance after an arrest. During this proceeding, the judge will read the official charges against you. At this point, you, or your attorney on your behalf, will enter a plea of guilty, not guilty, or no contest. A "not guilty" plea is often entered at arraignment, even when plea negotiations are anticipated, as this allows your lawyer time to assess the evidence and devise a strategy.

Following the arraignment, the court will schedule additional dates, including pre-trial hearings and possibly a trial date. This stage is critical, as it sets the framework for all future proceedings. An experienced DUI attorney will ensure your rights are protected from the outset and begin advocating for the strongest possible outcome.

Discovery in DUI Cases

Discovery is the process where both the defense and prosecution exchange evidence relevant to the case. For DUI charges, this evidence could include police reports, body camera footage, results from chemical tests (such as blood or breath tests), and any additional observations made by the arresting officer.

The details often begin with the traffic stop itself. A police officer may pull you over for a routine traffic violation or erratic driving behavior that raises suspicion of impairment. From there, the officer evaluates signs of intoxication, such as slurred speech, alcohol odor, or poor coordination, to establish probable cause.

It is the prosecution’s legal obligation to provide all evidence in their possession, especially anything that could suggest your innocence. If evidence is delayed, incomplete, or withheld, your attorney may act by filing motions to ensure your rights are upheld. A skilled DUI lawyer will analyze the discovery materials to identify errors or weaknesses that could lead to a dismissal, suppression of evidence, or other favorable outcomes.

Pre-Trial Hearings

The pre-trial phase provides opportunities to resolve procedural issues and negotiate with the prosecution. During these hearings, your attorney may discuss plea bargains with the district attorney, which might involve reduced charges, lesser penalties, or participation in alternative sentencing programs.

Most DUI cases do not proceed to trial. A large percentage of these cases are resolved during the pre-trial stage through negotiation. This is especially true when the prosecutor’s case has vulnerabilities that your attorney highlights. Plea bargains can be an efficient way to move past a DUI charge with minimized consequences, but the decision to accept or decline an offer should always be made with input from an experienced lawyer.

Motions in DUI Cases

Pre-trial motions are a critical component of DUI defense. These legal requests ask the court to take specific actions, such as excluding certain evidence or dismissing particular charges. The most frequent motion in DUI cases is a motion to suppress evidence based on constitutional violations. For example, if an officer conducted an unlawful traffic stop or improperly obtained chemical test results, your attorney may challenge the admissibility of that evidence.

For felony DUIs, additional motions, such as Penal Code 995 motions, may be filed. These motions aim to dismiss charges for reasons like insufficient evidence, procedural errors during preliminary hearings, or constitutional violations. Effective motions can substantially weaken the prosecution's case, sometimes resulting in dismissal or reduced charges.

DUI Trials and the Right to a Jury Trial

If plea negotiations fail and your case proceeds to trial, your right to a jury trial becomes essential. At this stage, both sides present evidence, examine and cross-examine witnesses, and make legal arguments before a jury.

Your DUI attorney will have an opportunity to scrutinize the testimony of the prosecution’s witnesses, including the arresting officer, and highlight inconsistencies or flaws in the case against you. Defense witnesses may also be presented to support alternative interpretations of the facts. A proactive DUI attorney is critical during trial, because we can challenge the evidence and present your case persuasively to the jury.

DUI Sentencing

Sentencing occurs if you are convicted or enter a guilty plea. Penalties for DUIs in California can be severe, ranging from fines and required educational programs to jail time and long-term license suspension. For repeat offenses or cases involving aggravating factors, like injuries or high BAC levels, the consequences can be especially harsh.

However, sentencing is not the end of the line. A skilled DUI attorney will advocate for the lightest penalties possible, emphasizing mitigating factors such as your willingness to comply with alternative sentencing, your clean criminal record, or hardships that might justify leniency.

If your charges are dismissed or you are acquitted at trial, you can put the episode behind you quickly and move forward with your life. If convicted, your lawyer will work diligently to minimize the impact on your future.

Defend Your DUI with Skilled Representation

The DUI court process is complex and full of potential pitfalls. Having an experienced DUI attorney to guide you through each stage ensures that your rights are protected and that you have the best possible chance to achieve a favorable outcome. From challenging evidence to negotiating with the prosecution while fighting for you in court, effective representation can make all the difference. Take control of your case by seeking an experienced DUI lawyer that understands the system and will help you through it together.

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Defend Your DUI with Skilled Representation

The DUI court process is complex and full of potential pitfalls. Having an experienced DUI attorney to guide you through each stage ensures that your rights are protected and that you have the best possible chance to achieve a favorable outcome. From challenging evidence to negotiating with the prosecution while fighting for you in court, effective representation can make all the difference. Take control of your case by seeking an experienced DUI lawyer that understands the system and will help you through it together.

Schedule a Free Consultation Our Services

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If you're facing a DUI, it’s natural to have questions. Begin by learning about key aspects of DUI cases, such as potential penalties, the court process, and common enhancements that may affect your case in Fresno. Connecting with our experienced attorney allows you to protect your rights, reduce the potential impact on your life, and work towards a more favorable outcome. Don’t wait to contact us to discuss your driving under the influence case.

A strong criminal defense is essential to protecting your constitutional rights and ensuring that you receive fair treatment i. Whether you are facing a misdemeanor or felony charge, the potential consequences can include hefty fines, a permanent criminal record, or even imprisonment. Learn how the criminal justice system works and then contact us to discuss your case.

A criminal record can hold you back from key opportunities in life. However, legal remedies such as expungements, sealing arrest records, and post-conviction relief provide a chance for a fresh start. These options can open doors to better opportunities, reduce stress, and help you move forward with confidence. By consulting with our experienced attorney, you can begin the process of reclaiming your future.

A traffic ticket might seem minor, but failing to handle it properly can lead to significant consequences. Beyond paying fines, a single violation can cause your insurance premiums to rise, add points to your driving record, or result in a license suspension. If you are a commercial driver, the risks are even greater, as a ticket could jeopardize your career and financial stability. Contact our office today to see how we can defend you in court against your traffic ticket.