Protect your future against first-time DUI charges with strong legal DUI lawyer in Fresno.

First DUI? Effective Defense

Defending First Time DUI Charges

Facing first-time DUI charges is difficult, as the consequences may impact your personal and professional life. Learn how an experienced DUI lawyer can help you understand your options and protect your rights in court and at DMV.

Schedule a Free Consultation

First DUI? Effective Defense

Defending First Time DUI Charges

Facing first-time DUI charges is difficult, as the consequences may impact your personal and professional life. Learn how an experienced DUI lawyer can help you understand your options and protect your rights in court and at DMV.

Schedule a Free Consultation

First DUI? Effective Defense

First DUI

Facing first-time DUI charges is difficult, as the consequences may impact your personal and professional life. Learn how an experienced DUI lawyer can help you understand your options and protect your rights in court and at DMV.

Schedule a Free Consultation

Understanding DUI Charges

Facing a first-time DUI charge can be an overwhelming and frightening experience. You might feel unsure about how to handle the charges, especially when dealing with court proceedings and the possibility of losing your driver’s license. After being told by law enforcement that you were over the legal limit, you may find yourself filled with questions and concerns about what comes next.

If you’ve been charged with drunk driving for the first time, it is important to take proactive steps to understand the process and protect your rights. Consulting an experienced DUI lawyer in Fresno can help you navigate the DUI process. We can assist you in understanding how to defend against the charges, interpret breath or blood test results, evaluate field sobriety tests, assess potential sentences, as well as determine the risk of license suspension by the DMV.

We are committed to helping you understand your options, and we will work to have your charges reduced or dismissed. If you were arrested for driving under the influence, contact us today to discuss your case and receive the assistance you need to successfully navigate this difficult time.

What Is Driving Under The Influence?

A DUI arrest isn’t simply a traffic violation. Unfortunately, it is a criminal offense that often result in a number of consequences, including license suspension, mandatory DUI education programs, fines, and even jail or prison time.

Driving under the influence means more than the commonly used phrase "drunk driving." It refers to operating a vehicle while your ability to drive safely is impaired by alcohol, drugs, or a combination of both. While many people associate DUIs with being visibly intoxicated, you don't have to appear "drunk" in the traditional sense to face a DUI charge in California. Impairment of judgment, reaction time, or motor skills, even at minimal levels, can lead to arrest and serious legal consequences.

California has some of the nation’s strictest DUI laws, and Fresno County is particularly aggressive in its enforcement. DUI charges in California can be classified as either misdemeanors or felonies, depending on the circumstances, such as prior offenses, the presence of injuries, or damage caused by the DUI. Fresno holds drivers to a high standard, so it is important to understand how driving under the influence is defined and the consequences of these charges.

Types of DUI Impairment

A DUI is not limited to alcohol. The term "driving under the influence" applies to anyone whose ability to drive is impaired by substances that affect the nervous system, brain, or muscles. This includes illegal drugs, prescription medications, and even over-the-counter medicines. Whether legal or illegal, any substance that impairs your ability to operate a vehicle safely can result in DUI charges.

California law defines specific terms and conditions in its DUI-related sections of the Vehicle Code, aimed at addressing a broad range of scenarios:

Alcohol-Related DUI: Under California Vehicle Code Section 23152(b), a person can be charged with a DUI for operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher (for adult non-commercial drivers). However, even if your BAC level is below the legal limit, you can still be charged if your driving behavior and impairment are evident under California Vehicle Code Section 23152(a).
Drug-Related DUI: California Vehicle Code Section 23152(e) makes it illegal to drive under the influence of any drug, including prescription medications that cause drowsiness or impair reaction times. Driving while under the influence of any drug is illegal, regardless of how the drug was obtained or its intended use. Physicians often fail to adequately warn patients about the risks of driving after taking medications as prescribed, leaving many unaware of the potential legal repercussions.
Combined Influence: California Vehicle Code Section 23152(f) prohibits driving under the combined influence of alcohol and drugs. This applies if a driver consumes both substances, even in small amounts, and their combined effect leads to impairment.
Drug Addict DUI: Under Vehicle Code Section 23152(c), it is unlawful for a drug addict to operate a vehicle. Addiction itself can form the basis for a DUI charge, even if the drug affecting the driver’s system was consumed at an earlier time.
Commercial Vehicle DUI: Under Vehicle Code Sections 23152(d) and 23152(e), commercial drivers and rideshare operators are prohibited from driving with a Blood Alcohol Concentration (BAC) of 0.04% or higher.
Vehicle Code Section 312: Defines a drug as any substance that can impair the nervous system, brain, or muscles to an appreciable degree, impacting a person’s ability to drive as a prudent individual would.

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Defend Against DUI Enhancements

When facing DUI charges, you may also have DUI enhancements, which are additional penalties imposed for specific aggravating factors. Enhancements can lead to more severe punishments, including longer jail time, higher fines, and extended license suspensions.

Common DUI enhancements include driving with an excessively high Blood Alcohol Concentration (BAC), refusal to submit to an alcohol or drug test, being underage at the time of the offense, reckless driving, or having children in the vehicle while impaired. Additional charges can also arise if you flee the scene of an accident, even if only property damage occurred.

Particularly serious are third-party DUI enhancements, which apply when your actions directly harm or pose a heightened risk to others. For example, causing injury to another person or having minors in the car during the DUI incident can significantly intensify the severity of your case, often resulting in harsher sentences, such as extended incarceration or longer license suspension periods.

Given the gravity of DUI enhancements, you need an experienced DUI attorney that can challenge these enhancements to mitigate the consequences of a DUI conviction.

Act now to minimize the impact of your first-time DUI charges in Fresno.

Do not face the consequences of a DUI alone; contact a Fresno DUI lawyer today.

DMV Actions After a DUI Arrest

Following a DUI arrest in California, the Department of Motor Vehicles (DMV) initiates a separate administrative process to determine the status of your driver’s license. This process is independent of any criminal court proceedings and focuses exclusively on your driving privileges.

Administrative License Suspension Process

After you are arrested for a DUI, your driver’s license is typically confiscated by the arresting officer, and you are issued a temporary license valid for 30 days. During this time, the DMV will review your case to decide whether your license should be suspended. The DMV’s action is based on factors such as refusing a chemical test or having a blood alcohol concentration (BAC) of 0.08% or higher at the time of the arrest.
If you do not act quickly, the DMV will impose an automatic license suspension. For a first DUI offense, this suspension can last up to four months. However, the suspension may be longer if you refused a chemical test or are convicted of driving under the influence.

The 10-Day Deadline to Request a DMV Hearing

To challenge the automatic suspension, you have just 10 days from the date of your arrest to request a DMV hearing. Failure to meet this deadline will result in your license being suspended without any opportunity for appeal.
Requesting a hearing not only gives you a chance to contest the suspension but also places a stay on the suspension. This stay temporarily preserves your driving privileges while the hearing process moves forward. You can make the request by contacting the DMV Driver Safety Office, or an experienced DUI attorney can handle this on your behalf.

Get Help With Your DMV Hearing

DMV hearings are administrative proceedings held in DMV offices, and they differ significantly from criminal court cases. During the hearing, evidence will be presented by both sides, and the DMV hearing officer (not a judge or attorney) will decide whether to uphold or set aside the suspension.

The DMV process can be complex and challenging to handle alone, especially with the strict 10-day deadline and the technicalities involved. A skilled DUI attorney can ensure your hearing is requested on time, represent you effectively during the proceeding, and address any procedural errors or weaknesses in the DMV’s evidence.

DUI Punishment After a First Conviction

A first-time DUI conviction in California carries mandatory sentences. If you are facing misdemeanor charges, the penalties include the following:

Probation: Informal probation lasting 3 to 5 years.
Fines: $390 to $1,000, with additional penalties and court fees potentially raising the total to thousands of dollars.
Jail Time: Up to 6 months in county jail, though this is often suspended if probation terms are met.
License Suspension: A mandatory 6-month suspension, with the option to apply for a restricted license for specific purposes, such as traveling to work or school.
DUI Education Program: Enrollment in a court-ordered program lasting 3 to 9 months, focused on alcohol and/or drug education.
Ignition Interlock Device (IID): Possible requirement for the installation of an IID in your vehicle for up to 6 months, allowing restricted driving while the device monitors alcohol consumption.

Other conditions may be imposed by the judge, including:

No drinking and driving.
Attendance at Alcoholics Anonymous (AA) meetings.
Submission to search and seizure.
Avoiding bars or liquor stores.
Completion of community work or community service.

Call now to start building a defense against your first-time DUI charges to avoid DUI penalties.

Ignition Interlock Device Requirements for First-Time DUI Offenders

An Ignition Interlock Device (IID) is a common penalty for DUI convictions in California, including for first-time offenders. This small, breathalyzer-like device is installed in a vehicle's dashboard and requires the driver to provide an alcohol-free breath sample before the vehicle will start. Before starting your vehicle, you must blow into the IID. If alcohol is detected, the car will not start. Additionally, the IID periodically requests "rolling" samples while the vehicle is in operation to ensure continuous compliance.

For first-time DUI offenders, a judge may order the installation of an IID as a condition of probation. Situations that affect this requirement include:

A blood alcohol concentration (BAC) of 0.15% or higher at the time of arrest.
Refusal to submit to a chemical test.

While IID installation may be mandatory in some cases, an experienced DUI attorney can help reduce or potentially eliminate the need for the device. If you are facing a first-time DUI, contact a qualified DUI attorney immediately to discuss your case and determine the best strategy for your specific circumstances.

Protect Your Rights Against First-Time DUI Charges

If you’re facing DUI charges for the first time, act quickly and secure an experienced DUI lawyer to protect your rights and reduce the potential consequences of a conviction. A skilled attorney can guide you through both the DMV and court proceedings with confidence and clarity. Take advantage of a free consultation to explore your options, understand the legal process, and begin building a strong, tailored defense. During this initial consultation, we’ll carefully review the specifics of your case, break down the legal process in simple, straightforward terms, and outline the best course of action to move forward.

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Take control of your first DUI case with help from a Fresno DUI lawyer today.

Protect Your Rights Against First-Time DUI Charges

If you’re facing DUI charges for the first time, act quickly and secure an experienced DUI lawyer to protect your rights and reduce the potential consequences of a conviction. A skilled attorney can guide you through both the DMV and court proceedings with confidence and clarity. Take advantage of a free consultation to explore your options, understand the legal process, and begin building a strong, tailored defense. During this initial consultation, we’ll carefully review the specifics of your case, break down the legal process in simple, straightforward terms, and outline the best course of action to move forward.

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Post-Conviction Relief

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.