Fresno Drunk Driving/DUI FAQ
A November 2006 USA Today story stated that Fresno may be the toughest city in the nation on drunken drivers. If you have been arrested for drunk driving in Fresno, otherwise known as driving under the influence or DUI, the first thing you should do is call a skilled lawyer who is experienced at defending against DUI in Fresno. The Law Office of Rick Berman & Eric Schweitzer can provide the experienced Fresno DUI legal help you need.
The following Fresno DUI questions and answers help you understand the seriousness of the offense and the nature of your legal options.
If I am stopped for a DUI in Fresno, should I take or refuse a chemical blood alcohol test?
It is generally better to take the test for a Fresno DUI, because failure to take the test can greatly increase the penalties. If you refuse, you can be charged with a separate criminal offence. The refusal is evidence of consciousness of guilt. Even on your first offence for Fresno drunk driving, refusing to take the test leads to a one-year license suspension without the ability to receive a restricted license.
How much time do I have to contest the charge for drunk driving in Fresno?
Even if you are released on OR, or your own recognizance, you only have ten days to request a DMV hearing. Failure to request a hearing within this ten-calendar-day period means an automatic 30-day license suspension will be automatically imposed. We recommend calling an experienced Fresno DUI lawyer like Rick Berman and Erick Schweitzer as soon as possible after your arrest.
What is the legal process I face when I’ve been arrested in Fresno for DUI?
When you are arrested for DUI in Fresno, two separate legal cases begin. One is a California Department of Motor Vehicles (DMV) case, and one is a California criminal case. Only the DMV case can result in license suspension. However, stiffer criminal penalties, including fines and jail time, can be imposed in the criminal case based on the circumstances that resulted in the arrest.
If I was DUI in Fresno, how can a lawyer help?
On the DMV side, a skilled Fresno DUI lawyer can help by contesting the validity of the blood alcohol concentration (BAC) test. On the criminal side, where jail time can result, you have the right to a jury trial in which there is a presumption of innocence. To avoid conviction, a lawyer need only convince one juror that the charges cannot be proven. This is a much better outcome than one can expect without a lawyer conducting a trial.
If you need a skilled drunk driving lawyer for a DUI charge in Fresno, contact the Law Office of Rick Berman & Eric Schweitzer today.
