DUI cases are not always as simple as being pulled over, blowing into a breathalyzer, being arrested, and being convicted for drunk driving. First, the police must have “reasonable suspicion” before pulling you over. Secondly, a field sobriety test must be conducted according to proper procedure. Third, if a breathalyzer is used, it must be calibrated correctly and have an up-to-date maintenance record. Next, breathalyzer results can be affected by how hard you blow into a machine, your size, weight and gender.
At Law Men, we understand how violations of proper protocols by police, poorly maintained breathalyzers, and lack of reasonable suspicion can be grounds for having a DUI charge thrown out of court. When good reasons exists to dismiss a DUI charge, we have the investigative and forensic resources needed to challenge the charges against you.
In California, there are usually two ways you can be found guilty of drunk driving:
- Vehicle Code Section 23152(a) provides that if you drive a motor vehicle while under the influence of alcohol or under the influence of drugs (including prescription drugs) you can be found guilty. What the government needs to be prove is that the driver, at the time of the stop was impaired and unable to safely operate a motor vehicle. Typically, a pattern of driving, objective symptoms and Field Sobriety Tests (FST’s) are presented in court to show physical impairment and intoxication.
- Vehicle Code Section 23152(b) provides that if you are driving under the influence of alcohol and a sample of your blood or breath shows a level of .08 or above, you can be found guilty. A jury must be convinced beyond a reasonable doubt that the person’s Blood Alcohol Content (BAC) was beyond that legal limit. So, if the government proves that your BAC was.08 % or higher at the time of the stop, you can be found guilty, regardless of the amount you actually drank.
If a person is arrested for DUI or DWI they are usually charged with both vehicle code sections 23152(a) & (b). Driving Under the Influence cases can have serious criminal consequences in addition to the actions taken by the California Department of Motor Vehicles
If you are convicted of DUI or DWI or impaired driving, with the use of prescription drugs the potential consequences may include severe fines, your driving privileges suspended or revoked from you and jail. You can lose your job and your insurance company will likely raise your rates. An experience aggressive Fresno DUI attorney representing you can make all the difference.
If you hold a professional license, conviction of DUI charge may jeopardize your career so our attorneys will file all pre-trial motions, negotiate and engage in trial always aggressively so that you don’t lose your job. Our experienced Fresno DUI Lawyers take pride in their work and their case results reflect their dedication to the clients. Regardless if you or your loved one has been charged with a felony or misdemeanor DUI, you need aggressive representation immediately.
In many cases we can negotiate plea agreements that reduce the DUI to what is commonally called a “Wet Wreckless”. This can only be done by a plea negotiation. It is not possible to get a Jury Verdict for this lesser crime. In many instances our negotiated pleas result in greatly reduced fines, no jail time, shorter DUI School and Driver Licence Reinstatment.