Fresno Area DUI Safety Tips By Criminal Defense Attorney Jonathan Rooker | Fresno DUI & Criminal Defense Attorney

Fresno Area DUI Safety Tips By Criminal Defense Attorney Jonathan Rooker

Fresno County DUI's and the Fresno County is a vast area consisting of rural towns, small cities, and a large metropolitan area.  Due to many factors, once being the same government that authors DUI laws grants permits to build parking lots outside of them, often requiring a MINIMUM number of automobile parking stalls, we have a significant number of DUI arrests and accidents.

Unlike many large cities such as San Francisco, New York, San Jose, Los Angeles, and numerous other cities, Fresno, especially the vast expanse of Fresno County and the included towns and cities, lack a mass transit system capable of handling the after hours traffic, which statistically accounts for a majority of the DUI arrests and accidents.

We, as citizens need to be responsible with our use of alcohol, and our awareness of our surroundings.  There are many options that may assist, such as tracking the alcohol and time period of consumption when you will be driving.  It is not illegal to have alcohol in your system, it is illegal to be impaired while driving.  We also must understand that the chart the DMV gives to estimate your blood alcohol content may be tragically inaccurate as to your specific blood alcohol content.  People absorption rate, distribution, metabolism, and elimination of alcohol very significantly between individuals.  Medical text books have stated that under ideal circumstances, 80-90% the alcohol orally consumed will be absorbed into the blood stream within 1 hour.  However, under less than "ideal" circumstances it can take 2-6 hours for full absorption of alcohol into the blood stream to occur.  Less than ideal includes food in the stomach, delayed gastric emptying, use of acetaminophen, alcohol stronger than than 20% (roughly) when pyloric spasms occur, or low concentration of alcohol in the drinks consumed such as light beer.

The above information is important, because a person who consumes alcohol cannot begin to metabolize the alcohol until it reaches the liver.  It reaches the liver by travelling though the Portal Vein, or Hepatic Vein from the small intestine to the liver.  It must first have exited the stomach, where only approximately 20% of the alcohol is absorbed, into the small intestine.  The absorption rate between individuals varies so greatly that many of the most accomplished researchers agree there is no accurate method to predict blood alcohol concentration or use retrograde extrapolation to estimate past Blood Alcohol Concentrations absent a series of chemical tests.

The bottom line is drivers are severely limited in resources and ability to calculate their own blood alcohol levels while or following a pattern of drinking alcoholic beverages.  Some people have utilized chemical testing by purchasing a breath alcohol device to help estimate their blood alcohol content and avoid a DUI charge or worse. Machines need to be accurate, and calibrated to be of any real benefit.  People also need to check multiple times over a period of time to make sure they are not still absorbing or their blood alcohol level isn't rising when the begin to drive.  This could lead to a person, under the legal limit at the time of driving, having their blood alcohol content rise while driving, thus being arrested for DUI.  Another fact pattern that occurs commonly, is being under the legal limit when stopped, then the blood alcohol level increasing during the course of investigation by the officer, to a point it exceeds the legal limit when tested.  While the law is clear that the .08% by weight of alcohol required to exceed the Per Se DUI law must be when driving, there is a presumption that if it is tested within 3 hours after driving and exceeds the limit, that it also exceeded the limit at the time of driving.

Some tips to help avoid exceeding the legal limit while driving a motor vehicle include:

1. Don't drink and drive; 2.  purchase a quality Breath Alcohol Testing Device and utilize it; 3. Call a Taxi or other ride home after drinking; 4. carpool with a designated driver; 5. plan ahead and stick with the plan.

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker


Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.