Fresno DUI Attorney Fact Sheet

TopFresno County DUI Attorney:  Defending DUI and BUI Charges in Fresno County, Kings County, Madera County, and Tulare County.

Have you been arrested for DUI (Driving Under the Influence in Fresno, California?  If so, you need the best DUI Defense Lawyer to assist you with reviewing your DUI case and advising you on how to proceed.  Having your constitutional rights explained to you, and assisting you with any effort to avoid a criminal conviction or receive the best possible outcome is important.  Jonathan Rooker is a Top Rated DUI Defense Lawyer, who uses education, dedication, and experience to help his clients.  Jonathan has the knowledge and skill to aggressively attack blood test results and force the prosecution to prove their case if they want to win.

Jonathan offers FREE CONSULTATIONS on DUI Cases.

What is involved in a Fresno DUI arrest?

Each set of circumstances is unique to the case, literally, no two cases are exactly the same.  In Fresno, a DUI arrest may involve one of the following situations:

  • A DUI Sting Operation:   A sting operation occurs when the Fresno police send officers or decoys into a drinking establishment to see who is intoxicated or impaired, then signal officers outside the establishment to detain the drivers as they begin driving their vehicles.  Many times the Fresno Police have actually waited until the vehicle drove on a public roadway, found probable cause to stop the vehicle, but in the process allowed a person to drive in order to get the coveted DUI arrest.
  • Once the vehicle is stopped, the officer will approach the vehicle, and ask for registration and license from the driver.  The officer will almost always report that they observed slurred or thick and heavy speech, red watery eyes, and a strong odor of an alcoholic beverage.
  • The officer will then ask the driver to exit the vehicle and perform Field Sobriety Tests to determine if the driver is impaired.
  • The officer will often cite the totality of the circumstances for the arrest.  This includes driving, in person observations, FST's, and answers to the DUI related questions that are often used by the prosecution in DUI trials.
  • Finally, if the person is arrested, they will have the choice of a blood or breath test to determine their Blood Alcohol Content (BAC). 

What is a DUI?

  •  The first an most common form of an alcohol related DUI is the .08% by weight DUI.  This is when a person's blood alcohol content is equal to or greater than .08% BAC.  This is known as the Per Se charge of DUI.
  • Another charge may be the .05% or greater DUI with alcohol, this is an impaired driving, where the impairment is not assumed by concentration of alcohol in the blood, but must be proved by other facts such as FST's and/or Driving along with other factors.
  • The final is the DUI-Drug charge.  It is a charge that a person was impaired by drugs while operating a motor vehicle.  This charge is similar to the .05% BAC in the fact that the prosecution must prove the impairment, it isn't assumed.

Why hire the Best Fresno DUI Defense Lawyer to assist you with your DUI?

A Fresno DUI Attorney can assist you with every aspect of your DUI arrest.  There are important factors such as calling the DMV to schedule a review of your CDL Admin Per Se Suspension within Ten (10) Days of your arrest.  We will ask the DMV to stay the suspension of your CDL until a review hearing and decision is rendered on your case.  This may allow you to drive during the interim while the review is pending. 

A DUI Attorney who has been properly trained on the science of Blood Alcohol, Testing procedure, Adsorption, Distribution, and elimination of alcohol may be able to show you were (case specific) under the Per Se .08% BAC limit at the time your were operating a motor vehicle.   Other times, you may not have even been operating a motor vehicle prior to your arrest.  Many people will drive to a location, drink, and sleep in their cars.  If this is the situation, you may have a solid defense to your DUI accusation while will allow you to prevail on the merits at the DMV and in Court.

The DMV requirements can be quite complicated.  There are different processes involved for DUI classes, SR-22, Ignition Interlock devices, and a host of other issues you may need assistance navigating.  An experienced DUI Attorney can assist you with many aspects of DUI law, DMV issues, and re-licensing issues. 

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Fresno ACS-CHAL Lawyer-Scientist to help with your DUI
Fresno ACS-CHAL Lawyer-Scientist to help with your DUI

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

D v

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.