Fresno DUI Attorney:
Frequently Asked Questions & Answers
Fresno DUI Lawyer Jonathan Rooker:
What options do I have?
Unless you are comfortable accepting the standard or possibly the maximum DUI penalties, we highly recommend you contact a DUI defense attorney in a timely manner. A qualified defense attorney can review you case, explain your options and pursue a quality result which may be a dismissal, plea bargain, motion to suppress, and/or trial.
What happens when the case is taken to court?
If you are arrested for, cited, or accused of DUI you will have to appear in court at a designated date and time which is usually on your citation. Many times, especially in Fresno DUI misdemeanor cases a lawyer will appear on your behalf. Some judges want a second or third time offender to appear in person.
At some point an accused must decide whether they want to appear themselves or retain an attorney. The judge will often here private counsel / retained attorney cases first, this may decrease the amount of time you spend in court.
At some time during the proceedings you enter a plea of guilty, not guilty, or no contest. If you plead guilty then the sentence may be passed immediately. Punishment for DUI crimes entails jail time, or programs that count as jail, as well heavy fines and probation. The SCRAM monitor is also available and provides for a continuous alcohol monitor and if needed a GPS house arrest feature.
Can I even expect to win a Fresno DUI Case?
Each case is a unique set of facts. Different officers, defendants, BAC or Level of Drugs in the blood, tolerances, and many other factors. Many DUI cases do not end in a DUI conviction. Wet Reckless, (dry) reckless
What penalties can I expect for a Fresno DUI conviction?
The penalty you get depends upon a number of factors relating to your case. These are some general penalties that you may expect:
• Jail time
• Fines and monetary penalties
• Suspension or revocation of your driving silence
• Car impound.
• Compulsory attendance at rehabilitation programs
• Installment of ignition interlock devices in your vehicle
Can I win a DMV administrative hearing?
Yes. If you have an attorney experienced in handling DMV hearings, and the proper factual scenario you may win a DMV hearing. DMV hearings are highly technical, and many times a violation of Title 17 can aide your defense. The hearing officer of DMV is interested in Four things:
1. Were you driving the car a motor vehicle?
2. Did the police office have “reasonable suspicion” to stop the vehicle?
- Did the officer have Probable Cause to make arrest you?
3. Was your blood alcohol concentration 0.8 or higher at the time you were driving the vehicle?
If I lose my license how do I get it back?
Each case is fact intensive, but many times it involves a DUI program, SR-22 form, and paying a reissue fee. However, that is a “normal” first time offense, and you should consult with your attorney for more specific methods for your case.
How long does this take?
APS suspensions for a first time offender may be as short as 30 days hard suspension and 5 months of restriction, but certain factual scenarios could increase the time.
How much will all this cost me?
DUI cases have many costs you will need to factor in. DUI case costs include the court costs, fines, attorney fees, DUI traffic school, increased insurance premiums, and expert witnesses. The methods used to calculate the costs, your time expenditure, and the repercussions are very fact specific.
You can contact me for a free consultation about your case.