Fresno DUI Attorney Frequently Asked Questions & Answers | Fresno DUI Lawyer|

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
• Probation
• 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?

  1. 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.

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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.