Fresno DUI Attorney - Science is our friend | Fresno Criminal Defense & DUI Attorney

Fresno Criminal Defense Attorney, DUI Attorney, and expert Witness
Solid Drug Analysis should be learned in a lab, before it is practiced in a courtroom. Jonathan has gone through the effort and expense to gain the expertise to help his clients.
Fresno DUI Attorney Blog:  Science is our friend

Fresno DUI Attorney Jonathan Rooker believes science our friend when it comes to defendant DUI's.  As a Criminal Defense and DUI Attorney, especially a criminal defense attorney in Fresno where DUI's are given out at such a high rate, Jonathan believes science and education are important for an attorney to understand when defending a DUI charge where facts prior to the stop are so important in determining blood alcohol content (BAC) at the time of driving.

Absorption of alcohol is a big factor.  Alcohol isn't magic, it doesn't instantly travel from your esophagus into your blood.  It travels the same route as other hydrophilic substances that are orally ingested. The alcohol enters the stomach where a small percentage 10-25% is absorbed through the stomach lining.  Next, like other foods and liquids it exits the pyloric valve into the small intestine, where it is absorbed into the system. This is a process, and it is not a fast one. Alcohol is commonly absorbed into food that is consumed before, during, or after the consumption of an alcoholic beverage.  As a DUI Lawyer, it is important that we understand the process, as to cross examine the states expert properly.  In these circumstances, where alcohol is absorbed into the food, gastric emptying must occur before complete absorption of the alcohol into the blood stream can occur.

Government experts routinely testify in DUI Trials that Complete Absorption of alcohol occurs within 15 minutes of consumption.  That would mean, that the stomach has emptied, also known as gastric emptying, has occurred.  When viewed by logic, it would also mean that a person who eats a meal, drinks a beverage, or consumes a combination of both would have an empty stomach in less than 15 minutes.  Anyone who has been sick, regurgitated their stomach contents hours after eating or drinking would understand this is not true.  Yet, the government perpetuates these lies to help wrongly convict innocent people of DUI.

Science tells us that it routinely takes a couple hours to fully absorb the alcohol we consume.  Science tells us that it can take up to 6 hours to fully absorb the alcohol.  Science tells us that DUI conviction are routinely based on faulty opinions by so called government experts that are poorly trained, under education, and told how to testify.  Science tells us that the medical community does not agree with the government experts.

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.