What can a lawyer do for my DUI? | Fresno Criminal Defense & DUI Attorney

Blood alcohol content determined by Breath and/or Blood test

Fresno DUI / Criminal Defense Lawyer Jonathan Rooker

Should I have taken the alcohol test?

If you have been pulled over and cited on suspicions of drunk driving the officer may ask you to submit to a chemical test prior to arrest.  This is called a PAS or Preliminary Alcohol Screening.  This occurs prior to any arrest that might occur.  A PAS is not mandatory, you must consent to perform one, unless you are under 21 years of age or it is a term of your probation.  It may be in a person's best interest to decline, but that is heavily dependent on each cases unique facts.  Following a PAS test, a person may be arrested on suspicion of DUI or Drunk Driving.  If this occurs you may want to retain an experienced Criminal Defense Lawyer at the law offices of Jonathan Rooker to advise you with your case.  Criminal Defense Attorney Jonathan Rooker has assisted hundreds of clients with there DUI cases.

Do I have to answer questions when I'm stopped for DUI?

When a suspected Drunk Driver is stopped, they are not legally obligated to answer an officers questions. It is also true when a person is stopped for drunk driving, they do not legally have an obligation to perform any field sobriety tests.  Many times the officer is collecting information to be used against a person in court, to help convict the driver of drunk driving, or driving while impaired.  If a person is lawfully arrested for DUI, they are obligated under the implied consent law to provide a sample for chemical analysis.  This may be breath or blood, and it is the suspected drunk driver / DUI suspect who may choose the sample they give.  There are certain situations where the suspected DUI Driver does not have the choice, and the officer may choose for them.  This may occur when drugs are suspected as the basis for the impaired driving.

Should I have taken a blood test or Should I have taken a breath test?

This is a question that drivers arrested for DUI commonly ask.  A general answer is difficult.  Each person, and circumstance is unique.  People continue to absorb alcohol for a period of time following their consumption of alcohol.  This period varies greatly between people and situations.  There are very credible studies that show people continue to absorb alcohol for about two hours after they consume alcohol.  That is cited as an average, not an example.  Some people may fully absorb alcohol in around 15 minutes, while at least one medical text book states it may be up to six hours after consumption before the alcohol is fully absorbed.  Breath analysis can over report BAC during the absorption phase.  Blood tests can also be inaccurate.  Holding ones breath prior to exhaling in the breath instrument can also cause the machine to report an inaccurately high result.  If the subject has a fever, or high body temperature it adds to the results as well.  There are numerous other factors that also may influence the breath results.   The list of possibilities and variation that can occur in a single DUI case are so numerous that a blog cannot cover all the possibilities.  To properly assist clients, it is important that the client schedule a meeting with an experienced DUI attorney to asses their case.

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.