Fresno, CA DUI Penalties & Laws

Finding yourself arrested for a DUI in Fresno, California can be a jarring, embarrassing experience. For many residents, a DUI arrest may be their first experience with law enforcement. What happens next? What can you expect?

Since 2004, attorney John Abel has helped clients just like you navigate the law, protect their rights, and fight back against DUI charges.

It is possible to defend against a DUI charge, and an experienced DUI criminal defense attorney can help you understand your legal options and ideally avoid the harsh penalties that come with a DUI conviction.

How Is “Under The Influence” Legally Determined?

It’s important to understand how law enforcement and California courts define “driving under the influence” and what the legal standards are.

In California, if you are driving with a Blood Alcohol Content of 0.08% or above, you are legally “driving under the influence”, even if you have a high tolerance for alcohol, or have not violated traffic laws while driving.

If you are under the age of 21, driving with any amount of alcohol in your system is illegal. Finally, if you are a commercial driver or rideshare driver, driving with a BAC of 0.04% or higher means that you are legally driving under the influence.

You may also be arrested for a DUI if you were driving carelessly or dangerously, even with a very small amount of alcohol in your system.

What Are The Penalties For A DUI Conviction In California?

If convicted of a DUI in California, the penalties can be severe and life-changing. Many California drivers mistakenly assume that a DUI arrest is similar in weight to a traffic violation, such as speeding. But the impairing nature of alcohol and other substances makes a DUI conviction far more serious than a ticket.

For A First DUI Conviction: You could face fines of up to $1,000 and jail time of six months. Additional penalties may apply. Your license will be suspended for up to 10 months, and DUI education classes will be required.

For A Second Offense: You’ll now be looking at up to $1,000 in fines and up to one year in jail. Your license will be suspended for one year, and DUI classes will be required.

For A Third Offense: On top of fines of $1,000 and jail time of up to one year, you’ll now lose your license for three years. Additional costs and fees are likely, and DUI classes may be ordered.

DUI With Death Or Injury: If you are convicted of driving under the influence and your impaired driving caused someone else to be hurt or killed, you are now looking at felony charges, even if this was your first DUI arrest. You could face years in prison, fines in the thousands of dollars, as well as the permanent revocation of your license.

These are serious consequences, and penalties increase if your BAC was 0.15% or higher, if there was a child in the vehicle with you, and if your impaired driving caused property damage.

Remember, your freedom, independence, and reputation will all be impacted. Your future housing options and career choices could also be limited, and a DUI conviction could, unfortunately, be used against you in a divorce or child custody case.

This makes fighting back against these charges all the more critical. And with the help of Fresno DUI attorney John Abel, a clean slate is possible.

How Can A DUI Lawyer Help Me?

The good news is that it is possible to fight back against DUI charges.  First, John Abel Law Office will review the evidence against you and determine if the police truly had probable cause to pull you over. If they didn’t, the evidence they obtained against you could be suppressed.

Next, if your attorney determines that your BAC was tested with faulty, inaccurate, or poorly calibrated equipment, this could be an avenue to see your DUI charges dropped or reduced.

And if your BAC was taken at the station rather than during the initial traffic stop, your lawyer could argue that you may well have been under the legal limit when pulled over, as the human body metabolizes alcohol gradually.

Finally, nervousness, a medical condition, or a language barrier can all be readily mistaken for impairment, and your attorney will get to work to determine if any of these played a role in your arrest.

Need Help After A DUI Arrest? Reach Out Today!

If you’ve been arrested for a DUI in Fresno, California, you need experienced, tailored legal help. For more than 20 years, attorney John Abel has helped people just like you work hard to see their charges reduced or dropped, allowing them to retain their driving privileges and move forward with a clean record.

Have questions, or in need of legal representation? Reach out to John Abel Law Office at (559) 321-1977 for an initial consultation today.