Fresno DUI Attorney

Proven DUI Defense Lawyers Serving Fresno County, California

A number of factors are involved in a drunk driving arrest, many of them involving the science of testing for blood alcohol content (BAC). At Schweitzer & Davidian, our Fresno DUI attorneys have a thorough understanding of the proper means to determine a driver's BAC, as well as the numerous mistakes made by law enforcement officers that can result in charges of driving under the influence (DUI) of alcohol or drugs being dismissed.

Our Fresno DUI lawyers have received training on field sobriety testing and toxicology reports from some of the most respected minds in the field. This unique experience allows us to meticulously review the details of any DUI arrest in California and rapidly identify weaknesses or improper procedures that can strengthen your defense.

When law enforcement follows proper protocol and evidence appears strong, our drunk driving attorneys in Fresno are often able to negotiate for reduced charges or alternate sentencing, which may help keep a DUI (also commonly referred to as driving while intoxicated or DWI) off your driving record, especially if you do not have a prior DUI conviction.

Our commitment to each client begins the moment you contact our office. Call today.

DMV Hearings & License Suspension Process in Fresno

If you are arrested for DUI in Fresno County, you face not only criminal charges but also immediate administrative action by the Department of Motor Vehicles (DMV). The DMV will automatically initiate a process to suspend your driver's license unless you or your attorney request a DMV hearing within 10 days of your arrest. This DMV hearing is separate from any criminal court proceedings and focuses solely on your driving privileges. At Schweitzer & Davidian, our DUI lawyers in Fresno assist clients in handling both court cases and DMV actions across Fresno, Clovis, and Visalia, ensuring you meet important deadlines and are fully prepared for these administrative hearings. Our approach involves challenging law enforcement's evidence, questioning the legality of the stop, and reviewing all BAC testing procedures for any inconsistencies. Having a trusted DUI attorney familiar with the Fresno DMV office and local licensing rules can be pivotal for the outcome of your administrative case.

Understanding the DMV's license suspension process is critical to safeguard your daily life. Residents across Fresno County rely heavily on their vehicles for work, school, and family obligations, making the risk of license suspension particularly disruptive. The outcome of your DMV hearing can determine eligibility for a restricted or hardship license, allowing limited driving privileges under certain conditions. We work closely with clients to ensure all paperwork is submitted, prepare you to testify, and clarify Fresno County-specific rules about license reinstatement, ignition interlock requirements, and proof of insurance. Our client-focused approach provides full transparency and support throughout, helping protect your ability to drive and maintain your lifestyle in Fresno and beyond.

Is It Worth Getting a DUI Lawyer in California?

Yes, hiring a DUI lawyer in California can be vital for navigating the legal system and working to reduce or dismiss your charges. An experienced drunk driving attorney in Fresno can review the facts and evidence, provide guidance on your best options, and scrutinize the reliability of your breath or blood test results.

Retaining a qualified DUI attorney in Fresno is especially important because California's legal system is complex and local differences in court procedure may influence your outcome. Fresno County prosecutors and law enforcement take DUI offenses very seriously, and required court appearances are often held at the Fresno County Superior Courthouse. A DUI attorney’s understanding of both local rules and state law can provide significant advantages, especially when handling DMV hearings regarding your license. Our team works to protect your rights at every step and to increase the likelihood of the best possible result for your case, helping you feel confident that you are supported throughout the process.

They can also utilize every available defense to your benefit, including representing you in court when needed.

What Are the Penalties for DUI in California?

California law states that an individual who operates a motor vehicle with a BAC of .08 or higher is guilty of DUI.

Understanding the potential penalties for a DUI in Fresno is crucial for anyone facing charges. In addition to the penalties mandated by California, local courts in Fresno County often apply their own sentencing standards. Consequences may include hefty fines, mandatory alcohol education classes with approved Fresno-based providers, prolonged license suspension by the California DMV, and increased minimum fines. A DUI conviction may have far-reaching effects, including on your employment, especially if you hold a commercial driver's license or work in government or education in Fresno, Clovis, or Visalia. Local prosecutors are known for requesting strict probation, community service, and other penalties, underscoring Fresno County’s commitment to reducing drunk driving incidents.

If you face DUI charges, it is important to realize that these are not treated as minor offenses. Increasing awareness of the dangers posed by drunk drivers has resulted in tougher penalties both in California and nationwide.

Penalties for a First DUI in California

A conviction could result in:

• Your license being suspended or restricted
• Significant financial penalties
• An increased car insurance rate

Subsequent convictions may result in:

• Jail sentences
• License revocation

Repeat Offenses & Ignition Interlock Devices in Fresno County

Repeat DUI offenses in Fresno County often bring substantially harsher consequences, including mandatory jail sentences, multi-year license revocations, and the installation of ignition interlock devices (IIDs). California requires individuals convicted of a second or greater DUI to install an IID, which prevents a vehicle from starting if alcohol is detected on the driver's breath. The Fresno County Superior Court enforces these requirements strictly, sometimes mandating longer periods of monitoring or additional penalties for those with repeat DUI convictions. At Schweitzer & Davidian, our DUI attorneys in Fresno provide tailored defense strategies for repeat offenders, focusing on minimizing sentencing and navigating obligations such as IID compliance and regular court-mandated check-ins.

Understanding Fresno County’s IID requirements and the impact of a repeat DUI is essential for informed decision-making. We work with reputable IID installers local to the Fresno area, guide clients through license restrictions, and clearly explain the reporting and compliance process. For clients eligible for restricted licenses, our lawyers help you meet all court and DMV criteria to restore your ability to drive. We take pride in clear communication and proactive guidance so that those facing repeat DUI charges know every step of their obligations and their rights, helping them move forward with confidence.

Fresno DUI Attorneys Who Minimize the Impact of Your Criminal Charges

The defense strategies in DUI cases are as varied as the arrests themselves.

In Fresno County, our team adapts your DUI defense to match the unique circumstances of your arrest and any prior history on your record. The courts in Fresno, Clovis, and Visalia may apply different sentencing or probation terms based on your personal background and arrest details. Our drunk driving lawyers in Fresno bring experience and insight into how Fresno County Superior Court judges and prosecutors interpret the law, allowing us to prepare strong, locally-informed defenses that can often result in better outcomes. Whether your DUI charge involves alcohol, prescription drugs, or claims of test refusal, our understanding of both local and state rules means your case is thoroughly evaluated and defended.

Each defense strategy is shaped by important factors, including:

• Whether other witnesses were present
• Whether it involved an accident
• Whether anyone was hurt
• Other circumstances specific to the arrest

When you are accused of a crime, our Fresno criminal defense lawyers meticulously review every aspect of your arrest and dig deeper than just the police report, uncovering every possible avenue for defense. This diligent approach is especially important in DUI cases, where our primary goal is to minimize how such a charge affects your life and future opportunities.

Accuracy of Breathalyzer Tests

If you have been charged with drunk driving in Fresno, California, you likely underwent a breath test. Police officers across Fresno County frequently use breathalyzers to estimate an individual's level of intoxication, but these tests are not foolproof and can be successfully challenged.

But Is the Breathalyzer Test Accurate?

The answer is more nuanced than it may initially appear.

Breathalyzer and similar tests do not directly measure a person’s blood alcohol content (BAC) but instead provide an estimate based on the amount of alcohol detected on the breath. This method leaves room for a variety of factors to introduce error.

A number of conditions can skew Breathalyzer results, including:

• Medications: Prescription and over-the-counter medications can interfere with test accuracy.
• Other substances: Consuming products such as mouthwash or breath spray may result in artificially high readings due to their alcohol content.
• Medical conditions: Certain medical issues, such as GERD or even burping during the test, can affect results. Specific diets can also impact readings.
• Errors in administration of test: Improper execution by law enforcement or equipment malfunction is not uncommon and can lead to false BAC results.

If you failed a Breathalyzer and now face drunk driving charges in Fresno, don’t assume your conviction is inevitable. The drunk driving lawyers at Schweitzer & Davidian have substantial experience in scrutinizing the validity and administration of BAC tests and can identify grounds for challenging inaccurate or unfair results.

Remember, our Fresno DUI attorney is here for you! Contact our firm online or call (559) 206-2322 to review your legal options today!

How a DUI Case Can Impact Your Life

A DUI can result in life-altering consequences across many areas, making it crucial to understand the potential impacts. If you are facing charges, consider the following:

• Legal consequences: A DUI conviction may bring heavy fines, license suspension, completion of DUI school, or even jail time. Repeat incidents typically trigger increased penalties.
• Driving privileges: Arrest for DUI triggers an administrative DMV license suspension, severely disrupting your ability to travel for work or personal obligations throughout Fresno and the Central Valley.
• Employment impact: Many jobs—including those in healthcare, logistics, or public safety—demand a clean driving record. A conviction in Fresno could mean disqualification from certain roles or difficulty securing future employment.
• Financial strain: Legal fees, fines, elevated insurance rates, and mandatory programs associated with a DUI rapidly add up, affecting your family’s finances now and in the future.
• Personal relationships: The stigma of a DUI conviction can put stress on family and community relationships, impacting trust and emotional well-being.
• Professional licensing: Professions requiring licensing—such as transportation or healthcare—may be put at risk by a DUI on your record, especially under local Fresno employer policies.

In Fresno County and throughout the Central Valley, the effects of a DUI can extend for years, especially on your ability to find work or maintain a professional license. The court may require you to install an ignition interlock device and file an SR-22 with the DMV, which further increases costs. At Schweitzer & Davidian, our experienced DUI attorneys in Fresno provide guidance and advocacy to lessen these impacts and help you move forward.

Navigating DUI charges requires skilled legal representation to minimize or mitigate these potential damages. Working with an experienced DUI lawyer in Fresno gives you a strong foundation for building an effective defense and restoring stability to all facets of your life.

Understanding the DUI Process: What to Expect

Navigating the legal system after a DUI charge in Fresno can feel overwhelming. At Schweitzer & Davidian, we believe that informed clients make the best decisions. Here’s an overview of what to expect during the DUI process in Fresno County:

• Initial arrest: After your arrest, you are usually transported to a police station, where your personal information is collected and you may be asked to undergo chemical testing.
• Arraignment: Within several days, you will be scheduled for your arraignment in Fresno County Superior Court. You will be formally charged and asked to enter a plea.
• Pre-trial motions: Your DUI lawyer in Fresno may file motions to suppress evidence or challenge the legality of the traffic stop or the DUI arrest procedures.
• Trial: If your case proceeds to trial, both sides will present their arguments and evidence. A judge or jury will determine the outcome.
• Sentencing: If convicted, the court will determine your penalties, which may include fines, mandated classes, community service, probation, or incarceration, depending on the circumstances.

It’s vital to know that in Fresno County, you must request a DMV administrative hearing within 10 days of arrest to challenge your license suspension. These hearings are distinct from your criminal case but have a direct impact on your driving privileges in Fresno and surrounding areas. Our DUI attorneys in Fresno walk you through every step—from scheduling hearings to preparing testimony—so you have the best possible chance of retaining your license.

Each stage of the DUI process may significantly impact both your future and your family. Working with an experienced drunk driving attorney in Fresno ensures you are fully informed, well prepared, and confident that your rights are protected. Our team at Schweitzer & Davidian offers personalized support, transparent communication, and strong legal advocacy to defend your interests every step of the way.

Frequently Asked Questions

What Steps Should I Take Immediately After a DUI Arrest in Fresno?

If you have been arrested for DUI in Fresno, your first priority should be to protect your legal rights and your driving privileges. Record the time and place of your arrest, keep all documents provided by the police—like your citation and temporary license—and request a DMV hearing within 10 days. Failing to act quickly could mean losing your driver’s license automatically. Contact a DUI attorney in Fresno who is familiar with local court procedures and DMV hearings. Avoid making statements to law enforcement or posting about your situation on social media, as these could harm your defense. At Schweitzer & Davidian, we help clients in Fresno from the earliest stage of the process, providing careful guidance and support to ensure all their immediate needs are addressed.

Can I Refuse a Breath or Blood Test in Fresno?

California’s implied consent law means that drivers, by driving, agree to chemical testing if lawfully arrested on suspicion of DUI. Refusing a breath or blood test in Fresno generally results in automatic license suspension for one year, regardless of the criminal case outcome. The refusal is considered an aggravating factor and can be used by prosecutors to argue that you had something to hide. However, if police did not properly inform you of the consequences or follow Fresno County procedures, your drunk driving lawyer in Fresno may be able to challenge the refusal in court or before the DMV. At Schweitzer & Davidian, we scrutinize every procedural detail to increase your chances of reducing the consequences of a refusal.

Will a DUI Conviction Stay on My Record Forever in Fresno, CA?

In California, including Fresno County, a DUI conviction can remain on your criminal record indefinitely unless you petition for expungement after completing probation and fulfilling all court orders. However, the DMV uses DUI convictions for ten years to determine penalties for future offenses. While the conviction may stop counting toward enhanced penalties after ten years, the record itself does not disappear without successful legal action. An expungement may help when applying for jobs by showing a dismissal in background checks, but it may still be found in some records. Our DUI attorneys in Fresno evaluate your eligibility for expungement and guide you through the paperwork, making every effort to reduce the long-term consequences for your future.

How Can a DUI Attorney in Fresno Help You?

Hiring a DUI attorney in Fresno is a crucial step toward safeguarding your rights and interests after a DUI arrest. These legal professionals are highly experienced in DUI law and understand the complexities of Fresno County DUI cases, including the procedures for both criminal court and DMV hearings. They can navigate the local legal system, challenge questionable evidence, negotiate with prosecutors, and provide a well-prepared defense for every client.

Our Fresno DUI lawyers offer a comprehensive range of services, including the following:

• Evaluating the case: We thoroughly review the facts and circumstances of your arrest, identifying weaknesses or errors made by law enforcement.
• Representation in court: Our attorneys advocate for you in court hearings, vigorously protecting your rights and working for the most favorable outcome.
• Challenging evidence: We can challenge the validity of chemical test results, field sobriety tests, and any procedural errors to weaken the prosecution’s case.
• Negotiating plea deals: If beneficial, our DUI lawyers negotiate with prosecutors to seek reduced charges or penalties.
• Guidance through the legal process: We explain every detail of the process, ensuring you understand your options and possible outcomes.
• License reinstatement: Our team provides guidance and assistance with all paperwork and steps necessary to regain your driving privileges following a DUI-related suspension in Fresno County.
• Expunging convictions: We can help with expungement of DUI convictions, so you can minimize the long-term impact on your record.

Remember, a DUI arrest does not automatically lead to a conviction. Working with an experienced drunk driving attorney in Fresno can make a significant difference in securing a favorable resolution for your case.

DUI Lawyer in Fresno

Timing is critically important in DUI cases. It is essential to contact our team of DUI attorneys in Fresno as soon as possible after your arrest. We are responsive and available to meet you at your convenience throughout Fresno County to provide the aggressive criminal defense representation that you need.