Fresno DUI Attorney

Defense for the Criminal Case & Separate DMV Action

A DUI arrest can start two separate proceedings: a criminal case in Fresno County Superior Court and a California DMV Administrative Per Se action against your driving privileges. Each has its own procedures, issues, and deadlines. Addressing one doesn’t automatically resolve the other.

At Schweitzer & Davidian, our Fresno DUI attorneys defend allegations involving alcohol, prescription medications, and other drugs. We review the traffic stop, field sobriety testing, chemical testing, toxicology evidence, arrest procedures, and law-enforcement conduct to identify the legal and factual issues that can shape the defense.

The early stages matter because video, witness information, testing records, and other evidence may need to be preserved. We also examine the citation, temporary license, suspension or revocation order, and court paperwork so the criminal and administrative proceedings can be tracked separately.

Call today to discuss the arrest, court case, and DMV action, or contact our office online.

DUI Evidence Review for Alcohol & Drug Allegations

Alcohol-related DUI allegations often depend on the science and procedures used to test for blood alcohol concentration. Drug-related driving charges may instead depend on toxicology findings, officer observations, statements, and evidence about whether a substance affected the person’s ability to drive.

Our attorneys review arrest details, field sobriety testing, toxicology information, chemical test procedures, and law-enforcement conduct. Depending on the evidence, that review may address the reason for the stop, probable cause for the arrest, required advisements, testing protocols, result interpretation, and the handling or preservation of samples.

We can evaluate whether negotiation, DUI defense motions, an evidentiary hearing, or trial representation is appropriate based on the charge, available evidence, prior history, and the client’s goals.

Direct Communication & Trial-Ready Representation

Schweitzer & Davidian was founded by Eric Schweitzer and Annie Davidian, who have nearly three decades of combined trial experience defending clients against state and federal prosecutors. That background supports a case-specific approach rather than a predetermined strategy for every driving under the influence allegation.

We keep clients informed and include them in important decisions throughout the case. Before accepting a case, we consider whether it presents a fair chance of pursuing a favorable result. When trial is the appropriate course, we prepare to present the defense in court rather than treating every case as one that must end through a plea.

DMV Hearings & License Suspension in Fresno

The California DMV Administrative Per Se process is separate from the criminal DUI case. It concerns the administrative action against your driving privilege, while the court case addresses the criminal charge. A result in one proceeding doesn’t necessarily produce the same result in the other.

The California DMV states that a hearing may be requested within 10 days of receiving the suspension or revocation order. This isn’t categorically 10 days from the arrest, so the date and instructions on the order should be reviewed promptly. Missing the applicable request period can limit the opportunity to contest the administrative action.

Depending on the circumstances, a DMV hearing may consider whether the officer had reasonable cause, whether the arrest was lawful, whether testing showed a qualifying blood alcohol concentration, or whether a chemical test was refused after the required advisement. Consequences can vary based on test results, refusal allegations, age, prior offenses, DUI probation status, and other facts.

We assist clients with both DUI criminal cases and DMV-related driving privilege issues in Fresno County, including Clovis and Visalia. Our work may include reviewing the suspension paperwork, evaluating the evidence relevant to the DMV issues, preparing for the hearing, and explaining how administrative restrictions differ from criminal court orders.

California DUI Penalties & Aggravating Circumstances

California prohibits driving with a blood alcohol concentration of .08 percent or higher in circumstances covered by the applicable statute. A DUI charge may also be based on alleged impairment, including allegations involving drugs, even when the case doesn’t depend on a .08 percent result.

If you face DUI charges, potential consequences can include fines, probation, alcohol or drug education, license suspension or revocation, an ignition interlock requirement, community service, and incarceration. The actual exposure depends on the filed charge, prior DUI-related convictions, alleged blood alcohol concentration, test refusal, injury allegations, and applicable court orders.

First DUI Allegations

A first DUI allegation can affect driving privileges, finances, insurance, employment, and personal responsibilities. If there’s a conviction, possible consequences may include:

• License suspension or restrictions
• Financial penalties and assessments
• Alcohol or drug education
• Probation and other court-ordered conditions
• Possible incarceration based on the charge and circumstances

Repeat, Injury & Felony Allegations

Prior DUI-related convictions can increase potential penalties and affect license restrictions, required programs, probation conditions, fines, and incarceration. Cases involving alleged injury, specified prior convictions, or other aggravating facts may be filed or sentenced differently from a first misdemeanor allegation.

Factors that may shape the defense include:

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

Repeat DUI Cases & Ignition Interlock Devices

Repeat DUI allegations require careful review of the prior history as well as the current charge. The dates and nature of prior convictions, alleged conduct, test results, refusal issues, and court findings can all affect the possible criminal and DMV consequences.

Ignition interlock requirements and restricted-license eligibility aren’t identical in every repeat case. They depend on the applicable offense history, DMV rules, court orders, and compliance with required conditions. We help clients understand the separate obligations that may come from the criminal court and the DMV, including steps related to restoring driving privileges when legally available.

Breath, Blood & Toxicology Evidence

Breathalyzer and similar tests don’t directly measure a person’s blood alcohol concentration. They estimate it from alcohol detected in the breath. Blood testing involves different collection, preservation, laboratory, and interpretation issues.

Chemical-test review may involve the type of test, timing, collection procedures, instrument maintenance records, sample preservation, reporting, and the relationship between the result and the time of driving. Potential disputes can involve instrument function, mouth alcohol, physiological factors, contamination, operator conduct, or laboratory procedures.

Issues that may require closer review include:

• Testing procedure: Whether the breath or blood sample was collected and handled according to applicable requirements.
• Instrument records: Whether maintenance, calibration, or performance records raise questions about a breath-test result.
• Medical factors: Whether a documented condition may be relevant to the administration or interpretation of testing.
• Timing: Whether the interval between driving and testing affects how the reported result should be interpreted.

Related allegations may involve letting a friend drive drunk. We evaluate the conduct and evidence tied to the charge rather than assuming that a test result or police report resolves every issue.

In DUI cases, our Fresno criminal defense lawyers review evidence beyond the police report.

Contact our firm online or call (559) 206-2322 to review your legal options today.

How a DUI Case Can Affect Daily Life

A DUI arrest, DMV action, criminal charge, and conviction aren’t interchangeable. Each can create different practical consequences, and the impact depends on the person’s work, license status, prior history, court orders, administrative action, and case outcome.

• Driving privileges: A DMV suspension or court-related restriction can affect transportation for work, school, medical appointments, and family obligations.
• Employment: Driving-dependent jobs and positions requiring background reviews may be affected by the charge, license action, or case result.
• Finances: Potential costs may include fines, assessments, insurance changes, required programs, transportation, and ignition interlock compliance when ordered.
• Professional licensing: Reporting obligations and licensing consequences vary by profession and governing agency.
• Family responsibilities: Court dates, transportation limits, and financial demands can interfere with caregiving and household obligations.

We focus on minimizing the impact of criminal charges on our clients’ rights, freedom, and future opportunities. That includes identifying immediate concerns and explaining which consequences arise from the DMV, the criminal court, an employer, or a professional licensing body.

The Fresno County DUI Court Process

A criminal DUI case may move through arraignment, discovery review, negotiations, pretrial motions, evidentiary hearings, trial, and sentencing. The timing and sequence depend on the charge, custody status, court orders, procedural developments, and whether the case resolves before trial.

• Arraignment: The court states the charge, addresses the plea, and sets future proceedings.
• Discovery: The parties exchange and review police reports, video, test records, witness information, and other evidence.
• Negotiations: The defense and prosecution may discuss a possible resolution, but the appropriate response depends on the evidence and the client’s decisions.
• Motions and hearings: The defense may raise issues involving the stop, arrest, search, chemical testing, statements, or other evidence.
• Trial and sentencing: If the case proceeds to trial, the prosecution must prove the charge. Sentencing occurs only after a conviction or plea.

The Fresno County Superior Court criminal proceeding must be tracked separately from the DMV hearing. The court addresses the criminal allegation, while the DMV determines the administrative action involving driving privileges.

Steps to Take After a Fresno DUI Arrest

Start by preserving every document provided by law enforcement or the DMV. Don’t post about the incident or discuss the facts publicly while the case is pending.

Keep the following information available for your consultation:

• The citation and release paperwork
• The temporary license and suspension or revocation order
• Notices showing court dates or DMV instructions
• Breath, blood, or refusal-related paperwork
• Names and contact information for witnesses
• Details about possible video or other evidence

Identify the hearing deadline stated in the DMV paperwork and seek guidance promptly. During a consultation, we can review the allegations, upcoming dates, driving privilege concerns, and available legal options. Timing is important in DUI cases, and we can provide the aggressive criminal defense representation for the criminal court proceedings.

Discuss Your DUI Case & DMV Concerns

A consultation gives you an opportunity to discuss the arrest, testing evidence, upcoming court dates, DMV paperwork, and available defense options. We provide direct communication and involve clients in important decisions as the case develops.

We serve people facing DUI allegations throughout Fresno County, including clients connected with Fresno, Clovis, and Visalia. No attorney can promise dismissal, reduced charges, or license retention, but prompt review can clarify the deadlines and decisions ahead.