DUI FAQ

What is DUI?

DUI stands for Driving Under the Influence – it is a crime to drive while under the influence of alcohol or drugs in the state of California. DUI can be a misdemeanor or felony offense, depending upon the circumstances surrounding the arrest.

What is the legal limit of intoxication for DUI in Fresno?

The legal limit of intoxication is a blood alcohol concentration (BAC) of .08% or less. If your BAC is over this limit, you are considered to be intoxicated for the purposes of a DUI arrest. However, if you are under the age of 21, California’s zero tolerance policy makes it illegal for you to drive with a BAC of .01%.

If I am pulled over for suspected DUI, do I have to submit to a breath or blood test?

Many people mistakenly assume that the refusal to take a breath or blood test carries no penalties. While you do have the right to refuse, if you choose not to take either test, you will automatically lose your license for at least one year. This loss of license cannot be appealed or waived and you will not be able to drive for any reason, not even to and from work. Please consult with a Fresno DUI Defense Lawyer to discuss your rights.

Will a judge decide if I lose my license due to a DUI charge?

No. Your license revocation is actually decided by an official of the DMV. If you are arrested for DUI in Fresno, you have only 10 days to contact the DMV and request a hearing. If you or your legal counsel fails to apply for a Stay of Suspension in that timeframe, you will lose any ability to appeal the loss of your license. Therefore, it is extremely important for you to seek out a qualified Fresno DUI attorney as soon as possible. A skilled Fresno DUI attorney will contact the DMV for you, and fight for you to retain your license. In many cases, your Fresno DUI attorney can appear at the DMV for you, allowing you to take care of family and work obligations.

Do I have to appear in court for my Fresno DUI charge?

Not necessarily. In many cases, your Fresno DUI lawyer can appear in court on your behalf. This allows you to save valuable time and embarrassment, while ensuring you receive the best defense for your Fresno DUI case possible. You should contact a skilled Fresno DUI attorney as soon as possible in order to begin working on your case – the longer you wait, the harder your case may be to win.

Can I lose my license if this is my first Fresno DUI charge?

Yes, it is possible to lose your license on a first time DUI charge in Fresno. Without an experienced Fresno DUI attorney to represent you, the chances of losing your license increases. There are several factors that an attorney will be able to consider in order to preserve your driving privileges. Having skill and experience on your side will help your chances of being able to continue driving – either with a normal license, or a provisional license that will allow you to travel to and from work.

Should I hire a Fresno DUI attorney for my DUI charge?

It is always important to hire a trained Fresno DUI lawyer for dealing with the unique laws and regulations in Fresno. A qualified Fresno DUI attorney will be familiar with the laws in his or her area, and will keep abreast of the latest information in the field of DUI. One of the biggest mistakes people make when facing a DUI charge is to think their case is un-winnable. Going it alone almost always ensures that you will have more severe penalties than you would face if represented by a skilled Fresno DUI attorney. Don’t waste the opportunity to minimize the embarrassment, stress, and disruption a DUI charge causes in your life and the life of your loved ones. Seek out a qualified Fresno DUI lawyer as soon as possible if you have been charged with DUI.