DUI Serving Families Throughout Fresno & The Surrounding Areas

DUI Lawyer in Fresno

Evidence-Focused Defense for DUI Charges in Fresno County

If you were arrested after a breath test, blood test, or standardized field sobriety test, the charge may still be challenged. You can use our Contact page to reach Sawl Law Group, Inc. and speak with our Fresno DUI attorney. We investigate the stop, testing procedures, officer observations, arrest records, and other available evidence before developing a personalized legal strategy.

Breath and blood results aren’t evaluated in isolation. Equipment records, testing procedures, sample collection, laboratory handling, timing, residual mouth alcohol, gastroesophageal reflux disease, and dental work may be relevant depending on the evidence. These factors don’t automatically invalidate a result, but our DUI defense attorney can determine whether they support a challenge to the prosecution’s case.

A DUI arrest can start two separate proceedings: a criminal case and a California DMV administrative action involving your driving privilege. The DMV states that a request for an administrative hearing may need to be made within 10 days of the arrest or suspension order. Addressing a court date doesn’t replace attention to that separate deadline.

Our firm brings more than 40 years of combined legal experience to criminal defense matters. We gather evidence, anticipate the prosecution’s next move, negotiate when appropriate, and prepare each case around the client’s circumstances. Our phone is answered 24/7, and Attorney Martin Taleisnik speaks Spanish.

Have you been arrested for a DUI? Call Sawl Law Group, Inc. today at (559) 205-7757 or contact us online to schedule a consultation with our Fresno DUI attorney.

DUI Police Report Errors & Traffic-Stop Evidence

An arresting officer may rely on driving behavior, speech, balance, eye appearance, odor, and responses to instructions. Did the officer take enough time to assess what happened, and does the report match available video, witness accounts, dispatch records, and the timing of events? Our review tests the written account against the complete evidence rather than assuming every observation proves impairment.

Anxiety and nervousness can affect speech, balance, and the ability to follow directions. Allergies may cause red or watery eyes, while diabetes, neurological disorders, fatigue, physical limitations, and environmental conditions may affect how a person appears during an investigation. Their relevance depends on medical information, video, test administration, and the other facts of the case.

A driving mistake also doesn’t necessarily establish that someone was under the influence of drugs or alcohol. Reasonable suspicion means an officer needs a legally sufficient, fact-specific basis for a traffic stop, although different rules apply at lawful DUI checkpoints. We examine the stated reason for the stop, the detention, the officer’s observations, the arrest decision, and how evidence was collected.

A police-report error or medical explanation doesn’t guarantee dismissal or reduction. It can, however, affect the weight or admissibility of evidence when supported by the record. Our Fresno DUI defense lawyer develops arguments from the facts that can be documented and presented in court.

Drug DUI Charges in Fresno

Driving under the influence of drugs, sometimes called DUID, presents different evidentiary questions from an alcohol-based charge. Law enforcement may rely on driving behavior, officer observations, field sobriety testing, toxicology results, and an evaluation by a Drug Recognition Expert, an officer trained to document signs associated with categories of drugs.

Drug-only cases don’t use the same 0.08 percent per se framework that applies to adult alcohol DUI allegations. The presence of a drug in a biological sample and proof that the drug impaired someone while driving are separate issues. Timing, dosage information, lawful prescriptions, laboratory procedures, the officer’s conclusions, and surrounding behavior may all require case-specific analysis.

We examine whether law enforcement followed applicable procedures and whether the conclusions in the report are supported by the testing and other evidence. From there, we build a strategy tailored to the specific substance alleged, the circumstances of the stop, and the prosecution’s evidence.

Juvenile & Underage DUI Charges

California applies additional alcohol-related rules to drivers under 21, including zero-tolerance provisions involving very low blood alcohol concentration results. Depending on the driver’s age and the allegations, a case may involve criminal proceedings, juvenile proceedings, or a separate California DMV action. License consequences can also differ from those imposed on drivers who are 21 or older.

The California DMV states that under its Zero Tolerance Law, a driver under 21 who drives with a blood alcohol concentration of 0.01 percent or higher may face a one-year license suspension, separate from any criminal conviction. The potential consequences should be evaluated using the driver’s age, test result, prior record, stop, arrest, and testing evidence rather than a one-size-fits-all assumption.

At Sawl Law Group, Inc., we understand that a charge may raise concerns about driving, education, employment, and a young person’s record. We provide personalized legal strategies focused on protecting the client’s rights throughout the legal process and helping the family understand each available decision.

Potential California DUI Penalties

California DUI consequences depend on the charge, prior DUI-related convictions, blood alcohol concentration evidence, injury allegations, chemical-test refusal, age, and commercial-driver status. Criminal penalties are separate from California DMV administrative actions involving the driving privilege.

Possible consequences of a first DUI conviction include:

Fines and court assessments.
Up to six months in county jail.
Probation and court-ordered conditions.
Completion of an approved DUI program.
License suspension or restrictions.
Installation of an ignition interlock device.
Proof of financial responsibility, commonly filed through an SR-22 form.

A first offense is generally charged as a misdemeanor unless aggravating circumstances support a different charge. A conviction can appear on a criminal record, while the California DMV states that a DUI conviction remains on a driver’s record for 10 years. Reinstatement or restriction may require a DUI program, proof of financial responsibility, fees, and potentially an ignition interlock device.

repeat offenders may face increased jail exposure, longer programs, stricter license consequences, and other enhanced penalties when prior convictions fall within California’s applicable lookback period. Commercial drivers and drivers accused of refusing a post-arrest chemical test can face additional consequences. We evaluate the complete record and any available negotiated, litigated, or alternative-sentencing options without predicting a particular outcome.

When California Police Can Make a DUI Arrest

A DUI arrest requires probable cause, meaning facts that would lead an officer to reasonably believe an offense occurred. Before the arrest, a traffic stop generally requires reasonable suspicion unless the contact occurs through a lawful checkpoint or another recognized exception. The legality of the stop, detention, arrest, and evidence collection depends on the specific circumstances and applicable California law.

Officers may rely on driving behavior, statements, odor, physical observations, standardized field sobriety tests, breath testing, witness accounts, or video. An arrest can occur based on alleged impairment even when a measured blood alcohol concentration is below 0.08 percent or no measurement is available. An arrest isn’t a conviction, and the prosecution must still prove the charge under the applicable legal standard.

The California DMV administrative process is also distinct from the criminal case. A DMV hearing addresses the driving privilege and doesn’t decide criminal guilt or innocence. Our drunk driving attorney reviews both tracks so deadlines and court obligations aren’t mistakenly treated as the same proceeding.

California Blood Alcohol Concentration Limits

For most drivers age 21 or older, California’s per se blood alcohol concentration threshold is 0.08 percent. Per se means the measured concentration itself can support a charge without separate proof that the driver’s abilities were visibly impaired. A person may still be arrested or convicted based on other evidence of impairment when the result is below that threshold.

California applies a 0.04 percent threshold to drivers operating commercial vehicles and additional zero-tolerance rules to drivers under 21. These standards aren’t interchangeable, and the applicable rule depends on the driver, vehicle, age, and alleged conduct.

A blood alcohol concentration result is one part of the evidence. Body weight, metabolism, food intake, drinking timeline, collection timing, equipment records, testing procedures, and laboratory handling may affect how a breath or blood result is interpreted. Our DUI lawyer compares the reported number with the surrounding evidence rather than assuming the result answers every question in the case.

Standardized Field Sobriety Tests

Standardized field sobriety tests are roadside observations used during a DUI investigation. They don’t identify every possible reason for balance, coordination, eye movement, or instruction-following difficulties.

The three standardized field sobriety tests are:

Horizontal Gaze Nystagmus Test: The officer moves a stimulus from side to side while watching the eyes for specific involuntary movements.
Walk-and-Turn Test: The officer instructs the person to take nine heel-to-toe steps along a line, turn, and return while observing balance and compliance with instructions.
One-Leg Stand Test: The officer directs the person to raise one foot and hold the position while watching for swaying, hopping, lowering the foot, or using the arms for balance.

Instructions, surface conditions, lighting, footwear, weather, stress, fatigue, physical limitations, balance disorders, and medical conditions may affect performance. These factors don’t automatically make a test invalid. We compare the officer’s written description with available video and the driver’s documented physical circumstances to determine how the observations should be addressed.

The Fresno DUI Court & DMV Process

A Fresno DUI case can move along separate criminal-court and California DMV tracks. The Superior Court of California, County of Fresno handles the criminal case, while the DMV independently addresses administrative action against the driving privilege. A court appearance doesn’t preserve the right to a DMV hearing.

The California DMV states that a person may request an administrative hearing within 10 days of the arrest or receipt of the suspension order. Because the deadline is short and its application depends on the notice provided, preserve the temporary license, suspension order, test paperwork, citation, release documents, videos, photographs, and any information about witnesses for attorney review.

The criminal case may involve these stages:

Arraignment: The court states the charges, receives a plea, and addresses initial scheduling or release conditions.
Evidence Review: Our legal team gathers and analyzes reports, recordings, test records, witness information, and other available material.
Pretrial Motions: The defense may challenge evidence, procedures, or legal issues supported by the facts.
Negotiations: The defense and prosecution may discuss a potential resolution based on the charge, evidence, and record.
Trial: If no resolution is reached, the prosecution presents its case and the defense contests the allegations in court.
Sentencing: If there is a conviction, the court determines penalties and conditions under California law.

Not every case follows the same sequence or reaches every stage. At Sawl Law Group, Inc., we investigate the evidence, explain the available decisions, negotiate when appropriate, and prepare a personalized strategy for the criminal and administrative issues presented.

Frequently Asked Questions

What Are My Rights During a Fresno DUI Stop?

You can remain silent rather than answer potentially incriminating questions. Preliminary alcohol screening and field sobriety testing are different from post-arrest chemical testing under California’s implied-consent rules. Refusing a post-arrest breath or blood test can trigger separate consequences. Because the rules depend on age, arrest status, and other facts, request case-specific legal advice before drawing conclusions about a refusal.

How Long Does a DUI Stay on My Driving Record?

The California DMV states that a DUI conviction remains on a driver’s record for 10 years. During that period, it may affect how later DUI allegations are treated and may have insurance or licensing consequences. Criminal-court penalties, DMV actions, and insurance decisions are separate matters, so the effect depends on the conviction, driving history, and applicable requirements.

Can I Expunge a Fresno DUI Conviction?

Some California DUI convictions may qualify for expungement or other post-conviction relief. Eligibility depends on the conviction, completion of probation, subsequent record, and current California law. Relief from the criminal conviction doesn’t automatically remove the DUI from DMV records or eliminate insurance consequences. Our attorneys can evaluate the record and explain which options may be available.

Additional reading:

Build a Case-Specific DUI Defense

If you are facing DUI charges in Fresno, contact our legal team as soon as possible. We can review the arrest paperwork, identify court and DMV deadlines, and explain how the alleged testing, prior record, and surrounding evidence may affect your options.

Our firm has more than 40 years of combined experience, provides personalized criminal defense representation, and answers its phone 24/7. Attorney Martin Taleisnik also provides Spanish-language service.

Call (559) 205-7757 or Contact Sawl Law Group, Inc. today to speak with our DUI lawyer in Fresno.

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"They were able to lower my DUI to a much lesser charge of “Wet Reckless” saving me thousands of dollars, and time. So thank you Sawl Law Group, Claudia, and Michelle."
I just wanted to say a few things about Sawl Law Group. I had never needed to hire an attorney before, so I didn’t know what I was doing, or what to expect. When i had just been charged with a DUI; I had a pile of law offices to choose from. The first one that stood out was Sawl Law Group. They were very professional, and welcoming. Claudia made a long drive, just to meet with me face to face, and have a short conversation about my case, and my options. She made me feel confident that I could do much better than I had hoped. Claudia paired me up with Michelle, the attorney that would then, represent me. She took care of all my court dates (after signing a document of course) which was especially helpful with my crazy work schedule. Not only that, but they were able to lower my DUI to a much lesser charge of “Wet Reckless” saving me thousands of dollars, and time. So thank you Sawl Law Group, Claudia, and Michelle. And to anyone else who finds themselves in a bind; I definitely recommend starting here!

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This is by far the most experienced and professional team of lawyers I've had the pleasure of working with. The staff was amazing, polite and very attentive to all my questions and needs regarding my case. Mr. Taleisnik was very reassuring regarding the best possible outcome for my case. While preparing my case I was kept well informed and was consistently and accurately updated with any new information. Had it not been for Sawl Law Group, I would not have been as far as I am today in my military carrier. I highly recommend this professional and well experienced team of attorney's.

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Just wanted to thank the Sawl Law group for a job well done. Corina did a great job and was very helpful. Corina explained the procedure in great detail. She always kept me well informed and always made herself available to me via phone, email and in person. I would highly recommend the Sawl Law group to family and friends if they were ever in need of their services.
Thanks again for all your help and hard work!

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I retained the office to help me with some very serious charges that would hurt my career and long time goals. I was wrongfully accused of taking materials from a job site. I did not take them, this law office help prove my innocence. They helped me find an investigator for my case. The staff was always ready to help me and willing to go the extra step when I had questions. The Attorney later was able to get my case dismissed. I will forever be grateful to this office who helped me. I recommend Sawl Law Group if you want someone fighting for you.

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"Martin was the perfect person to work on helping me get through my DUI."
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