DUI

Insight & Initiative in Criminal Cases

Fresno DUI Lawyer

Proven DUI Defense Strategies

If you were arrested for a failed breathalyzer test, blood test, or any standard field sobriety test, you might still have a means of defense. Contact Sawl Law Group and speak to our Fresno DUI attorney. When police officers administer field sobriety tests, there are specific procedures that they must follow. Should they provide false information, skip a step, or abuse you during the investigation or arrest process, you may be able to fight your charges on the grounds of police misconduct.

As for breath and blood tests, your test results could be faulty. Breathalyzer machines are very delicate and should be calibrated properly before every use. Otherwise, the results could be false, and a wrongful arrest could occur. Be sure to provide all information about your breath test to your Fresno DUI lawyer to find out if you could dispute the results and your arrest.

Get started on your DUI defense today! Contactour Fresno DUI attorneys at (559) 205-7757.

Often, an arresting officer will observe your behavior while making their decision. Did they take enough time to assess you? Your Fresno DUI attorney should bring this up in court and ensure the police officer did not come to an inappropriate judgment. They may also have mistaken signs of anxiety or nervousness as signs of someone under the influence. 

If you experience anxiety when interacting with police officers, you may stumble over your words or seem agitated. You may have trouble balancing or fail to follow all of the directions. While an officer may suspect that this is because you are intoxicated, you may actually be innocent. You could have alcohol on your breath from one drink, but an officer may confuse that with being intoxicated. Allergies are another factor for some individuals. Allergies can cause your eyes to be red and watery, which may also be confused with drunkenness. 

Additionally, just because someone makes a mistake on the road does not mean they did so due to being under the influence of drugs or alcohol. It could just be a mistake that many other sober drivers make daily. When an officer pulls you over, there are specific protocols that they must follow. A Fresno DUI attorney should evaluate the circumstances of your arrest to ensure that the arresting officer followed proper procedures and did not violate your rights.

An officer can only stop you if they have reasonable suspicion that you are committing a crime or if you are at a DUI checkpoint where other drivers are being inspected. Our Fresno DUI defense lawyer effectively fights charges where the defendant is innocent or has been penalized too harshly. 

California DUI Penalties

If you are charged with a first-time DUI offense, the penalties may include:

  • Fines up to $1,000,
  • Six months in jail
  • Immediate license suspension, the need to
  • Complete a DUI program,
  • Installation of an ignition interlock device and an SR-22 filing

A first offense will typically be a misdemeanor unless other factors are present in the case. For each additional conviction, the penalties will continue to increase. A DUI conviction will also leave a mark on your permanent criminal record. For a commercial driver, the penalties can differ. Refusing a chemical test can also leave you with additional penalties that will be automatic even if you are innocent.

When Can a Legal DUI Arrest Be Made?

In California, operating a motor vehicle after consuming alcohol is illegal. However, an arrest can only occur if there is sufficient evidence to prove that the suspect was legally intoxicated at the time of the arrest. A police officer may determine intoxication using the Standard Fields Sobriety Test to judge the person’s motor skills and concentration. Another option is to have the suspect take a breathalyzer test to determine their blood alcohol content. A legal arrest can be made if the test result is .08% blood alcohol level or higher.

Field Sobriety Tests

The Standardized Field Sobriety Test consists of three individual tests:

  • Horizontal Gaze Nystagmus (HGN) test - For this, the officer will observe the eyes of the person in question as they slowly move a pen or small object back and forth to look for indicators in each eye that the person is impaired.
  • Walk-and-turn test - In this test, the officer instructs the person to take nine steps, touching heel-to-toe in a straight line, and then return. The officer looks for signs that the person is impaired, such as the inability to keep their balance or not following the instructions properly.
  • One-leg stand test - The officer instructs the person to stand with one foot off the ground and hold it for about 30 seconds or until told to put it down. The officer looks for signs of impairment such as swaying, hopping, or using their arms to balance.

Reach out to our Fresno DUI lawyer at 559-205-7757to get started on your free consultation today.

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