Aggravated DUI Serving Families Throughout Fresno & The Surrounding Areas

Aggravated DUI Attorney in Fresno

40+ Years of Combined Experience. Felony DUI Defense Built Around Your Case.

California law doesn’t use the phrase “aggravated DUI” as a standalone statute. The term describes a DUI charge elevated to felony level by one or more aggravating factors, and the consequences are in a different category entirely from a standard misdemeanor DUI. A conviction can mean state prison, a permanent felony record, and years of collateral damage to your career, housing, and professional licenses. If you’re facing that situation in Fresno, the window to act is narrow. Our team at Sawl Law Group, Inc. answers calls 24/7, offers free consultations, and brings over 40 years of combined experience in criminal defense to every case we handle.

An aggravated DUI arrest demands an immediate response. Call us at (559) 205-7757 to speak with a member of our criminal defense team today, at no cost to you.

What Makes a DUI “Aggravated” Under California Law

Several circumstances can elevate a DUI charge to felony status. Even a first-time offender with no prior record can face felony prosecution when these factors are present.

Aggravating factors recognized by California law include:

A blood alcohol concentration (BAC) of 0.15% or higher
A minor passenger under age 14 in the vehicle
Causing bodily injury to another person, charged under Vehicle Code 23153
Causing death, which can be prosecuted as vehicular manslaughter or as second-degree murder under the Watson murder doctrine
A fourth or subsequent DUI within a 10-year period
A prior felony DUI conviction, which makes future DUI charges subject to felony prosecution regardless of circumstances
Driving on a suspended or revoked license at the time of the arrest
Excessive speed, defined as 20 mph or more over the limit on surface streets or 30 mph or more over on a freeway, while under the influence
Refusing chemical testing after a lawful arrest, which can add mandatory jail time and a longer suspension with no restricted license option

Penalties for a Felony DUI in California

The criminal penalties for an aggravated DUI conviction depend on which factors are present, but the baseline is severe. A standard felony DUI can carry 16 months to 4 years in state prison. When great bodily injury is involved, that range can extend to 16 years. Fines can reach $5,000 before penalty assessments are added, which may multiply the base amount several times over.

Beyond incarceration and fines, a conviction can bring driver’s license revocation for up to four years, mandatory ignition interlock device (IID) installation, enrollment in an 18- or 30-month DUI education program, a habitual traffic offender designation, and victim restitution. Sentencing enhancements can add mandatory time on top of the base sentence: each additional person injured can add up to one year, a minor passenger under 14 adds a minimum of 48 hours, and excessive speed adds 60 consecutive days.

The DMV consequences run on a separate track. Even if criminal charges are later reduced or dismissed, the administrative suspension may still apply. You have 10 days from the date of arrest to request a DMV Administrative Per Se hearing to contest that suspension. Missing that deadline can forfeit your right to contest it.

A felony conviction reaches well beyond the courtroom. Employment background checks, professional licensing boards, housing applications, and immigration status for non-citizens can all be affected by a felony DUI on your record.

How Sawl Law Group, Inc. Defends Aggravated DUI Cases in Fresno

We approach every aggravated DUI case the same way: thorough investigation first, then strategy. That means pulling police reports, reviewing BAC testing records, examining field sobriety documentation, and identifying every point where the prosecution’s case may be vulnerable. Felony DUI cases in Fresno County Superior Court are frequently resolved through plea negotiations, and identifying evidentiary weaknesses early can give us leverage when engaging the Fresno County District Attorney’s Office.

Our practice covers both criminal defense and personal injury, which matters when a DUI charge also involves an injured party. We’ve recovered tens of millions of dollars for injury clients across a wide range of cases, and that depth of litigation experience informs how we evaluate and defend complex criminal matters. Attorney Martin Taleisnik also serves Spanish-speaking clients. Serving Fresno and the surrounding area, our goal at every stage is to protect your rights, challenge the evidence against you, and work toward the best outcome the facts allow.

Talk to a Fresno Aggravated DUI Attorney Today

A felony DUI charge isn’t a situation where waiting to consult an attorney works in your favor. The earlier our team gets involved, the more options there may be to challenge the evidence, protect your license, and shape the direction of your case.

We offer free consultations and answer calls around the clock. If you or someone you know is facing an aggravated DUI charge in Fresno, contact Sawl Law Group, Inc. now at (559) 205-7757.

How an Aggravated DUI Case Moves Through the Fresno Court System

Knowing the procedural stages of a felony DUI case helps defendants understand what to expect and where defense work has the most impact.

Arrest & the 10-Day DMV Deadline

After a DUI arrest, the officer typically issues a temporary license and confiscates the physical driver’s license. From that date, you have 10 days to request a DMV Administrative Per Se hearing. This hearing is separate from criminal proceedings and is the only opportunity to contest automatic license suspension before it takes effect. Missing the deadline means the suspension proceeds without review.

Arraignment in Fresno County Superior Court

Felony arraignment timelines vary depending on whether the defendant is in custody. At arraignment, formal charges are presented and the defendant enters an initial plea. This is also when bail conditions are addressed. Having defense counsel present at this stage can affect bail arguments and sets the tone for how the case proceeds.

Pre-Trial Motions

Before trial, the defense can file motions to suppress evidence obtained through an unlawful stop, challenge the admissibility of BAC results, or contest other procedural violations. A successful suppression motion can significantly weaken the prosecution’s case and may create the conditions for a favorable plea negotiation.

Plea Negotiations or Trial

Most felony DUI cases are resolved before trial through plea agreements. If no agreement is reached, the case proceeds to a jury trial where the prosecution must prove every element of the charge beyond a reasonable doubt. A conviction may be appealed, though appeals must be filed within a specific time frame after sentencing.

Defense Strategies in California Felony DUI Cases

No two aggravated DUI cases are identical, and the strongest defenses are built around the specific facts of each arrest. Several categories of legal challenge, though, apply across many felony DUI cases.

Challenging BAC Evidence

Breathalyzer machines require regular calibration and maintenance. Blood samples must follow strict chain-of-custody protocols from collection through laboratory analysis. Errors in either area can make results inadmissible or unreliable enough to dispute at trial. Certain medical conditions, medications, and instances of mouth alcohol contamination can also produce falsely elevated BAC readings.

Contesting the Legality of the Stop

Law enforcement must have reasonable suspicion to initiate a traffic stop. If that threshold wasn’t met, evidence gathered during the stop, including BAC results, may be suppressible. We review the circumstances of every stop as a matter of course.

Disputing Aggravating Factors

The prosecution must prove each aggravating element beyond a reasonable doubt. Whether an injury meets the legal threshold for “serious bodily injury,” whether a minor was actually present and under age 14, or whether speed genuinely exceeded the statutory limit are all factual questions that can be contested. Successfully challenging a single aggravating factor can affect whether the charge remains a felony or may be reduced.

Field Sobriety Test Administration

Standardized field sobriety tests must be administered according to established National Highway Traffic Safety Administration protocols. Deviations from those procedures can undermine the officer’s assessment of impairment and the weight a jury gives that testimony.

Plea Negotiation to a Reduced Charge

When the evidence doesn’t support outright dismissal, negotiating a reduction from a felony to a misdemeanor, or to a lesser offense, may significantly limit the consequences a defendant faces. We evaluate the prosecution’s case carefully and use identifiable weaknesses as leverage in discussions with the Fresno County District Attorney’s Office.

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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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They took immediate ownership of the problem at hand. This problem had wrecked havoc on my life by draining my time and my finances. Sawl Law Group was affordable and handled the case so I wasn’t required to miss work and physically be present. I would highly recommend Sawl Law Group to friends, family and anyone who needs a tough lawyer to receive justice.

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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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"Right away you can see this is a very professional firm. They did everything they said they would, including working things out so I did not have to appear in court."
This was the first time I had needed to hire an attorney. I met with 7 different lawyers before I decided. Right away you can see this is a very professional firm. They did everything they said they would, including working things out so I did not have to appear in court. I am very pleased with the service and the way the case was handled. I would and do recommend them to my friends.

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Sawl Law Group allowed me to rest easy at night. I didn't have to follow up they were handling the matter so professionally. I would indeed go back to them if I had another issue. They were so kind and understanding.

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10/10 would recommend Martin, communication was always there, he was the perfect person to work on helping me get through my DUI.

- Google Reviews - C.D. Carter
"The Sawl Law Group really, really did an outstanding job for me. They were very invested in my interest to pursue a dismissal for some things I did as a young man."
The Sawl Law Group really, really did an outstanding job for me. They were very invested in my interest to pursue a dismissal for some things I did as a young man. We won the dismissal and my attorney Michelle did a great job and was really caring about my situation. I definitely recommend this group to anyone seeking legal representation!

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Over 40 Years of Combined Experience
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Attorney Taleisnik Speaks Spanish
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