Fresno DUI Defense Attorney
DUI Defense Representation in Fresno County and Madera County
When you are charged with driving under the influence of drugs or alcohol (DUI), you need a strong legal defense. A DUI conviction can lead to severe, life-altering penalties, even if you are a first-time offender and no one was hurt.
At The Law Office of Martin H. Gamulin, we can offer the personalized defense representation you need and deserve when facing DUI charges. Our Fresno DUI defense lawyer has the experience and proven track record of success needed to effectively protect your interests and help you navigate each stage of the legal process. We can carefully investigate the circumstances of your traffic stop and arrest to potentially identify procedural irregularities that we can then leverage as part of your defense. No matter the complexity of the case, we will work diligently to protect your rights, aiming to reduce or dismiss the charges and minimize their impact on your future.
Do not wait to get legal advice if you were arrested for DUI. Call (559) 934-5405 or contact us online to discuss your defense options today.
What to Do When Pulled Over for Suspected DUI in California
If you are pulled over under the suspicion of DUI, it is crucial to understand and remember your rights so you can take steps to protect yourself before and after the traffic stop. First and foremost, remain calm and courteous when interacting with the law enforcement officers. Getting confrontational can escalate the situation and work against you.
Provide your identification, vehicle registration, and proof of insurance when asked, but remember that you have the right to remain silent beyond these basic requirements. Exercise this right to remain silent whenever possible. Avoid admitting to drinking (even if you feel confident you are below the legal limit) or answering potentially incriminating questions about your whereabouts or activities prior to driving.
Penalties for DUI
In California, you can be formally charged with DUI if there is evidence you drove with a BAC of .08% or higher or while under the influence of any kind of drug, including controlled substances, prescription drugs, or even over-the-counter medications. If you have a commercial driver’s license or are already on DUI probation, you can be charged if drive while your BAC is .04% or higher. If you are under the legal drinking age, you can be charged with DUI if you drive with any level of BAC.
Most DUI offenses will be charged as misdemeanors in California, but that does not mean the accompanying penalties are insignificant. DUI tends to become a felony – which can lead to even more severe punishments – if your driving injures someone, if this isn’t your first offense, or if you have three or more “wet reckless” convictions on your record in the last 10 years. “Wet reckless” is a term referring to a reckless driving charge that involves alcohol.
Penalties for DUI in California include:
DUI Defense Strategies
Each DUI case is unique, and your defense strategy should be customized to suit your specific circumstances. With so much at stake, you need a legal advocate who understands how to effectively defend you. We understand how these cases are adjudicated in California and will evaluate all aspects of your situation to determine the most effective legal approach. In some cases, we may be able to negotiate an acceptable plea deal, get the charges reduced, or even get them dismissed entirely. Our Fresno DUI defense lawyer is not afraid to go to trial, however, and will fight for you in court if necessary.
DUI defense strategies we may explore include:
- Questioning the Traffic Stop’s Legality. Law enforcement officers need probable cause to initiate a traffic stop. If it is determined that the stop was unjustified, any evidence gathered as a result can potentially be thrown out, weakening the prosecution's case.
- Challenging Field Sobriety Test Procedures. Field sobriety tests tend to be subjective and not always indicative of impairment. If you performed one of these tests and the outcome is now being used against you, we may point out flaws in how tests were conducted, environmental factors, or personal medical conditions that could have affected the results.
- Disputing Breathalyzer Test Accuracy. Breathalyzer machines must be calibrated and maintained properly to give accurate readings. Failure to abide by these requirements can result in unreliable BAC measurements, providing grounds for contesting the test results.
- Highlighting Issues with Blood Test Protocol. We can examine the protocol followed for blood tests, including the chain of custody from the time of the draw to the analysis. Errors in this process may compromise the integrity of the sample.
Our Fresno DUI defense attorney offers flat rate fee options and reasonable retainers, so do not hesitate to call (559) 934-5405 or contact us online if you or someone you love is facing these serious charges.