Overview of DUI Arrests in Fresno
What Happens after a DUI Arrest in Fresno?
The police have arrested you for drunk driving. You blew into a breath machine or gave a blood sample. The police officer took your driver’s license and gave you a temporary license. They released you with a notice to appear in court in a few weeks. What happens now? A Fresno DUI lawyer can help you through this.
A typical DUI case follows a similar chronological pattern. The merits of your case, however, depend on your particular facts. Keep in mind that every drunk driving case is fact driven. Different facts give rise to different defenses. Some cases certainly may have a different pattern. But most will go like this:
- The Traffic Stop & DUI Investigation
Often, it begins when the police officer pulls the suspect over for an alleged traffic violation such as speeding, weaving, running a stop sign, or some sort of problem with the vehicle like a defective tail light or no front license plate.
The DUI officer claims the suspect "performed poorly" on the FST’s. Furthermore, the PAS reading shows the suspect may be above the legal limit. Based on this, the DUI officer "forms the opinion" that the suspect is under the influence and cannot operate a motor vehicle safely.
The two most common DUI Charges are: 
VC §23152(a), Driving Under the Influence; and/or
VC §23152(b), Driving with a .08% or higher BAC
After the DUI arrest, the officer takes away the suspect's driver's license and gives him/her a pink colored form entitled "Suspension Order and Temporary License." This form serves as a (1) temporary license and (2) notice that this temporary license will automatically go into suspension in 30 days unless a hearing on the matter is requested.
A DUI SUSPECT HAS 10 CALENDAR DAYS TO CONTACT THE DMV and request a hearing. Once the hearing is requested, the license suspension is automatically postponed or “stayed” pending the outcome of the DMV hearing. The suspect can choose an “in-person” hearing or a “telephonic” hearing. I recommend you always request an “in-person” hearing, however, if you hire a DUI attorney he/she should request and set the hearing for you. With or without an attorney you will still need to request the hearing within 10 days.
At the bottom of your citation is a date to appear in court. This is an arraignment. If the charge is misdemeanor DUI, your attorney can appear for you (meaning you don't have to be present) at this court date. The same is usually true for most future court dates.
At the arraignment, your attorney (1) enters a plea of "not guilty" on your behalf, (2) receives the initial set of police and scientific reports, and (3) sets the case for future pre-trial court dates several weeks later.
"Pre-trials" are court dates in which we (1) collect further DUI reports and information from the prosecutor, (2) argue appropriate DUI motions to the court and (3) negotiate the case with the prosecutor and the judge. If we reach a settlement of the case that everyone is happy with (such as a reduction to a lesser charge), we can enter your plea to the court.
Everyone has a right 
to a trial. That is, to force the prosecution to prove their case “beyond a reasonable doubt.” You may decide, after we discuss your case and possible defenses, to have a trial. The decision as to whether to go to trial is entirely up to the client. I will discuss with you all the advantages and disadvantages, risks and benefits.
Call 559-266-8604 and speak with a premier Fresno DUI Attorney today!