Do I Need a Lawyer for My Fresno DUI Case?
If you’ve been arrested for a DUI in Fresno, one of your first questions is probably whether you really need a lawyer. It’s a fair question—at first glance, a DUI might seem like a routine matter where you can simply plead guilty, pay a fine, and move on. But the reality is far more serious. A DUI conviction can permanently affect your driver’s license, career, insurance, and even your freedom.
An experienced Fresno criminal defense lawyer can help you understand your rights, challenge evidence, and work toward the best possible outcome. With more than 40 years of experience, Attorney Mark Broughton is a State Bar Certified Specialist in Criminal Law who has guided hundreds of clients through DUI and criminal defense cases with compassion and integrity.
Understanding Fresno DUI Charges
Under California law, you can be charged with Driving Under the Influence (DUI) if your blood alcohol concentration (BAC) is 0.08% or higher, or if drugs (prescription, illegal, or otherwise) impair your ability to drive safely.
Depending on your circumstances, a DUI can be charged as a misdemeanor or a felony. While misdemeanor DUIs are more common, certain factors can escalate the charge:
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Prior DUI convictions within ten years
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Causing injury or death while driving under the influence
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Having a child in the vehicle
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Refusing chemical testing after arrest
Even a first-time misdemeanor DUI can result in jail time, license suspension, mandatory DUI school, fines exceeding $2,000, and probation. A skilled defense attorney can often negotiate to reduce or even dismiss these penalties.
Why Hiring a Fresno DUI Lawyer Matters
Defending against a DUI requires more than just showing up to court. The prosecution must prove beyond a reasonable doubt that you were impaired and that the arrest followed proper legal procedures. A knowledgeable Fresno DUI attorney knows how to challenge the evidence at every stage.
Some of the ways Mark Broughton can help include:
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Analyzing the traffic stop: Did officers have valid probable cause to pull you over?
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Reviewing chemical test accuracy: Was the breathalyzer or blood test administered correctly?
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Assessing police procedure: Were your rights read at the appropriate time? Were there errors in the arrest report?
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Negotiating reduced charges: In some cases, charges can be reduced to “wet reckless” or “reckless driving.”
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Protecting your driver’s license: Representation at the DMV hearing is crucial to preserving your right to drive.
With thorough case preparation and decades of experience handling serious criminal matters, Mark brings deep insight into the local courts, prosecutors, and procedures in Fresno County—an advantage that can make all the difference.
The DMV Hearing: Don’t Miss Your Deadline
After a DUI arrest, you have only 10 days to request a hearing with the Department of Motor Vehicles (DMV) to challenge your automatic license suspension. This is separate from your criminal case and often overlooked.
If you fail to act quickly, your license could be suspended for months before your case is even resolved. Having a defense lawyer like Mark handle both the court case and DMV hearing simultaneously ensures that no deadlines are missed and all opportunities to protect your license are used effectively.
Common Defenses in DUI Cases
Every DUI case is unique, but certain defense strategies often prove effective when supported by detailed investigation and expert testimony. Common defenses include:
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Faulty Breathalyzer Results: Improper calibration or operator error can cause false readings.
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Rising Blood Alcohol Defense: Your BAC may have risen between the time of driving and testing.
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Medical Conditions: Acid reflux or diabetes can falsely elevate BAC readings.
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Unlawful Traffic Stop: If an officer lacked reasonable suspicion, evidence may be suppressed.
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Procedural Errors: Mishandling of samples or violation of testing protocols can invalidate results.
Mark’s legal team routinely works with forensic experts, accident reconstructionists, and technicians to dig deep into technical details—work that can mean the difference between conviction and dismissal.
Should You Plead Guilty to a DUI?
Many people facing a first-time DUI assume pleading guilty is the easiest option. However, that decision can have long-lasting consequences. A DUI conviction appears on your criminal record, influences insurance rates for years, and may affect professional licensing or job applications.
A criminal defense attorney can review the evidence to determine if the charges are weak or if plea negotiations can result in significantly reduced penalties. Sometimes, entering a diversion program or securing a plea to a non-DUI offense can spare you the harshest outcomes.
Mark Broughton’s commitment to honesty and ethics means he will always give you a clear, realistic assessment of your case and your options—never false promises.
DUI and Professional Licenses
If you hold a professional license—such as a nurse, commercial driver, or real estate agent—a DUI can trigger disciplinary action from your licensing board. Acting early with an attorney who understands both criminal and administrative law can minimize professional impact and preserve your career.
Felony DUI Cases
When injury, death, or repeat offenses are involved, a DUI may be charged as a felony, carrying penalties such as multi-year prison terms, mandatory substance treatment, and long-term license revocation.
Mark Broughton’s decades of experience with serious felony cases in Fresno County courts means he is prepared to handle the most complex DUI matters, building robust strategies aimed at reducing charges or avoiding prison altogether.
The Importance of Local Experience
Each county in California handles DUI prosecutions differently. Local experience matters. Knowing how Fresno County judges, prosecutors, and probation officers approach DUI cases can make a substantial difference in strategy.
Mark’s long-standing presence in the Central Valley legal community, along with his certification as a Specialist in Criminal Law, gives his clients access to proven advocacy grounded in local insight.
Take Action Immediately
Time is critical after a DUI arrest. The earlier you involve a Fresno DUI defense attorney, the more opportunities you have to protect your license, your record, and your future.
Mark Broughton offers one-on-one consultations to review your case, explain your options, and fight for the best possible outcome. Whether you’re facing a first-time DUI or a complex felony charge, his firm is dedicated to standing by your side through every stage of the process.
Contact Mark Broughton, PC today to schedule a personal consultation and begin your defense.
Frequently Asked Questions About Fresno DUI
What happens after a Fresno DUI arrest?
You’ll be booked, possibly released on bail, and given a court date. You have 10 days to request a DMV hearing to prevent automatic suspension.
Is jail time mandatory for a first-time DUI?
It depends. Judges consider your BAC, whether there was an accident, and your cooperation. A strong defense may reduce or eliminate jail time.
Can I refuse a breath or blood test?
You can, but refusal triggers automatic license suspension under California’s implied consent law. Discuss this with your attorney immediately.
What if I hold a commercial driver’s license (CDL)?
DUI laws are stricter for commercial drivers. Even a first-time DUI can suspend your CDL, so professional legal help is essential.
How soon should I call a lawyer after being arrested?
Immediately. The first few days are crucial for preserving evidence, requesting your DMV hearing, and protecting your rights.
Build Your Strongest DUI Defense Today
A Fresno DUI charge doesn’t have to define your future. With an experienced criminal defense lawyer like Mark Broughton on your side, you’ll have a dedicated advocate who will fight for your rights, your freedom, and your reputation.
Schedule your confidential consultation today and take the first step toward reclaiming control of your life.
