DUI

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Mark Broughton > Driving Crimes > DUI > DUI

What is a DUI?

A DUI is when someone drives a vehicle while having one of the following impairments:

Under the influence of alcohol
Has a .08 percent or more of alcohol in their blood
Under the influence of drugs
Under the influence of alcohol and drugs

Blood alcohol concentration (BAC) is determined based on the following factors:

Gender
Body size
The number and strength of drinks
The time period the the drinks were consumed in
Whether or not the driver has had anything to eat
Certain medical conditions that can effect how the body metabolizes alcohol

Testimonials

My husband and I have really had our ups and downs these past four years and it was helpful to watch your poignant YouTube video a few months ago where you described a story about never wanting to leave your clients behind. We appreciate that, believe me, as this whole journey has been unbelievably hard. Thank you for your continued support as we approach what will hopefully be the final chapter of my husband's journey. I am hoping for the best of all outcomes.

Karon

Constant and continued support

After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.

Karen

Peace of mind with one phone call

Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son's pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!

Jill

Light in the darkness

He is an amazing lawyer, I had a near impossible felony case and he helped me bring it down to a misdemeanor. Amazing personality and a kind human being!

Anonymous

Nearly impossible felony

I highly recommend Mark Broughton. His expertise, professionalism, and empathy in our complex case gave us the feeling of confidence. I cannot begin to show or say how much we are grateful to you. Mark Broughton, you are truly an Angel in disguise. Again Thank You!

Raquel

Statement of Gratitude

I was charged with 2 felonies and was at risk of jail time, losing my job and my children, basically my entire life. Mark worked closely with me and... I was able to plead no contest to 1 misdemeanor.

Former Client

Avoided Jail Time

I am forever grateful for what Mark has done for my me and my family.

Forever Grateful

Thank you Mark... for the excellent work you all did on my son's cases and the on-going support you all showed my family and myself through this very difficult time in our lives.

Relieved Mom

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Penalties for DUI

DUI penalties vary based on the prior convictions and the circumstances of the case. A DUI conviction stays on your record and will count as a prior for 10 years.
For the 1st Offense

Imprisonment time
$390 to $1,000 in fines
Driver’s license suspended for 6 months
Ignition Interlock Device (IID) for 6 months

For the 2nd Offense

Imprisonment time
$390 to $1,000 in fines
Driver’s license suspended for 2 years
IID for 1 year

For the 3rd Offense

Imprisonment time
Up to $1,800 in fines
Driver’s license suspended for 3 years
IID for 2 years

Felony DUI
A DUI is a felony when one of the following is true:

Someone is injured or killed.
You have 3 or more DUI’s within a 10-year period.
You have a prior felony DUI, regardless of the circumstances.

The possible penalties can include up to 3 years in a state prison.

Legal Defenses for a DUI

Unlawful Stop

It’s common for police officers to pull someone over on a hunch that they may be driving under the influence of drugs or alcohol. Sometimes officers come up with excuses to pull someone over just to perform a DUI test. They generally are required to have a legitimate reason for pulling someone over. If they don’t have a legitimate reasons, then they violate the driver’s constitutional right to be free of unreasonable seizures. Any evidence that is gathered from an unlawful stop can’t be used against the driver.

Unlawful Arrest

Arrests are to be based on the probable cause that the driver violated the law. But sometimes, officers make arrests based on things that aren’t true, such as slurred speech when there was none, or saying that the sobriety test was a fail when it was actually a pass. If the officer can’t substantiate these facts with an objectively reasonable belief, then this evidence can’t be used against the driver.

Flawed Test Results

Breathalyzer tests are often flawed and should be challenged. Some of the flaws include:

Not operating the machine correctly
A medical condition affecting the test results (diabetes)
An officer who was not certified to conduct the breathalyzer test
Measuring the residual alcohol in the mouth rather than the lung air

A blood test result can be questioned if they failed to refrigerate and preserve the blood sample before testing or any lab errors.

Blood Alcohol Curve

Sometimes officers take a blood test much later than when the driver is pulled over. It takes time for alcohol in the stomach to get to the bloodstream. Once alcohol is in the bloodstream, it starts affects the brain. But before that, alcohol does not affect the brain, therefore, doesn’t affect your driving.

Have you been legally accused of a felony DUI? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

Get Legal Help Today.

Phone: 559-691-6222

Email: mark@FresnoCriminalLawyer.com

Your Defense Attorney for DUI Felony Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, DUI’s, Vehicular Manslaughter, Gang Crimes and Sex Crimes to name a few.