Do you need a Criminal Defense Attorney in Fresno? If you have been arrested or charged with DUI, it is essential to obtain legal council for help right away.
Your Fresno Criminal Defense Attorney for DUI Charges
If you drive a vehicle while having one of the following impairments, then you are driving under the influence. As a result, you may receive DUI Charges.
- Under the influence of both alcohol and drugs. Or either one alone.
- If your blood alcohol concentration level registers .08 percent or more, then you likely will face DUI Charges.
Blood alcohol concentration (BAC) is determined as a result of the following factors.
- Both gender and body size.
- Not only the number of alcoholic drinks you’ve consumed but also the strength of the drinks.
- Moreover, the time period in which the the drinks were consumed.
- Additionally, the state of your nutrition.
- And correspondingly, certain medical conditions affect 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.”
“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.”
“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!”
“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!”
“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!”
“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.”
“I am forever grateful for what Mark has done for my me and my family.”
“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.”
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(559) 691-6222
Have Questions? Don’t go it alone. Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Have Questions? Don’t go it alone. Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Penalties for DUI Charges
Certainly, DUI penalties and charges vary. Because they’re based on prior convictions. Plus the circumstances of each case. Regardless, a DUI conviction stays on your record and will consequently count as a prior for 10 years.
For the 1st Offense: DUI Charges
- Firstly, time in prison.
- Additionally, $390 to $1,000 in fines.
- Your driver’s license is suspended for 6 months.
- Finally, an Ignition Interlock Device (IID) will be in place for 6 months.
For the 2nd Offense: DUI Charges
- Firstly, time in prison.
- Additionally, $390 to $1,000 in fines.
- Your driver’s license suspended for 2 years.
- Finally, an IID will be in place for 1 year.
For the 3rd Offense: DUI Charges
- Firstly, time in prison.
- Additionally, up to $1,800 in fines.
- Your driver’s license suspended for 3 years.
- Finally, an IID will be in place for 2 years.
Felony DUI Charges
If one of the following is true, your DUI becomes a felony.
- If someone is injured or killed because you were driving under the influence.
- When you have 3 or more DUI’s within a 10-year period.
- Whenever you have a prior felony DUI. Regardless of the circumstances.
Altogether, these possible penalties can include up to 3 years in a state prison.
Legal Defenses for a DUI
It’s common for police officers to pull someone over on a hunch they may be driving under the influence of drugs or alcohol. Also, officers find reasons to pull someone over so they can perform a DUI test. They are generally required to have a legitimate reason for pulling someone over. Consequently, they could violate the driver’s constitutional right to be free of unreasonable seizures. Certainly, any evidence that is gathered from an unlawful stop can’t be used against the driver.
Arrests must be based on the probable cause that the driver violated the law. However, sometimes officers make arrests based on things that aren’t true. For example, slurred speech 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.
Breathalyzer tests are often flawed. Plus they should be challenged. Some of the flaws include but are not limited to the following.
- Both operator error and equipment malfunction.
- Either medical conditions or other biological functions that affect test results. For instance, diabetes.
- Whether the officer was not certified or adept in the operations to conduct the breathalyzer test.
- Measuring the residual alcohol in the mouth rather than the lung air.
Surprisingly, a blood test result can be questioned if officials failed to refrigerate then preserve the blood sample. That is to say, before testing or any lab errors.
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 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.
Your Defense Attorney for DUI 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.
Your Defense Attorney for DUI 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.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
Other Qualifications:
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
