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DUI Charges

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Mark Broughton > DUI Charges
Mark Broughton > DUI Charges

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.

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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.

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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 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

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.

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