DUI

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LICENSE SUSPENDED IN FRESNO AFTER A DUI

When one of these situations occurs, the DMV typically cannot automatically suspend or revoke your license. Getting pulled over for DUI is an offense that is exempt from this provision (DUI). When you are arrested for DUI in Fresno, your license will automatically be suspended.

It's crucial to speak with a lawyer as soon as you can if you intend to contest your license suspension and DUI. After your DUI arrest, you will have ten days to request an administrative per se hearing. Your only opportunity to defend yourself and make a case why your license shouldn't be suspended is at this hearing. If you don't ask for this Administrative Per Se hearing within ten days of your DUI your license will be suspended.

This Administrative Per Se hearing should be handled by an experienced attorney because it can be challenging and complex. Yan E. Shrayberman  have handled complicated DMV claims for over to fifteen years. Our firm has  the expertise, know-how, and abilities needed to ensure the best result in your case.

Have you been jailed in Fresno or the Valley for your first DUI offense? DUIs are "priorable" offenses in California, which means the punishments get worse the more offenses you have within a 10-year window. According to VC 23152, a first offense of non-injury DUI is a misdemeanor, but unlike other misdemeanors, your ability to drive a car is at risk, which may affect your ability to keep your job or find one, particularly if your line of work requires operating a vehicle or equipment.

Additionally, within ten years of your conviction, you will be subject to far harsher punishments for every additional DUI. A skilled and competent Fresno first offense DUI lawyer can assist you following an arrest with both the DMV and criminal aspects of your case.

We at our firm have handled complex criminal cases in Fresno and around the Valley for many years. As a former prosecutor, Yan E. Shrayberman has a particular understanding of how your case will probably be handled. He will work to achieve the best result for your case using his knowledge and experience.

If you call us for assistance, we will

• Examine the events that led to and following your DUI arrest.
• Identify any violations from proper policing procedures made by the arresting officer.
• Examine any indications that the chain of evidence was interrupted along the way.
• Look for flaws in the state's case against you and the evidence it seems to have.
• Challenge any unreliable or gathered inadequate evidence in violation of your rights
• Take full control of all communication and plea bargaining with the prosecution.
• Manage the procedural components of your case and work to quickly obtain your license back in your control.
• Our attorneys will make a strong effort to negotiate a plea deal that is advantageous to you or, at the the least, have the accusations against you withdrawn. We'll be prepared to present your case to a jury if the state refuses to cooperate and make a fair bargain.

Contact our Fresno law office right away to arrange a free consultation so that you may learn more about your legal options.

The case and courtroom experience of the lawyer is a crucial factor to take into account when choosing a Fresno criminal defense attorney to defend you against allegations of a second DUI.

An unskilled lawyer won't be able to construct a defense based on the case's advantages and disadvantages, and they might not know how to thoroughly evaluate the law enforcement officers' probable cause to stop, the validity of the field sobriety tests, and the conduct of the blood testing.

Yan E. Shrayberman has been practicing criminal law in Fresno and the Valley for over 15 years. He knows how often these cases are handled incorrectly by law enforcement since he has handled drunk driving cases from both sides, giving those facing prosecution the chance to have their charges changed, reduced or dropped.

In California, a second DUI offense carries a longer license suspension, longer DUI probation, and greater jail time. A knowledgeable Fresno DUI defense attorney can assist you in avoiding jail time and obtaining the best outcome for your case.

We know that a few days or even months in jail are considerably less of a concern than the long-term implications of a conviction on your future because we've represented so many DUI clients over the years.

A DUI conviction in California will appear on a criminal history check unless it is sealed or expunged. Employers and professional associations may legitimately rely licensing and employment decisions on your criminal history.

You can be forced to disclose your criminal past on an application even if an organization does not conduct a background investigation.

You cannot be arrested for engaging in a wet reckless. In some DUI situations, a plea agreement under Vehicle Code 23103.5 VC may be an option. Following your arrest, a prosecutor will look at:

• Your exact DUI charge(s), blood alcohol level (BAC) at the time of your arrest
• Previous DUI-related convictions 
• and any additional information.

A wet reckless plea deal may be presented by the prosecutor if they feel that the crime was relatively minor or that there is insufficient evidence to support a conviction.

Typically, a wet reckless charge will be offered when your blood alcohol concentration (BAC) was close to the legal limit of.08, you displayed no signs of serious intoxication, you had a cooperative attitude at the time of the arrest, and no one was hurt. Alcohol or drug intoxication-related DUI offenses may be charged as a wet reckless.

A wet reckless is essentially a dry reckless with the addition that alcohol or narcotics were used. The prosecution must disclose whether the circumstances show that "there was a consumption of an alcoholic beverage or the ingestion or administration of a drug...in conjunction with the violation," according to California Vehicle Code Section 23103.5.

Therefore, you are charged with reckless driving with a notation that drugs and/or alcohol were involved rather than a DUI. In general, a reckless driving conviction carries less punishment than a DUI conviction.

WHAT IS A DUI FROM MARIJUANA?

Driving while impaired or under the influence of narcotics is illegal in California. It is illegal to operate a vehicle while under the influence of any narcotic, according to Vehicle Code Section 23152(f). This includes marijuana, a narcotic that was recently legalized.

The prosecution must establish each of the following aspects of the crime in order to succeed in getting the defendant convicted of marijuana DUI:

• You were both using marijuana while
• Operating a motor vehicle.

There is no requirement that you violate any other laws, such speeding or inflicting harm on another person. The fact that you drove a motor vehicle while under the influence of marijuana is sufficient to satisfy the elements of the crime.

Prosecution of marijuana DUI allegations can be extremely challenging. The prosecution has a difficult time establishing that you were under the influence of marijuana. By establishing special legal defenses, you might further complicate the prosecution's task.

WHAT COUNTS AS A FELONY DUI

DUI charges in California can be either misdemeanors or felonies. If it is your first offense and no one was harmed as a result of your actions, a simple DUI charge will often be brought against you. According to Vehicle Code Section 23153, a DUI will be treated as a crime if:

• You cause the death or serious injury of another person while driving under the influence; 
• You have three or more DUI or wet reckless convictions within the last ten years; or
• You've previously been found guilty of felony DUI.

Criminal Consequences

What happens if you are found guilty in Los Angeles of a felony DUI? 

In a felony DUI prosecution, what kinds of criminal punishments can be applied? The response to these queries will depend on the circumstances surrounding your felony DUI accusation.

Causing Significant Injury or Death: A conviction for felony DUI that results in serious injury or death carries the following penalties:

• 16 months to 16 years in jail, 
• $5,000 in fines, 
• restitution to your victim(s), 
• a maximum 5-year license suspension in California, 
• and/or a maximum 30-month DUI school requirement.

Prior DUI Convictions: A conviction for felony DUI based on prior DUI convictions is punishable by:

• 16 months to 3 years in prison
• $1,000 in fines;
• Suspension of your California driver’s license for up to 4 years; and/or
• Compulsory DUI school for up to 30 months.