Have you been Charged with a DUI in Fresno?

Sep 20, 2018

dui4.jpgNo one goes out intending to get arrested for DUI/DWI. You notice the lights are flashing behind you and you nervously pull over to the side of the road. This can certainly be a terrifying experience. It can be tough to figure out what you are actually supposed to do. 


It is important that you know that the police officer will keep a document of everything you do. You should be sure to do the following:

·  When you are told to pull over, you should slow down, turn on the appropriate signal, and pull over to the side of the road

·  Make sure your vehicle is in park, turn off your engine, and roll down the window on the driver's side and the passenger's side

·  Place your hands where the officer can see them, preferably on your steering wheel

·  Have the required documents that the officer will ask for, such as your license and registration


The Breath Test

There is an implied consent law in California that states that any person who is driving a motor vehicle will consent to a breath test, a urine test, or a blood test in order to determine if the person is under the influence of any drugs or alcohol. Any time a person is pulled over, this preliminary breath test will be given.  It is important to know that the preliminary, pre-arrest, breath test is optional.  You don’t have to take it and you shouldn’t.  The officer should read you an advisement regarding the fact that it is optional.


Once the driver has been taken into custody, another test known as an evidentiary test will be given. Due to the implied consent laws, there will be various penalties if you refuse to take the test. Those penalties may include the loss of your license for one to three years, with no restricted license, if you refuse it.  In addition, the officer may call a judge to get a warrant for a forced blood draw if you refuse it.


Contact us today for more information and a consultation.

Category: DUI Defense

Michael Mitchell


Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.