Fresno Aggravated DUI Attorneys

Experienced Aggravated DUI Lawyers Serving Fresno County, CA 

Aggravated DUI is a serious criminal charge that can result in severe penalties. If you are facing these charges, you need an experienced attorney on your side. At Schweitzer & Davidian, our criminal defense lawyers have the knowledge and skill to help you fight your charges. We understand the complexities of the law and can help you navigate the legal process. Our team will work tirelessly to protect your rights and fight for your freedom.

To speak with an experienced aggravated DUI attorney, give us a call at (559) 206-2322 or contact us online today.

What Is Aggravated DUI?

Aggravated DUI is a more serious form of DUI. It is charged when a person is accused of driving under the influence and has one or more aggravating factors. These factors can include:

• Having a blood alcohol concentration (BAC) of .15% or higher
• Driving with a minor in the vehicle
• Driving on a suspended or revoked license
• Having multiple DUI convictions within a certain period of time
• Causing an accident that results in serious bodily injury or death

Aggravated DUI is a felony offense, which means it carries more severe penalties than a misdemeanor DUI. If you are facing these charges, you need to take them seriously. Reach out to our Fresno aggravated DUI lawyers team right away to learn how we can help you.

What Are the Penalties for Aggravated DUI?

Aggravated DUI is a felony offense in California. If you are convicted, you could face the following penalties:

• Up to 3 years in state prison
• Up to $5,000 in fines
• Up to 10 years of probation
• Driver’s license suspension
• Required installation of an ignition interlock device
• Required completion of a DUI education program
• Restitution to the victim
• Community service
• Vehicle impoundment

These are just the criminal penalties. You may also face other consequences, such as increased insurance rates and difficulty finding employment. That is why it is so important to have an experienced attorney on your side. At Schweitzer & Davidian, our aggravated DUI attorneys will fight to protect your rights and your future.

Defending Against an Aggravated DUI Charge

There are several defense strategies that can potentially reduce or eliminate the charges. Our Fresno aggravated DUI lawyers are committed to investigating all angles to protect your rights. Some common defenses include challenging the accuracy of BAC tests, such as improper calibration of the breathalyzer machine or errors in the blood testing procedure. Additionally, if law enforcement did not have probable cause for pulling you over, the evidence collected during the stop, including BAC results, could be deemed inadmissible. We will carefully examine the circumstances surrounding your traffic stop to determine if your rights were violated.

Other defenses may involve disputing the aggravating factors of the case. If there is insufficient evidence of child endangerment, or if the injuries from an accident were minor, we may argue that the charge should not be classified as aggravated. If reckless driving is cited as an aggravating factor, we can challenge whether your actions truly meet the legal definition of reckless behavior. Medical conditions or prescription medications that mimic intoxication symptoms could also play a role in your defense.

Understanding the Legal Process for Aggravated DUI

The legal process for an aggravated DUI charge in California involves several key steps, each of which can have significant consequences for the individual facing the charges. Below is an overview of the typical legal process for an aggravated DUI charge in California.

• Arrest and Booking: The process begins when you're arrested for aggravated DUI due to behaviors like swerving or speeding. After arrest, you’re booked at the police station, your personal information is recorded, and you may be required to take a chemical test.
• Post-Arrest Actions: You may face immediate consequences such as license suspension under California’s Implied Consent Law. If convicted, an ignition interlock device (IID) may be required in your vehicle. You must request a DMV hearing within 10 days to contest any license suspension.
• Arraignment: Within 48-72 hours of arrest, an arraignment occurs where you're formally charged, informed of the penalties, and asked to enter a plea (guilty, not guilty, or no contest). A not guilty plea typically leads to a pretrial hearing.
• Pretrial Hearings: Pretrial hearings are held to explore potential defenses, gather evidence, and possibly negotiate a plea deal. Motions may be filed to challenge the legality of the traffic stop or the BAC test.
• Plea Negotiations or Trial: If a plea deal is not reached, the case proceeds to trial, where the prosecution must prove the aggravated DUI beyond a reasonable doubt. If successful, your defense attorney can challenge evidence and raise doubts about aggravating factors.
• Sentencing: If found guilty, sentencing includes fines, license suspension, possible IID installation, jail or prison time, probation, and alcohol education programs. Penalties are more severe if injury or reckless driving is involved.
• Appeals: If convicted, you have the right to appeal the decision. An appeal requests a higher court to review the case for any errors during the trial or sentencing. Appeals must be filed within a specific time frame.
• Post-Conviction Consequences: Conviction results in long-term consequences such as a permanent criminal record, difficulty finding employment, higher insurance rates, and driving restrictions. In cases of injury or death, civil lawsuits for personal injury may follow.

How Can a Fresno Lawyer Help Me Fight Aggravated DUI Charges?

Being charged with aggravated DUI can be overwhelming. You may be unsure of what to do next. That is where we come in. At Schweitzer & Davidian, we have the knowledge and skill to help you fight your charges. We will conduct a thorough investigation into your case and gather all available evidence. We will also review the police report and any other relevant documents. If we find any inconsistencies or errors, we will use them to build a strong defense on your behalf. 

Our team will also interview any witnesses and work to get their statements. We will also negotiate with the prosecution to try to get your charges reduced or dismissed. If necessary, we will not hesitate to take your case to trial. Our Fresno aggravated DUI attorneys will be there for you every step of the way and will fight to protect your rights.

To speak with an experienced aggravated DUI attorney in Fresno, give us a call at (559) 206-2322 or contact us online today.

Commonly Asked Questions

How Long Do You Go to Jail for Aggravated DUI?

If you are convicted of aggravated DUI, you could face up to 3 years in state prison. However, the exact length of your sentence will depend on the specific circumstances of your case. For example, if you caused an accident that resulted in serious bodily injury or death, you could face a longer sentence. That is why it is so important to have an experienced attorney on your side. At Schweitzer & Davidian, we will fight to protect your rights and your freedom.

How Long Does an Aggravated DUI Stay on Your Record?

In California, an aggravated DUI conviction will stay on your record for 10 years. However, if you are convicted of a subsequent DUI offense within that 10-year period, the conviction will remain on your record for 20 years. That is why it is so important to fight your charges. We will work tirelessly to get your charges reduced or dismissed. If that is not possible, we will fight to get you the best possible outcome.

Can You Get a DUI Expunged in California?

Yes, you can get a DUI expunged in California. An expungement is a legal process that allows you to have your conviction dismissed. Once your conviction is dismissed, you will no longer be considered “guilty” of the offense. However, it is important to note that an expungement will not erase your conviction from your record. Instead, it will show that your conviction was dismissed. If you are facing DUI charges, you need to speak to an experienced attorney as soon as possible. At Schweitzer & Davidian, our experienced Fresno aggravated DUI lawyers will review your case and help you understand your legal options. Our team will fight to protect your rights and your future.