Fresno DUI Lawyer

If you are arrested and charged with a DUI or a related offense, the best thing you can do for yourself is contact a Fresno DUI attorney from Michael McKneely, Criminal Defense Lawyer. Attorney Mike McKneely will thoroughly review your case, determine the strongest defenses available.

There is nothing you can do but pull over and see what the police want. When you are lucky, you receive a warning for some minor traffic violation. However, the situation could be far more serious. If an officer believes there is evidence that you are driving under the influence (DUI) of alcohol or drugs, you could be facing arrest.

You never anticipate the moment you are pulled over by a police officer. One minute you are driving, taking your safety and freedom for granted, and then next you see flashing lights behind you. At Michael McKneely, Criminal Defense Lawyer, our team of experienced Fresno DUI attorneys will fight for your charges to be dropped or reduced. If prosecutors move forward with DUI charges, he will build you the strongest defense available under the law. Mike’s goal will be to achieve your exoneration in court, but he will also prepare to minimize the potential consequences of any conviction.

Your Rights During a DUI Traffic Stop

If you are stopped and an officer thinks you are drinking and driving, the best thing to do is remain calm and assert your rights. During a traffic stop, you have the right to:

• Remain silent – You must give the police your name and show them an ID. After that, you are not required to answer questions or provide a statement. You should politely state you are invoking your right to remain silent.
• Ask if you are under arrest – During the traffic stop, you can ask the police if you are under arrest or being detained. If they say no, you can leave. If the traffic stop drags on for an inordinate amount of time and you are not allowed to leave, yet you are not placed under arrest, you should contact a Fresno DUI attorney as soon as you can.
• Ask for a lawyer – If you are placed under arrest, be polite but very clear that you want a DUI attorney. Do not answer any of the officer’s questions until you have a DUI lawyer near you to represent your case.

Your Rights Regarding Field Sobriety Tests

During a DUI traffic stop, a police officer may ask you to perform certain tests. Most likely, you will be asked to take one of the field sobriety tests (FSTs) standardized by the National Highway Traffic Safety Administration:

• The horizontal gaze nystagmus test
• The walk-and-turn test
• The one-leg stand test

You can refuse to take any or all of these FSTs. You are not legally required to submit to any FSTs, and you cannot be punished for refusing. You may not avoid an arrest, however you have limited the prosecutor’s evidence against you.

Your Rights Regarding Chemical Tests

When the police suspect you are driving while under the influence of alcohol or drugs, you may be arrested and then asked to take a blood, breath, or urine test to determine your blood alcohol concentration (BAC). If you are a driver and over the age of 21, then the legal BAC limit is .08 percent. If you are under 21 years old, then any amount of alcohol in your blood can lead to criminal charges. If you have a commercial driver’s license, and are driving a commercial vehicle at the time of the stop, then your BAC limit is .04 percent.

You have the right to refuse to submit to a warrantless chemical test. However, refusal can bring consequences. If you refuse a warrantless breath or blood test, this can lead to an administrative drivers license suspension and increased punishment if you are found guilty of DUI.

In many situations, the police will obtain a warrant, requiring you to submit a blood sample. Refusing to submit to a blood test after a warrant has been issued can have serious consequences. You should speak to a Fresno DUI attorney as soon as possible in this situation.