DUI is one of the most common offenses in the United States. According to the U.S. Department of Transportation, approximately 1,500,000 people are arrested for driving under the influence every year. Receiving a DUI in California can result in serious criminal penalties, including an immediate DUI license suspension. The inability to drive could mean you’re cut off from work, social events, and even family gatherings for a significant amount of time.
If you or someone you know has had their license suspended or revoked because of a DUI, contact Fresno DUI attorney Michael McKneely. He will do whatever it takes to provide you with the best possible outcome. With over 10 years of experience in criminal law, Mike McKneely is well-versed in making sure every detail of a DUI case is analyzed so that, if possible, your charges are reduced or even dismissed outright.
Contact Michael McKneely, Criminal Defense Lawyer at (559) 443-7442 for a free consultation and to see what he can do for you.
DUI Administrative Penalty
If you are pulled over and have a high blood alcohol concentration (BAC) that is above the legal limit of .08 percent, you will be arrested for a DUI and your license will immediately be suspended by the Department of Motor Vehicles (DMV) as part of the California administrative license suspension program. However, how you conduct yourself during this process can make all the difference.
While you may refuse a breath test, doing so will lead to a longer administrative suspension. Not only will you still be arrested, but the length of license suspension will be longer than if you had taken the breath test. For first time offenders, refusing to take a breath test can result in a license suspension of up to one year. Conversely, taking and failing a breath test may result in as few as 4 months of license suspension.
You may challenge a license suspension before it takes effect, but you need to act fast. Fresno DUI attorney Mike McKneely will help you prove that you are not a threat to society, and you need your license in order to carry out your daily activities.
DUI Criminal Penalties
Having your license suspended as part of the administrative license suspension program is independent of the criminal penalties. If you are convicted of a DUI in court, you likely face the following in addition to the administrative license suspension:
- Additional license suspension as a criminal penalty
- Incarceration in jail or prison
- Large fines and court fees
- A permanent criminal record
- Mandated substance abuse classes
- Ignition interlock device installation
How Michael McKneely, Criminal Defense Lawyer Can Help
Attorney Mike McKneely is aware that every DUI case is different, and in a lot of cases, there are steps that can be taken to lessen the charges and even prevent a DUI conviction in court.
If you receive an administrative license suspension, you have 10 days to request a hearing with the DMV to prove that the suspension and the DUI are not justified. This hearing is separate from your criminal trial. Fresno DUI attorney Mike McKneely can help. He will work to convince the DMV that your license suspension is not justified.
Attorney McKneely may focus on the following defenses in your case:
- There was no reasonable cause to pull you over
- Your Constitutional rights were violated during the investigation or arrest
- Your BAC was not above the legal limit
- You did not refuse to take a breath test
- You were not informed that your license would be suspended if you refused a breath test
In addition to representing you at the administrative license suspension hearing, Mike McKneely will represent you in court, if charges are filed. He will negotiate with the prosecutor and present the facts of your case to the judge. He knows that a DUI conviction can be devastating. It can prevent you from working, going to school, transporting your family, and living your daily life. Fresno DUI attorney Mike McKneely will work to have your charges and penalties reduced as far as the law will allow.
Talk to a Fresno Suspended License Lawyer Today
At Michael McKneely, Criminal Defense Lawyer, we will fight to protect your rights and freedom. Fresno criminal defense attorney Michael McKneely will review whether you received proper notice and help you fight this charge. Our goal will always be to obtain the best possible outcome in your case.