Fresno DUI Defense for Spanish-Speaking Drivers and Families

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DUI Lawyers Near Me in Fresno, CA

After a DUI arrest in Fresno County, the first deadline is the DMV: you have 10 days from the arrest to request a hearing on your license. The criminal case in Fresno County Superior Court runs separately, with its own dates.

Our Fresno office at 8050 N. Palm Ave. works in English and Spanish. We explain the charges, possible defenses, and how a conviction could affect your job or immigration status. Request a free evaluation online or call 1-844-800-5517.

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In California, a first DUI is generally a misdemeanor. The possible penalties depend on your record and the circumstances of the arrest. These are the main ones under the California Vehicle Code:

  • First DUI: 96 hours to 6 months in county jail, a fine of $390 to $1,000 plus assessments, 3 to 5 years of probation, and a 3-month DUI program, or 9 months if your blood alcohol level was 0.20% or higher. The DMV suspends your license for 6 or 10 months; the longer period applies when the blood alcohol level was 0.20% or higher.
  • Second DUI within 10 years: 96 hours to 1 year in jail, depending on whether you are granted probation, a fine of $390 to $1,000, an 18- to 30-month DUI program, and a 2-year license suspension.
  • Third DUI within 10 years: 120 days to 1 year in jail, a fine of $390 to $1,000, an 18- to 30-month DUI program, and a 3-year license revocation.
  • DUI with a blood alcohol level of 0.15% or higher: this is not a separate offense, but the judge must consider it when deciding whether to increase penalties, grant probation, or add conditions (Vehicle Code section 23578).
  • DUI causing injury: can be charged as a misdemeanor or a felony. For a first offense, the sentence can range from up to 1 year in county jail to 16 months, 2 years, or 3 years in state prison, with a fine of $390 to $1,000 and a 1-year license suspension.
  • DUI with a child under 14 in the vehicle: the judge must add jail time: 48 hours for a first DUI, 10 days for a second, 30 days for a third, and 90 days for a fourth (section 23572). Prosecutors can also file a separate child endangerment charge (Penal Code section 273a), which as a felony can carry 2, 4, or 6 years in prison and a fine of up to $10,000.

Every case has its own circumstances. If you are charged with a DUI in Fresno, we can review your case with you in a free initial consultation.

How will we help you?

Our DUI attorneys in Fresno are part of our team of Fresno criminal defense attorneys and know the rules, procedures and rights involved when someone is arrested and charged with DUI in the county.

We review procedures, test results and police reports for errors that may help your defense. Depending on what we find, we seek to have the case dismissed or the penalties reduced, when the law allows.

How much does it cost to get out of jail on bail for a DUI case in Fresno?

Many people assume DUI bail depends only on what the judge decides that day. In Fresno County, the Superior Court publishes a bail schedule with reference amounts by type of charge. For 2026, bail for a first DUI is listed at $5,000; for a second DUI, $10,000; and for a third, $25,000.

More serious charges carry higher amounts. A DUI causing injury is listed at $7,500 as a misdemeanor and from $50,000 as a felony, and $5,000 is added if a child was in the vehicle. These amounts are a reference: the judge can set a different amount based on your record and the circumstances of the arrest.

If a family member was arrested for DUI in Fresno, we can review their situation with you in a free initial consultation.

Does a marijuana DUI have the same consequences as an alcohol DUI in Fresno, California?

Although both situations can lead to charges for driving under the influence, a marijuana DUI presents more complex legal challenges than an alcohol DUI. In California, the penalties can be similar if there is a conviction, but the way each case is investigated and proven is usually different.

In an alcohol DUI, the authorities evaluate the percentage of the substance in the blood, and there are defined legal limits. In marijuana cases, a broader analysis of the circumstances is required. The prosecution must convince the court that the use actually affected the driver’s ability to drive safely.

So if you are facing marijuana-related DUI charges, it is important to get legal help and advice. A DUI charge can have consequences that go beyond the criminal case. If you want to know how it could affect your particular situation, you can request a free initial consultation with one of our criminal defense attorneys.

How much would it cost to hire a DUI lawyer in Fresno?

The fees of a DUI attorney in Fresno can be estimated after understanding the specifics of each situation. In other words, your attorney can set a fee after analyzing the elements of your case, the complexity of the charges and other factors.

If you would like to know how much representation by one of our DUI attorneys might cost, we invite you to schedule a free initial consultation. In that first meeting, we will answer your questions, explain the legal options that could apply to your situation and agree on a fair fee for our representation.

What is the hearing process like at the DMV in Fresno?

After a DUI arrest in Fresno, you have 10 days to request a hearing with the California Department of Motor Vehicles (DMV). This hearing is an administrative process, separate from the criminal case. Its purpose is to verify the legality of your arrest, review whether procedures were followed according to the law and determine the length of your license suspension.

Legal representation matters at this hearing, because it is where police procedures can be challenged. It is also the time to present evidence in your favor, which could help prevent or reduce your license suspension.

Our team gathers the medical, technical or witness evidence your defense needs and reviews every procedure applied for flaws that could work in your favor.

8050 North Palm Avenue

Fresno, CA 93711

DUI - Frequently Asked Questions (FAQ)

A “wet reckless” is a charge reduction to reckless driving, with a note that alcohol or drugs were involved. It is often a favorable agreement, since it carries lower fines, less probation time, generally does not require an ignition interlock device (IID) and has less impact on your driving record than a full DUI conviction.

Our DUI attorneys in Fresno can negotiate with Central Valley prosecutors to seek this reduction when the police chemical evidence is questionable or the blood alcohol level is close to the legal limit.

A single DUI arrest is not, by itself, a “crime involving moral turpitude” or an “aggravated felony” that results in automatic deportation for a lawful permanent resident. However, if there are aggravating factors, such as driving on a suspended license, causing serious injuries or possessing illegal substances, ICE may start removal proceedings.

That is why it is important to coordinate with our immigration attorneys, so that any agreement in criminal court is as safe as possible for your immigration status.

In California, field sobriety tests, such as walking in a straight line or following a pen with your eyes, are voluntary. Police often present them as an order, but you can politely decline.

The preliminary alcohol screening (PAS) breath test at the scene is also optional for most drivers. The exception is if you are under 21 or on probation for a DUI: in those cases, refusing can lead to a license suspension. This test is different from the chemical test after an arrest, which is mandatory.

If you already took the field sobriety tests, our DUI attorneys in Fresno can review the terrain, the lighting and your medical history to challenge results used against you.

There are two parallel and independent processes: the administrative DMV (Department of Motor Vehicles) hearing and the criminal case in court. The DMV only deals with your driving privileges, while the criminal court decides fines, probation and possible jail time. Losing one does not automatically mean losing the other.

Having our DUI attorneys in Fresno in both processes allows for coordinated representation and lets us use evidence revealed at the DMV to strengthen your defense in court.

Yes. Central Valley police sometimes stop drivers whose slow movements or delayed reflexes are legitimate effects of prescription painkillers or mood stabilizers, and mistake them for illegal intoxication.

If this is your situation, you can schedule a consultation through our contact page. We can work with toxicology experts to validate the medical use and question whether your ability to drive was actually impaired under California law.

One of the biggest challenges for the prosecution in a marijuana DUI case is proving that the driver was actually impaired at the time of the arrest. Unlike alcohol, California does not set a specific THC level that, by itself, shows that a person was driving under its effects. For that reason, prosecutors usually build the case by arguing that the driving was dangerous and that the person did not pass the sobriety tests. They also use the driver’s statements and blood test results. However, none of these pieces of evidence necessarily determines the outcome on its own; the court will weigh the evidence and the circumstances of the stop as a whole.

Because this process has weaknesses, our DUI attorneys in Fresno review the investigation for inconsistencies and challenge how the evidence was interpreted, with the goal of weakening the charges.

If an officer notices the smell of marijuana during a traffic stop, it may lead to a broader investigation. However, that does not mean you will automatically be found guilty of a DUI. Since recreational cannabis use was legalized for adults in California, the smell alone is no longer a conclusive sign that a person was driving under its effects.

In practice, officers rely on other factors before making an arrest. They will evaluate your behavior, your coordination and your performance on sobriety tests, and then decide whether you may be unable to drive safely.

As DUI attorneys in Fresno, we check that the police stop respected your constitutional rights. If the investigation relied on insufficient observations or skipped important procedures, we will use that as an argument in your defense. With a detailed analysis of your stop and the evidence obtained, we may be able to challenge an arrest that lacks a sufficient basis.

Depending on the circumstances, a first DUI charge does not always end with jail time. In California, the law allows judges to consider different factors before imposing a sentence. At a minimum, they must consider the defendant’s record, the circumstances of the case and whether there was an incident that caused injuries or damage to others.

A DUI attorney in Fresno can seek alternatives such as probation, DUI education programs, substance use treatment, fines or community service. Whether these options are available will depend on the applicable laws, the context of your arrest and the decisions the court makes during the case.

Our team works to protect your freedom: we negotiate with the prosecution, identify weaknesses in the evidence and present solid legal arguments.

In Fresno, many people work as drivers of trucks, commercial vehicles and agricultural transport. If your job depends on a commercial driver’s license (CDL), a marijuana DUI charge can affect not only your license but also your job stability.

CDL holders are subject to stricter rules than other drivers, so an arrest can bring serious administrative and employment consequences. This happens even when the arrest occurs while driving a personal vehicle. In addition to a possible suspension of the commercial license, some transportation companies have internal policies that can affect continued employment.

Our DUI attorneys in Fresno build defense strategies that consider not only the criminal case, but also your commercial license and your job.

The presence of THC in a blood sample is not, by itself, conclusive proof that a driver was actually under the influence of marijuana. In these cases, a DUI attorney’s work is key to building a defense based on the scientific evidence.

Your DUI attorney in Fresno should act quickly and strategically to show that the result reflects earlier use. To do this, they can question how the sample was obtained, the handling of the chain of custody, the lab procedures and how the results were interpreted. They can also rely on scientific studies explaining that certain THC-related compounds remain in the body for some time without affecting the ability to drive.

Every case requires its own technical analysis. An early review of the file allows us to identify issues that can be challenged before the prosecution presents all its evidence. If you are facing a marijuana-related DUI charge, a free initial consultation can help you understand the strengths and weaknesses of your situation.

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