DUI defense

Fresno DUI Defense Lawyer – KMH Law Firm

Overview

Facing a DUI Charge? Trust KMH Law Firm for Your Defense

A DUI charge in California is a serious matter that can affect your driving privileges, finances, and freedom. At KMH Law Firm, we offer experienced DUI defense to help clients understand their rights and achieve the best possible outcome in their case.

What is a DUI in California?

Driving Under the Influence (DUI) occurs when a driver operates a vehicle with a Blood Alcohol Concentration (BAC) at or above 0.08% for adults, 0.01% for drivers under 21, or 0.04% for commercial drivers. California Vehicle Code 23152 governs DUI laws, with penalties increasing based on prior offenses and BAC levels.

Types of DUI Cases We Handle

KMH Law Firm defends against various DUI-related charges, including:

Standard DUI: Charged when BAC exceeds 0.08% for drivers 21 or older.
Underage DUI: California enforces a strict zero-tolerance policy for drivers under 21, penalizing any detectable BAC over 0.01%.
DUI with Injury: Charges increase if a DUI incident results in injuries to others, often involving additional charges and severe penalties.
Felony DUI: Multiple DUI convictions, high BAC, or causing serious injuries can lead to felony charges. Felony DUIs carry more severe penalties, including lengthy prison sentences.
DUI for Drugs (DUID): Driving under the influence of drugs, whether prescription, over-the-counter, or illegal substances, is treated as a DUI offense.

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Potential Penalties for DUI in California

The consequences of a DUI conviction vary based on factors like BAC level, prior convictions, and whether there were injuries involved. Common penalties include:

Fines and Fees: Fines can range from hundreds to thousands of dollars, plus court fees.
License Suspension: First-time offenses may result in a license suspension of six months or more, with longer suspensions for repeat offenders.
Jail Time: Jail sentences range from a few days to years, depending on prior offenses or if the DUI resulted in injuries.
Probation: Most DUI convictions include probation, which may require completing DUI education programs.

DUI Defense Strategies at KMH Law Firm

Our attorneys analyze every aspect of the arrest and evidence to craft a strong defense. Common strategies include:

Challenging BAC and Field Sobriety Tests: BAC tests and field sobriety tests are often flawed. Calibration errors, improper administration, or medical conditions can impact results. We question test validity to weaken the prosecution’s case.
Unlawful Stop: The police must have reasonable suspicion to pull over a driver. If the stop was unwarranted, we move to suppress evidence, potentially leading to case dismissal.
Mouth Alcohol Defense: Residual alcohol in the mouth from substances like mouthwash can result in inaccurate BAC readings. We argue this defense when applicable.
Rising Blood Alcohol Defense: BAC levels can rise after driving due to delayed absorption. We use this defense to challenge claims that BAC was over the legal limit at the time of driving.
Medical Conditions: Conditions like GERD or diabetes can produce symptoms or test results that mimic intoxication. We work with medical experts to present evidence that mitigates these effects.

Impact of a DUI Conviction on Your Life

A DUI conviction can impact multiple areas of your life, including employment, insurance premiums, and your ability to drive. For some, a DUI can affect professional licenses or create issues with background checks, especially for roles requiring driving or public safety.

Why Choose KMH Law Firm for DUI Defense?

Choosing the right DUI defense attorney is crucial. Here’s what sets KMH Law Firm apart:

Comprehensive Knowledge of California DUI Laws: Our attorneys understand the technicalities and nuances of California DUI law, ensuring a robust and thorough defense.
Personalized Defense Strategy: We recognize that every case is unique and tailor our approach based on your specific circumstances and goals.
Proven Results in DUI Cases: We have successfully defended clients in DUI cases, achieving dismissals, reductions, and favorable plea deals.
Client-Focused Approach: At KMH Law Firm, we prioritize transparency and communication, keeping you informed and prepared at every step of the legal process.

Frequently Asked Questions About DUI Defense

What should I do if I’m pulled over on suspicion of DUI?

Stay calm, remain respectful, and exercise your right to remain silent. Do not admit to drinking or other incriminating details. Contact KMH Law Firm as soon as possible for guidance.

Can I refuse a breathalyzer or field sobriety test?

In California, refusing a breathalyzer test after an arrest can lead to a license suspension under implied consent laws. Field sobriety tests are voluntary but refusing may still impact your case. Our attorneys help clarify your rights and options.

What are the penalties for a first-time DUI in California?

Penalties for first-time DUI include possible jail time, fines, probation, and a license suspension. Alternative sentencing, such as DUI school or community service, may be available in some cases.

Contact KMH Law Firm for Experienced DUI Defense

Address

2014 Tulare Street, Ste 527, Fresno, CA 93721

Phone

559-273-5847

Kojomoorelaw@gmail.com

Related Legal Resources

Understanding BAC and DUI Tests: Learn about BAC testing methods and challenges to test results.
Implied Consent Laws in California: Know your rights and obligations in DUI testing.
DUI vs. DUID: Differences between driving under the influence of alcohol vs. drugs.