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How Does a Fresno DUI Attorney Go About Fighting My Case?

Posted by Terry A. Wapner | Apr 25, 2013 | 0 Comments

If you have been arrested for driving under the influence, you are probably already aware that you need to retain a Fresno DUI attorney unless you plan to sit back and passively accept a conviction of the charge. Few people can afford such an outcome, even those fortunate enough to have the financial stability necessary to afford all of the monetary fines imposed for DUI. There's always the intimidating possibility of a significant prison sentence, as well as suspension of one's driving privileges. Although it varies from one occupation to another, the presence of a DUI conviction on your criminal record can also create a serious barrier to securing or maintaining a job. Given the seriousness of the penalties on the table, you must be aware that you need to retain an experienced Fresno DUI Attorney.

But What can a Fresno DUI Attorney do to Help You?

Although you've probably already decided that you need to retain the services of a qualified Fresno DUI Attorney, you may not be aware of what exactly can be done by the attorney to mitigate your exposure to risk in the DUI case. This is a very common predicament, and most people charged with DUI are curious and perhaps somewhat skeptical about what Fresno DUI Attorneys actually do. While every case varies tremendously based on the particular factual circumstances, there are a few common things that a DUI Attorney can do to help his clients fight drunk driving charges.

A Fresno DUI Attorney can Challenge the Suspension of Your Driver's License

The first thing a Fresno DUI Attorney can do is help you to challenge the suspension of your driver's license which probably occurred after your initial DUI arrest. To challenge the suspension, a Fresno DUI Attorney has to schedule a hearing with the Department of Motor Vehicles before the ten-day time period elapses. At the hearing, the attorney will have a chance to advance arguments that, if successful, could potentially lead to a set-aside of your suspension and reinstatement of your driver's license.

Fresno DUI Attorneys can Challenge the Scientific Validity of Intoxication Tests

Another thing a Fresno DUI Attorney can do is challenge the scientific validity of various tests used by law enforcement to determine level of intoxication. This category would include but not be limited to blood tests, field sobriety tests, and breathalyzer tests. If it is found that law enforcement did not adhere to proper procedure in administering any of the above-listed tests, the results of the test could be disputed and ruled inadmissible. When evidence is ruled inadmissible, that means that the state cannot present the evidence at trial to support its case. An inadmissibility ruling would be hugely beneficial because the burden is on the state to establish beyond a reasonable doubt that the accused was driving under the influence. Without admissible evidence to prove your level of intoxication, the prosecutor's case against you will be seriously undermined.

Fresno DUI Attorney Terry A. Wapner has a wide variety of tactics at his disposal to defend the rights of his clients. Contact his law offices today to learn more about what he can do for you.

About the Author

Terry A. Wapner

Terry A. Wapner confines his practice to the defense of persons accused of driving under the influence of alcohol and/or drugs, and related crimes.


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Roadside arrest

It’s a frightening situation. You are arrested for DUI after submitting to a breathalyzer and participating in a couple of field sobriety tests. The officer confiscated your driver’s license and provided you with a temporary license. You were given a notice to appear in court in a few weeks. Now what? Fresno DUI attorney, Terry A. Wapner, can help you make sense of this situation, guide you through the process, and might be able to provide the defense that results in finding you Not Guilty!

Myths & Truths About DUI Charges


Myth: “There is nothing that a Fresno DUI defense lawyer can do.” Truth: Absolutely not true. Over the past 7-10 years, the conviction rate in California for DUI's is only around 70 percent. That means that 30 percent of the charges are being reduced to charges that are less than a DUI charge or not guilty verdicts are being returned. I have the ability and have won Fresno DUI cases. Do not give in to despair and believe that you are destined to lose. Entering a guilty plea to a DUI charge when the evidence against you can be challenged may result in an expensive mistake that could haunt you in the long run.