AV Preeminent Peer Rated Attorneys
Five Points Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Five Points Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Five Points Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 2344 Tulare St., Ste. 301, Fresno, CA 93721

  • 7429 N. First Street, Suite 104, Fresno, CA 93720

  • 2300 Tulare St, Ste 240, Fresno, CA 93721

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  • 5588 N. Palm Ave., Fresno, CA 93704

  • 516 West Shaw Avenue, Fresno, CA 93704

  • 2950 Mariposa Street, Suite 120, Fresno, CA 93721

  • 2140 Merced St., Ste. 101, Fresno, CA 93721

  • 802 N. Irwin Street, Suite 202, Hanford, CA 93230

  • 2300 Tulare Street, Suite 230, Fresno, CA 93721-2263

  • 1713 Tulare St., Ste. 110, Fresno, CA 93721-2112

  • 2100 Tulare St., Ste. 410, Fresno, CA 93721

  • 2300 Tulare St., Ste. 240, Fresno, CA 93721

  • 5200 N. Palm Ave., Ste. 308, Fresno, CA 93704

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About our DUI/DWI Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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71 %

117 Client Reviews

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221 Peer Reviews

Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I get a public drunkenness citation because I walked away from the police?

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Answered by attorney Joseph Briscoe Dane (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Joe Dane
In order to convict you for public intoxication, they would have to prove that you were so intoxicated that you were unable to care for your own safety or the safety of others. From what you wrote, it sounds as though they tried to bluff you and they backed off. If they actually file charges on you in court, you'll need a lawyer, but this sounds like a very defensible case. Alternatively, you may have to worry about a charge of Penal Code 148.9 - resisting or delaying an officer. If you were lawfully detained for investigation and walked away and/or otherwise delayed their investigation, this charge could come into play. Again - you'd need a lawyer to defend you. I'd suggest you start researching local criminal defense attorneys so you're ready. If you have a citation with a court date, don't wait until the last minute. Often, a local attorney can make some calls and find out what the status of your case is.
In order to convict you for public intoxication, they would have to prove that you were so intoxicated that you were unable to care for your own safety or the safety of others. From what you wrote, it sounds as though they tried to bluff you and they backed off. If they actually file charges on you in court, you'll need a lawyer, but this sounds like a very defensible case. Alternatively, you may have to worry about a charge of Penal Code 148.9 - resisting or delaying an officer. If you were lawfully detained for investigation and walked away and/or otherwise delayed their investigation, this charge could come into play. Again - you'd need a lawyer to defend you. I'd suggest you start researching local criminal defense attorneys so you're ready. If you have a citation with a court date, don't wait until the last minute. Often, a local attorney can make some calls and find out what the status of your case is.
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Can I get charged of a DUI even if I was not driving?

Jared Clayton Austin
Answered by attorney Jared Clayton Austin (Unclaimed Profile)
DUI/DWI lawyer at Austin Legal Services, PLC
The police do not have to catch you in the act of driving in order to place you under arrest for DUI. They may have other reliable evidence to indicate that you were operating a motor vehicle on a public roadway while intoxicated and that is what they have to prove. Anybody can be charged with anything. It is up to the prosecution to prove your guilt beyond a reasonable doubt. Also, the police do not have to read you your rights when arrested; only when in police custody and they wish to interrogate you. Do not plead guilty to anything or give statements to law enforcement without first consulting with an experienced DUI attorney.
The police do not have to catch you in the act of driving in order to place you under arrest for DUI. They may have other reliable evidence to indicate that you were operating a motor vehicle on a public roadway while intoxicated and that is what they have to prove. Anybody can be charged with anything. It is up to the prosecution to prove your guilt beyond a reasonable doubt. Also, the police do not have to read you your rights when arrested; only when in police custody and they wish to interrogate you. Do not plead guilty to anything or give statements to law enforcement without first consulting with an experienced DUI attorney.
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What happens if I refuse a breathalyzer in California?

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Answered by attorney Terry Alan Nelson (Unclaimed Profile)
DUI/DWI lawyer at Nelson & Lawless
No mystery there. Refuse the test and lose your driver's license for a year, automatically, no appeal. You also PO the police and prosecutor with your attitude / stupidity, and thus suffer in plea bargaining.
No mystery there. Refuse the test and lose your driver's license for a year, automatically, no appeal. You also PO the police and prosecutor with your attitude / stupidity, and thus suffer in plea bargaining.
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