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The short answer to this question is no: 

The field sobriety tests can be difficult or impossible evern if you are completely sober.  There are many factors that can inder a persons ability to perform on those tests. 

The officer needs evidence in order to properly arrest you for Driving Under the Influence.  The officer will not rely on you simply having an odor of alcoholic beverage on your person to arrest you.  He must observe you for a certan period of time, and if possible gather evidence from your performance on the field sobriety test.  I have seen very few people perform really well on those tests. 

Many times now the officer will be wearing both a body cam, and he will have a camera on his vehicle.   Both of these items will be turned over to your defense counsel as part of the discovery process.  This means that if this officer exaggerated how poorly you performed on the Field Sobriety Test than it will be apparent from the cameras that will be wathing you.   

Even for a first-time DUI, the penalties can be harsh, so as to deter the offender from a repeat offense. That is why California enforces some of the most serious and life-altering penalties for second, third, or any subsequent DUI offenses.

Your first step towards protecting yourself if you been charged with a multiple DUI offense is to get in touch with me, Attorney Gerald Schwab, Jr. As a Fresno DUI lawyer, I can provide you with the incisive and relentless defense you need during this challenging time. I understand that the consequences for a subsequent DUI can be very damaging to your reputation, limiting many future opportunities. Whether you are facing your second or your fourth offense, be sure to get in touch with my firm as soon as possible!

Consequences for Multiple DUIs

DUI's are considered "wobbler" offenses. This means that, depending on the circumstances, they can be either a misdemeanor or felony. However, if you are facing a possible third DUI charge, it will automatically be considered a felony. Once you go above three DUI offenses, you will face increasingly enhanced penalties.

You could be up against the following penalties:

  • Second offense: Between 10 days and a year in jail, up to $1,800 in fines, 2-year license suspension, and mandatory ignition interlock device.
  • Third offense: Between 120 days and a year in jail, up to $1,800 in fines, 3-year license suspension, and mandatory ignition interlock device.
  • Fourth offense: 16 months in jail, up to $18,000 in fines, 4-year license suspension, and mandatory ignition interlock device.

Keep in mind, the lookback period in California is 10 years, which means if you are charged within that time, it will count as a subsequent offense. Any charges that fall outside of that time period will not be counted against you. While jail time and fines can be frustrating, possible the most challenging penalty is having your driving privileges taken away. In order to protect yourself from such repercussions, you need fierce legal representation from a proven advocate.

Get proven defense on your case—call my firm today!

Having worked for more than a decade as a Fresno DUI lawyer, I have secured numerous case acquittals in some of the most difficult criminal cases imaginable. That is because I am a former military member, and I use that experience to fight aggressively for you. I know my way around the courtroom and can fight for you the minute your case goes to trial.

When facing multiple DUI charges, trust me, Attorney Gerald Schwab, Jr., to handle your case. Call today for your free consultation!

Being convicted of possession of a controlled substance can threaten your freedom by putting you behind bars and leveling heavy fines against you. When you are arrested, you should seek out a Fresno criminal defense lawyer you can trust to put together a strong and effective defense to protect your freedom. At the Law Office of Gerald Schwab, Jr. my firm can fight on your behalf to prevent a conviction and secure your freedom.

Charged with drug possession? Call my firm for trusted legal advice!

When you are arrested, you want an attorney who is not surprised by criminal charges. In my many years of practicing law, which includes experience as a former deputy district attorney and probation officer, I have handled countless criminal cases. As a result of this extensive experience and the positive results I have achieved for my clients, I have been rated Superb by Avvo and have been listed as a member of The National Top 100 Trial Lawyers.

What is drug possession?

Possession refers to having illicit substances under your control which does not necessarily mean on your person but could include drugs found near you or in your home or vehicle—anywhere under your "control" and readily accessible.

Controlled substances are broken down into separate classes or "schedules" based on their potential for abuse and degree of medicinal utility. Penalties for possession of such substances follows accordingly. My firm can explain in detail your charges and the penalties you face.

California drug schedules break down as follows:

  • Schedule I—opiates, marijuana
  • Schedule II—raw opium, morphine
  • Schedule III—pentobarbital, anabolic steroids
  • Schedule IV—diazepam, zolpidem
  • Schedule V—low doses of codeine

Whether your charge is considered an infraction, misdemeanor, or felony depends in large part on the circumstances specific to your case. Having previous drug convictions or if a weapon was involved can increase your penalties even if you were charged with possession of only a small amount of an illegal substance.

Get My Firm on Your Side

You need a quality Fresno drug possession attorney from my firm when you are arrested. My firm can contest your charges in court or in a negotiation with the prosecution. If you had no knowledge of the drugs' existence or if they were not immediately accessible to you, your charges could be dismissed and your case thrown out.

In addition, if your charges cannot be dropped, I can work to have your penalties reduced by pushing to have you participate in a drug treatment program and probation rather than serve jail time. When you are facing serious drug possession charges, my firm can fight to protect your freedom and keep your criminal record clean!

Call me today and I can discuss your legal options with you during an in-person consultation.


Were you arrested by the law enforcement for a drug crime? You have the legal right to obtain counsel and protect yourself from these charges! Drug crimes are one of the most heavily punished crimes in California. You could be facing local, state, and even federal charges, which is why you need a seasoned and proven advocate on your side. More than that, you need an attorney who has a solid foundation in handling drug crime cases and knows how to handle these types of cases in and out of the courtroom.

That is why you should call the Law Office of Gerald Schwab, Jr. for vigorous and aggressive defense. With over a decade of experience fighting for the rights of the criminally accused, I am prepared to take on your case. As a dedicated Fresno drug crime lawyer, I make sure to craft strategy defenses for my clients, no matter how complicated their case may be.

Let's discuss your case during your free, confidential consultation. Call today!

Defending All Types of Drug Crimes

A drug crime conviction can have numerous negative consequences, including jail time, large fines, and loss of other freedoms. Some of the most severe drug crimes can also be considered felonies, which bring even more severe repercussions. California's geographical location makes drug trafficking crimes much more common than people may realize, which is why law enforcement strives to crack down so hard on potential offenders.

Make sure you call on my firm for defense from the following:

  • Sales
  • Possession
  • Manufacturing
  • Trafficking
  • Distribution
  • Doctor shopping
  • Possession of paraphernalia

From marijuana to methamphetamines, I am equipped to take on cases involving any type of illegal substances. My firm can even provide counsel for those facing prescription drug charges or similar offenses. Drug crimes bring unique legal challenges and obstacles, so make sure you have a legal representative that is skilled enough to handle your case.

Schedule Your Free Consultation Today

No matter what your charges are, it is critical that you speak with me about your case. When you come to my firm, I can meticulously review your charges and work to uncover the best possible defense tactics for your case. As a former probation officer and district attorney, I bring a unique level of insider knowledge that many other legal professionals simply cannot offer. The bottom line is that I am here to fight against your charges and clear your name.

Bring your case to my firm today to discuss what your next steps should be. Schedule a free consultation now.

Contact Us

If you are facing charges for a crime, we are the right firm for you. Let us evaluate your case for free.

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Client Testimonials

  • I have always been apprehensive about utilizing the services of a lawyer; however, circumstances didn't give me a ... Criminal Defense client
  • Jerry is very professional, easy to approach, and easy to talk to. He gives realistic advice and possible solutions, ... Matthew
  • Mr. Schwab is one of Fresno's best criminal defense attorneys in my mind. He is reliable and hardworking. He fights for ... Education client
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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418