Brian C. Andritch

Brian C. Andritch is a Fresno area criminal defense attorney who represents those accused of crimes in both state and federal court. Mr. Andritch was born and raised in California's Central Valley and has practiced criminal law in Fresno County since 2000. Mr. Andritch was a Deputy District Attorney for Fresno County for almost eight years and served as the President of the Fresno County Prosecutors Association.

As a Deputy District Attorney, Mr. Andritch prosecuted a wide range of criminal cases, from misdemeanor DUI's to serious felonies including  sex offenses and three-strikes cases. For two years, he was assigned to a special prosecutions position in which he was responsible for prosecuting repeat-offender DUIs and DUIs resulting in injury or death.  During the course of that assignment, he prosecuted more than 200 felony DUI cases.

Mr. Andritch is also a former Deputy City Attorney for the City of Fresno, during which time he prosecuted municipal code violations and served as the Assistant Legal Advisor to the Fresno Police Department.

Mr. Andritch was recently honored as a "Rising Star" in criminal law by the Northern California edition of Superlawyers magazine, which recognizes the accomplishments of attorneys under 40 years of age. Mr. Andritch was the only criminal law attorney in Fresno County to receive this honor.

Areas of Practice

• 100% Criminal Law - Felony, Misdemeanor Cases
• Violent Crimes - Assault, Sexual Crimes
• White Collar Crimes - Theft Offenses, Drug Cases
• Three Strikes Cases

Litigation Percentage

• 100% of Practice Devoted to Litigation

Bar Admissions

• State of California, admitted in 1999
• Certified Criminal Law Specialist by the State Bar of California 
• United States District Court Eastern District of California, admitted in 2008

Education

• McGeorge School of Law, University of the Pacific, Sacramento, California
• Juris Doctorate, 1998
• California State University, Fresno, California
• Bachelor of Science in Agricultural Business, 1995

Honors and Awards

• "Superb" rating by AAVO
• Northern California Superlawyers Rising Stars, 2009 - Present
• Outstanding Service Award, Mothers Against Drunk Driving, 2006

Professional Associations and Memberships

• State Bar of California
• Fresno County Bar Association
• California DUI Lawyers Association

Past Employment Positions

• Law Office of Jeffery T. Hammerschmidt, Associate, 2008-2009
• Fresno County District Attorney's Office, Deputy District Attorney, 2000-2008
• City Attorney's Office, City of Fresno, Deputy City Attorney, 2001

Arrested and Charged with DUI in Fresno?

Being stopped by law enforcement, arrested, and charged with a DUI offense is an upsetting and frightening experience.  However, it is only the beginning of what can become a very serious legal matter.  A DUI charge is not necessarily just a minor inconvenience.  If convicted, that conviction will be reflected on your criminal record, and you will face the suspension or revocation of your driver's license, jail time, or community service, and you will have to enroll in a DUI class.  In addition, a substantial fine will be imposed by the court if you are convicted.  It is important that you seek legal representation from a Fresno DUI defense lawyer as quickly as possible after your arrest in order to begin defending yourself against the charges.  Attorney Brian Andritch is dedicated to assisting individuals charged with DUI crimes and fighting those charges.  Mr. Andrritch will provide outstanding legal representation and a strong defense, backed by the experience and knowledge gained as a former prosecutor seasoned in handling DUI cases.   

DUI Defense Lawyer in Fresno

Many DUI charges are dismissed or reduced as a direct result of the efforts of a skilled DUI defense lawyer.  Attorney Brian Andritch is well versed in defending all types of DUI charges, and possesses a thorough understanding of all legal aspects relating to such charges.  As a former Deputy District Attorney for the County of Fresno, Mr. Andritch has the knowledge and experience necessary to handle any and all types of DUI charges faced by his clients, and will initiate a strong defense on your behalf.  The following are some of the areas in which Mr. Andritch can assist clients facing DUI related matters:  

• DUI Process
• DMV Hearings
• DUI Penalties
• Field Sobriety Tests
• Blood & Breath Tests
• 2nd, 3rd, & 4th Arrests
• Felony DUI
• Vehicular Manslaughter
• Boating Under the Influence

Never attempt to handle with a DUI charge against you without legal representation.  Some people opt to give up and let the justice system run its course, only to later regret it.  Just because you have been charged with a DUI does not mean you will be convicted of the charge.  Many DUI arrests are flawed in one respect or another, which can provide the perfect opening for an aggressive, effective defense.  For example, an officer must have probable cause to stop your vehicle.  Overzealousness on the part of law enforcement can result in the violation of an individual's rights, and if that occurs, it is imperative that the stop or arrest be challenged in court.  Also, there can be issues with the accuracy of the breathalyzer used to test your blood alcohol concentration level.  It is important that you safeguard your rights by contacting an experienced criminal defense attorney. 

Each case must be fully reviewed in order to determine what defense options are available to you, and which defense options are the best and strongest given the case against you.  An experienced defense attorney will negotiate on your behalf and fight for your rights, including your ability to keep your driver's license so that you can continue to legally drive.  Do not plead guilty to a DUI charge without first having your DUI case reviewed by an experienced criminal defense attorney.

Contact Brian Andritch, Fresno DUI Defense Attorney, if you have been arrested and charged with DUI in the Fresno area.

The DUI Process in Fresno

Each DUI case moves through a very specific process.  Understanding the DUI process and how the system works can help you determine how you want to handle your DUI charges.  DUI cases are complicated because they involve scientific evidence and expert testimony, in addition to the arresting officer's testimony.  It is strongly recommended that you have a Fresno DUI defense lawyer assist you in defending yourself against the charges, and guide you through every step of the criminal process to ensure that your rights are safeguarded and the damage to your life and reputation are minimized to the fullest extent possible.  The DUI process is summarized below:

Traffic stop:  Most DUI cases begin with a routine traffic stop for a traffic violation, such as speeding, running a stop sign, failing to use your turn signal, making an illegal turn, or failing to wear your seatbelt.  A problem with your vehicle such as a cracked windshield, a broken tail light, or not having a front license plate may also result in a traffic stop.  Further, police officers are trained to look for driving patterns that, according to the National Highway Transportation and Safety Administration, indicate a driver may be impaired.  Some of these suspicious driving patterns include weaving, straddling a lane, turning with a wide radius, drifting, stopping too far from or too close to the limit line, and driving too slowly, and can result in a traffic stop.  

Some DUI cases begin with a stop at a Sobriety Checkpoint.  In the landmark case of Ingersoll v. Palmer, the California Supreme Court ruled that sobriety checkpoints are constitutional if law enforcement complies with certain guidelines.  These guidelines, often known as the Ingersoll guidelines, include limits on the discretion of the field officers, the time and duration of the checkpoint, and the length and nature of the detention; and require that decisions be made at the supervisory level, safety conditions be maintained, the location be reasonable, the nature of the roadblock be indicated, and there be advanced publicity.

The Testing:  The police officer will most likely ask you if you have been drinking, and if so, what you were drinking, when you were drinking, and how much you were drinking.  The entire time a police officer is speaking to you, he or she is looking for clues of intoxication, including an odor of alcohol on your breath, red or watery eyes, and slow, slurred speech.  If the police officer suspects you are intoxicated, he or she will then ask you to complete a series of Field Sobriety Tests, which include the horizontal gaze nystagmus, the walk and turn, and the one-leg stand.  Following completion of the field sobriety tests, if the law enforcement officer finds that you "failed" the tests, a determination which can be extremely subjective, you will be arrested and asked to take a chemical test, usually a breathalyzer or blood test. 

Booking:  You will be taken to a police facility or jail where you will be booked.  This means you will be fingerprinted, photographed, and jailed.  If you are lucky, you will be released from jail, cited, and given a court date.  If not, you will remain in jail at least until you are taken before a judge or you post bail.  

The Arraignment:  If the District Attorney's Office files a criminal complaint charging you with DUI, you will have to go to court.  The first court hearing is the arraignment.  This is a formal hearing where you will be advised of the charges filed against you and you will enter your plea.  If bail is going to be set, this often takes place at the arraignment.  Some people are freed on their own recognizance, while others may have bail set.  Whether or not bail is set depends on a variety of factors including your criminal history and the nature of the charges filed against you.

DMV Hearing:  Unless you request a hearing with the Department of Motor Vehicles within 10 days from the date of your arrest, your license will be suspended.  A DMV hearing is an administrative hearing at which the DMV must prove the following three issues by a preponderance of the evidence: (1) the law enforcement officer had reasonable cause to believe you were driving a motor vehicle in violation the DUI laws; (2) you were lawfully arrested; and (3) your blood alcohol content was .08 percent or more.  If you contact attorney Brian Andritch within 10 days from the date of your arrest, he will make sure a DMV hearing is requested and will personally handle the hearing to defend your right to keep your driver's license. 

The Trial:  Not all attorneys have the trial experience necessary to defend your case.  As a Deputy District Attorney for almost eight years, Mr. Andritch gained valuable trial experience, and is comfortable in the courtroom and in front of a judge and jury.  At trial, the prosecution must prove beyond a reasonable doubt that you were driving a motor vehicle and that you were impaired while doing so.  Mr. Andritch is knowledgeable on the rules of evidence, and will challenge the prosecution's evidence and present his own defense experts at trial to attack the prosecution's case and expose its weaknesses. 

The Sentencing:  If you plead guilty or are convicted, a judge will sentence you.  At the sentencing, the judge will decide whether or not to grant probation or place you in jail or prison.  For first offense misdemeanor DUIs, punishment can include a maximum of 6 months in jail and for first offense felony DUIs, punishment can include up to 3 years in state prison.  Some of the factors a judge weighs at the sentencing are whether or not you have a criminal history, what you have done since being arrested, and the seriousness of the offense.  Without question, representation by an experienced DUI defense attorney positively impacts your case and increases your chance of obtaining a more favorable sentence. 

Experienced DUI Defense Lawyer in Fresno: The Law Office of Brian C. Andritch

California DUI Penalties

What are the Penalties for DUI in California?

The penalties for DUI convictions in the state are extremely severe, and are outlined below:
First DUI: 
Driver's License Suspension for six months
Incarceration:  48 hours to six months in county jail
Fines & Fees:  $390 to $1,000 criminal fine, plus additional fees and assessment totaling approximately $1,800
Probation:  3 - 5 years
30 hour DUI class

Second DUI:
Driver's License Suspension for 2 years, eligible for restricted license after a year
Incarceration:  96 hours up to 1 year in county jail
Fines & Fees:  $390 to $1,000 criminal fine, plus additional fees and assessment totaling approximately $1,800
Probation:  3 - 5 years
Ignition Interlock Device installed for up to 3 years
Possible Vehicle impound and seizure
18 or 30 month DUI class

Third DUI:
Driver's License Revocation for 3 years
Incarceration:  120 days up to 1 year in county jail
Fines & Fees:  $390 to $1,000 criminal fine, plus additional fees and assessment totaling approximately $1,800
Probation:  3 - 5 years
Ignition Interlock Device installed for up to 3 years
Possible vehicle impound and seizure
18 or 30 month DUI class

Fourth DUI (Charged as a Felony):

Driver's License Revocation for 4 years
Incarceration:  up to 3 years in state prison
Fines & Fees:  Fines & Fees:  $390 to $1,000 criminal fine, plus additional fees and assessment totaling approximately $1,800
Ignition Interlock Device installed for up to 3 years
Designated as a habitual offender pursuant to California Vehicle code Section 23550(b)
Possible Vehicle impound and seizure
18 or 30 month DUI class

Convictions for a DUI with an injury or a DUI with a fatality result in even more extreme penalties than those listed above. Any DUI charge requires legal representation from an experienced Fresno DUI defense attorney.

Fresno DUI Defense Attorney Protecting your Rights: the Law Office of Brian C. Andritch

In California, the penalties are severe for those who are convicted of driving while under the influence of drugs or alcohol. Even a first offense is a serious legal problem, and the charge requires handling by an experienced defense attorney. Attorney Brian Andritch is a former Deputy District Attorney who has extensive courtroom experience and has handled extremely difficult cases, including DUI cases resulting injuries and fatalities. Mr. Andritch now dedicates his legal practice to protecting the rights of those arrested and charged with DUI. Mr. Andritch will personally review the facts of your case, evaluate your legal options, and aggressively fight to protect your rights.

Contact a Fresno DUI Defense Attorney Brian Andritch if you have been arrested and charged with DUI and are seeking an aggressive, proven DUI defense lawyer.

About DMV Hearings

DUI Defense Attorney in Fresno Representing Clients in DMV Hearings

After you have been arrested for DUI, your driver's license will be taken by law enforcement.  You will be issued a temporary driver's permit if you are eligible.  Unless you request a hearing with the DMV within 10 days from the date of your arrest, your license will be suspended.  The length of a license suspension for a first offense DUI is 4 or 6 months, depending on whether a restricted license is requested.  Subsequent offenses result in lengthier suspensions.  A DMV hearing is not a court hearing in your DUI criminal case.  It is an administrative hearing where the DMV must prove the following three issues by a preponderance of the evidence: (1) the arresting officer had reasonable cause to believe you were driving a motor vehicle in violation the DUI laws; (2) you were lawfully arrested; and (3) your blood alcohol content was .08 percent or greater.   

At the DMV hearing, Mr. Andritch will challenge the DMV's evidence against you and if appropriate, submit additional evidence challenging the DMV's case.  With the assistance of a skilled Fresno DUI Defense Attorney, you may be able to keep to your driver's license. 

DMV Hearing Attorney in Fresno:  The Law Office of Brian C. Andritch

If you do not request a DMV hearing within 10 days of your arrest, your driver’s license will automatically be suspended. If you are caught driving on a suspended license, you will be charged with a new crime, which may make it more difficult to get your license back.

A DMV hearing is not a court hearing in your DUI criminal case. It is a separate administrative hearing. It is crucial that you retain a qualified attorney to protect your rights both at the DMV hearing and in court. Attorney Brian Andritch has the skills and experience necessary to fight for your rights, and has assisted countless individuals in retaining their driver’s licenses and avoiding a conviction in court.

Contact Brian Andritch, Fresno DMV Hearing Attorney, if you have been arrested and charged with DUI and need legal representation for the DMV hearing.

Field sobriety tests such as the horizontal gaze nystagmus, the walk and turn, and the one-leg stand are used by law enforcement to help determine whether or not someone is under the influence.  However, field sobriety tests are very subjective and are often disproven as valid methods of determining impairment.  As a Deputy District Attorney assigned to a special repeat felony DUI prosecution grant, Brian Andritch received special training on the proper administration of field sobriety tests.  Mr. Andritch continues to receive training in this area, including on how to attack the reliability of field sobriety tests in court.  Field sobriety tests are well known for their difficulty in being correctly administered and for being highly subjective.  In its review of field sobriety tests, the National Highway Transportation Safety Administration found that the test considered to be the most accurate, the horizontal gaze nystagmus, is only 77% accurate even when correctly administered.  There are a significant number of variables that can affect these tests and which are not related to being intoxicated.  If your DUI charge is partially based on field sobriety tests, it is likely that a strong defense can be initiated on your behalf by Mr. Andritch.  Mr. Andritch personally reviews every DUI case to determine if the field sobriety tests were properly administered and evaluates the potential for challenging the tests' validity in court.  If you have been arrested for DUI, it is extremely important that you contact Brian Andritch, a Fresno DUI defense lawyer, to review your case. 

DUI Defense Lawyer in Fresno - Field Sobriety Testing and Court Challenges

It is surprising how often field sobriety tests are incorrectly administered by law enforcement.  For example, field sobriety tests are supposed to be given on a flat surface and away from traffic.  In practice, field sobriety tests are often administered on the side of an unlevel road with traffic whizzing by.  There are many factors that can affect one's ability to "pass" these tests but which have nothing to do with intoxication, such as fear or nervousness, medical problems, or simply not being properly instructed by law enforcement. 

Evidence of intoxication that is partly based on field sobriety testing can often be challenged in court.  Attorney Brian Andritch is prepared to fight for your rights and challenge unreliable evidence against you.  In many cases, evidentiary challenges are successful and result in the charges being reduced or dismissed.  It is crucial that you obtain experienced legal representation if you underwent field sobriety testing and were then charged with DUI.

Contact a Fresno DUI Defense Attorney Brian C. Andritch if you had field sobriety tests administered and were then arrested on a DUI charge.

About Boating Under the Influence Charges

Fresno Boating Under the Influence Defense Attorney

In California, the laws governing the operation of a watercraft while under the influence are essentially the same as the DUI laws for motor vehicles.  The blood alcohol concentration must be below .08 percent to be legal, and if you are operating a commercial watercraft, the limit is .04 percent.  Boating is a dangerous sport and because most individuals are not out on the water on a regular basis, their ability to operate a boat is not equal to their ability to operate a motor vehicle, leading to extremely serious accidents when they do occur.  Boating accidents often result in fatalities or serious injuries, including brain damage because the victim was under water for a time after being knocked from a boat and rendered unconscious.  Being arrested and charged with Boating Under the Influence (BUI) is a serious charge.  If convicted, it will count as a prior DUI on any subsequent DUI offense you may be charged with.  

BUI Defense Lawyer in Fresno

Operating a boat while under the influence is a crime.  There are almost one million boats and other watercrafts registered in California, and there are numerous recreational boating sites around the Fresno area.  At areas like Bass Lake, Millerton Lake, Huntington Lake, Shaver Lake, Pine Flat Lake, and the Kings River, law enforcement officers are on the lookout for individuals boating under the influence.  Mr. Andritch has been a recreational boater since early childhood, and is intimately familiar with boating rules and regulations.  While the consequences of a BUI charge are similar to those of a DUI charge, there are some subtle differences and not all DUI attorneys are aware of those differences.  For example, a BUI arrest does not trigger the suspension of your driver's license with the DMV.  Also, it may be possible to enter a diversion program for a BUI.  Mr. Andritch is a proven Fresno BUI defense attorney, and is familiar with all aspects of BUI charges. 

There are defense options available to those charged in a boating under the influence case.  Mr. Andritch will thoroughly review your case and the evidence against you, and will advise you of what strategy is best employed to help you defend against the charges.

Contact a Fresno Boating Under the Influence Defense Attorney  Brian Andritch today.

Criminal Defense FAQS

Do I need a lawyer for a first DUI charge?

If you want to reduce the potential damage to your future and your life from a DUI conviction, it is strongly advised that you contact an experienced criminal defense attorney for assistance in defending you.  If you do not defend yourself and simply plead guilty, you are at the mercy of the court regarding the sentence you receive.  Attorney Brian Andritch can assist you by fighting the charge, seeking to reduce the charge, or pursuing alternative sentencing options, depending on the circumstances of your case.  DUI cases are a high priority for law enforcement agencies in the Fresno and surrounding areas, and they are taking a hard stand against anyone cited for or charged with driving while intoxicated.  However, this does not mean that you cannot successfully fight the charge, depending on the circumstances of your case.  Your choice of attorney can be critical to the outcome of your case.

What if I already have a previous DUI conviction and am arrested again?

This is potentially a very serious situation.  In California, the penal code provides for enhanced penalties against repeat offenders, and if convicted, you may face jail time and a steep fine, in addition to community service and a court ordered alcohol treatment program.  It is advised that you contact attorney Brian Andritch for a consultation and to obtain legal assistance in fighting this potentially serious charge.  Your first call after your arrest should be to an experienced criminal defense attorney, who can begin taking the legal steps necessary to protect your rights and minimize the potential for serious damage to your future and life.

What if I am being investigated for a serious crime, but have not been arrested?  

If you are under investigation for committing a criminal offense, you will most likely be arrested at some point.  Do not speak to any state or federal investigators without first retaining an attorney to protect your rights.  That seemingly friendly investigator is definitely not on your side.  He or she is looking for information to use to arrest you.  If you have been contacted by a law enforcement investigator or otherwise become aware that you are under investigation, you need to contact an experienced Fresno criminal defense lawyer without delay. 

Do I still need an attorney if I am not guilty of the crime?

If you have been arrested and charged with a crime, you cannot assume that you will not be convicted even though you did not commit the crime.  If you have been charged with a crime, the District Attorney's Office believes that there is sufficient evidence to convict you of that crime.  You would not be the first person found guilty of a crime you did not commit.  The failure to obtain legal counsel increases your risk of being convicted, regardless of your innocence.  If you have been arrested and charged with a crime in Fresno County or a neighboring county, it is critical that you obtain legal representation to protect your rights, and that you do so as quickly as possible after you are arrested.  A strong defense begins immediately after arrest.

I have an earlier felony conviction and have been arrested again.  What will happen?

If you have a past felony conviction on your criminal record and are convicted of a new criminal charge, you may face enhanced penalties at sentencing.  This is potentially a very serious situation that exposes you to the possibility of being sentenced under California's Three Strikes law.  Attorney Brian Andritch will review and evaluate your case, and advise you on how to best proceed to protect your rights and minimize your risk of facing harsh penalties, including prison time.  It is imperative that you seek the assistance of a skilled lawyer with the experience to properly assess your case and present the best defense possible against the charges.

What can the Law Office of Brian C. Andritch help me with?

The firm assists clients charged with all types of criminal offenses, from misdemeanor DUIs to serious felonies, including the following:

DUI Defense:

• DUI Process
• DMV Hearings
• DUI Penalties
• Field Sobriety Tests
• Blood & Breath Tests
• 2nd, 3rd, & 4th Arrests
• Felony DUI
• Vehicular Manslaughter
• Boating Under the Influence

Criminal Defense:

• Being Investigated 
• Drug Crimes
• Theft Crimes
• Assault & Battery
• Sex Crimes
• Expungements
• Domestic Violence
• Three Strikes
• Federal Crimes