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San Jose DUI Lawyers

• Kirkchick, Stuart: Having your driver's license suspended is no small matter. Within 10 days after arrest for DUI, a driver faces possible automatic suspension of his or her driver's license by the Department of Motor Vehicles (DMV). The period of suspension can range from four months to one year.
• Vertner & Dell: There are laws to protect your rights no matter what the charges against you may be.
• Rickard, Stephanie: Driving under the influence may result in several different charges being filed. Unless someone is injured or has prior convictions, the charges are generally filed as a misdemeanor. The following two charges are common: It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. VC 23152(a) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. VC 23152(b) If you were in an accident and someone was injured, you may be charged with a much more serious offense, either as a misdemeanor or felony. (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
• Maureen Baldwin: California has two separate procedures for DUI cases. You can have your court case dismissed or never filed on by the prosecutor and still have a separate battle with the DMV to keep your drivers’ license. When someone is arrested for driving under the influence, their license automatically gets suspended in 30 days time unless you request a DMV hearing within 10 days of the arrest.   DUI cases are not popular cases to try to a jury because so many people know someone injured by some combination of alcohol and automobiles. In addition, the blood and breath testing make it hard to rebut the presumption that a person is under the influence if there is .08% alcohol in their blood. Generally a case will not be filed if the results show less than that amount.
• Merrisa L. Coleman-Bishop: If you've been stopped for any California drunk driving offense, you already know that you're in serious trouble. You've probably spent a night or two in jail, and your driver's license has already been suspended. It can get worse from here. For dependable advice and skilled representation on an alcohol-related driving charge in the Bay Area, contact a San Jose DUI lawyer...
• Emily Wang: DUI
  
  The California DMV records DUI convictions for a minimum of 10 years. A DUI on your
  record can potentially lead to higher auto insurance premiums, and can also jeopardize your
  credit rating and employment.
  DUI penalties rapidly escalate if you have had prior DUI convictions, were stopped for
  speeding, had an accident while driving under the influence or other factors.
  
  
  I'VE JUST BEEN ARRESTED FOR DUI. WILL THE DMV SUSPEND MY LICENSE?
  
  You have the right to request a hearing from the DMV within 10 days of receipt of the
  suspension or revocation order. If the review shows there is no basis for the suspension or
  revocation, the action will be set aside. You will be notified by the DMV in writing only if the
  suspension or revocation is set aside following the administrative review.
  
  If you lose the DMV APS hearing:
  
  • A first offense will result in a 4-month suspension. (you must wait 30 days from the start
  of the license suspension before you can apply for a restricted license.
  See Vehicle Code 13353.7 . To get the restricted license, you must (1) be enrolled in the 3
  month first offender alcohol program, (2) have your  SR-22 proof of insurance, and  (3) Pay
  the DMV fee.
  
  • A second offense will result in a 2 year license suspension.. (You can apply for
  a restricted drivers license in as early as one year. See Vehicle Code 13352(a)(3). To get the
  restricted license, you must (1) be enrolled in the 18 month alcohol program, (2) have your
  SR-22 proof of insurance, (3) Pay the DMV fee and (4) have installed an ignition interlock
  device on your vehicle. The restricted license allows you to drive to work, school and an
  alcohol program during the balance of the two-year suspension period.
  
  •A third offense will result in a  three-year drivers license suspension. (If you do get hit with
  the three-year license suspension, you may obtain a restricted license in as early as 18 months.
  But you must first have completed at least the initial 12 months of an 18-month or
  30-month alcohol program (depending on which one the court imposes). You must also
  have your SR-22 proof of insurance, have an ignition interlock device installed in your car,
  and pay a $125 fee to reissue your drivers license.
  
  If you were 21 years of older at the time of arrest and you refused or failed to complete a
  blood or breath test, or (if applicable) a urine test:
  
  •        A first offense will result in a 1-year suspension.
  •        A second offense within 7 years will result in a 2-year revocation.
  •        A third or subsequent offense within 7 years will result in a 3-year revocation.
  
  If you were under 21 years of age at the time of being detained or arrested and you refused
  or failed to complete a PAS test or other chemical test:
  
  •        A first offense will result in a 1-year suspension.
  •        A second offense within 7 years will result in a 2-year revocation.
  •        A third or subsequent offense within 7 years will result in a 3-year revocation.
  
  CRIMINAL PUNISHMENT FOR A FIRST TIME DUI:
  1st Offense, No prior DUI Offense
  
  * License Suspension: 6 Months
  * Probation: 1-5 Years
  * Mandatory Alcohol Classes: 3 to 9 Months
  * Fines: $390.00 to $1,000.00
  * Possible Jail: 0 to 6 Months
  
  Second Offense within 10 years
  
  * Possible Jail: 96 hours to 1 Year
  * License Suspension: 2 Years
  * Mandatory Alcohol Classes: 18 Months
  * Fines: $390.00 to $1,000.00
  * Probation: 1-5 Years
  
  Third Offense within 10 years
  
  * Possible Jail: 4 Months to 1 Year
  * License Suspension: 3 Years
  * Multiple Offender DUI school: 18 Months
  * Fines: $390.00 to $1,000.00
  * Probation: 1-5 Years
  
  Fourth Offense within 10 years
  **Can be filed as a felony
  
  * Possible Jail: 6 Months to 3 Years
  * License Suspension: 4 Years
  * Multiple Offender DUI school: 18 Months
  * Proposed Fines: $390.00 to $1,000.00
  * Probation: 1-5 Years (or state prison)
  
  In some cases, a DUI can be reduced to a wet reckless, or dry reckless, speeding or drunk in
  public.  
  
  Potential benefits of pleading to a "WET RECKLESS" Vehicle Code § 23103 and 23103.5 . :
  
  *Lesser or No Jail Time
  *Shorter Probation Period
  *Shorter Alcohol Program
  *Court is not required to restrict or suspend driver's license
  
  However, keep in mind that a Wet Reckless is still priorable for 10 years and will be viewed
  as a DUI if you are later charged with another DUI.
  
  DUI With Injury Defined
  
  An intoxicated driver who causes an accident in which another person is injured can be
  charged with "drunk driving with injury." California Vehicle Code Section 23153 defines the
  offense:
  
  It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or
  the combined influence of any alcoholic beverage or drug [or with a BAC of .08 or higher],
  to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed
  by law in driving the vehicle, which act or neglect proximately causes bodily injury to any
  person other than the driver
  
  More Serious Penalties for "DUI With Injury"
  
  The charge of DUI with injury carries much more serious consequences than a standard first
  time DUI offense. If the district attorney charges it as a misdemeanor, a client faces up to a
  year in jail (plus the other standard DUI penalties). If the district attorney charges it as felony
  DUI, a client faces up to 3 years state prison (plus an additional year for each additional
  person who is injured).
  
  Also note that if any of the injured parties has serious injuries, a DUI client may be charged
  with a "great bodily injury" enhancement. This is significant becuase this adds up to three
  additional years of state prison.
  
    **The "great bodily injury" enhancement makes the DUI offense a strike under California's
  Three Strikes law.
  
  
• Nan Bucknell: Getting charged with a DUI was never supposed to happen to you. You just aren't the irresponsible type who drinks too much, then puts others in danger by getting behind the wheel. Most first-time DUI offenders don't understand the charges against them, because they simply didn't know they were over the .08% BAC (blood alcohol content) limit under California law. Now that you have been charged, how do you protect your rights and your driving privileges? Keeping your good record clear of a conviction is a serious concern.
• Mark Blair: Avoid jail! Save your license! Clean up (expunge) your past record!
• Steven Kim :

  If You Want To Avoid A Drunk Driving Conviction, Don't Drive Drunk
  Obviously, if you want to avoid a drunk driving conviction, don't drink or use drugs before operating an automobile. Of course, sometimes you won't be able to avoid mixing drinking and driving. You still have many options. Obviously, a designated driver is a great way to go. But if you happen to be with a group where even your designated driver has had a few drinks, you still have options. First, consider public transportation or a cab. No matter what it costs you to get a ride back home and then return the next day for your car, it'll cost you a lot less than a fine, a suspended driver's license, and a possible jail sentence. If you need a reminder about the serious consequences you'll face if you're convicted of drunk driving, you can read about DUI penalties or the DUI laws in your state.

  In addition, there are a number of companies springing up throughout the country that specifically cater to individuals who need a ride home. One company uses individuals dressed up in chauffeurs' uniforms on scooters who will drive to your location if you can't drive home, fold up their scooter and put it in your trunk, and then drive you home in your own car. Again, this is not cheap, but would rather have a criminal conviction on your record?

  If you absolutely can't avoid driving while under the influence of drugs or alcohol (and we are certainly not advising you to do so), you obviously have to be extra cautious, obey all traffic laws, make sure all of your lights are on (if required), and that your car is operating properly. If you don't follow these precautions, you'll give the police reasonable cause to pull you over and test you for DUI.

• Allen Speare: You should consult an attorney for individual advice regarding your own situation.
• Lipton Law Office: Did you Know?
  An experienced DUI attorney can prove that the officer's observations, and the chemical (breath & blood) tests are inaccurate.
  
  
  Why should you hire an attorney?
  
  1. Save driving privileges
  2. Reduce fines
  3. Reduce charges
  4. Avoid Jail or prison
  5. Avoid public work service
  
  How can an attorney help?
  An experienced attorney can do many things to challenge and disprove the evidence against the accused.

  Review the calibration and maintenance records of the machine. It is falsely believed that these machines are infallible. People forget that these machines are made of up of metal, plastic, and silicon. To believe that they always work, every time, is like believing your car will never break down. Machines don't always work properly.
  
  File pretrial motions to suppress the evidence. These motions, when argued successfully, almost always result in the DUI case being dismissed.
  
  Retest the blood by a private lab.
  
  Hire an analyst to determine if the driver's blood alcohol concentration (BAC) was rising. This defense may prove that the driver's blood was actually less than California's .08 % limit, at the time of driving.
  
  Photograph the scene the arrest. This may be helpful in showing that the ground was not level when the driver was performing the field coordination tests.
  
  Effectively cross-examine the officer to expose mistakes and inaccuracies in the gathering of evidence.

  
  What can the attorney do?
  The attorney can represent the driver in COURT. The goal should always be to get either a reduced charge in a plea bargain, or take the case to trial. Of course, the client always makes the final decision whether to accept the plea bargain or not.
  
  The attorney can also represent the driver at the DMV. In California, a driver will suffer a period of suspension for at least 30 days, and possibly more. Only an understanding of the law, and administrative procedure, will adequately defend the driver with the DMV.
  
  DMV Consequences
  Loss of driving privilege at least 30 days. There is no drive to work license for the period of suspension. A DMV suspension allows no driving for any purpose. A qualified attorney can represent you before the Department of Motor Vehicles to fight the suspension.

   

  What you must do within 10 days of being arrested:
  
  10. If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!
  
  Do not schedule yourself. If you contact DMV to schedule a date conflicting with your attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.
  
  9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.
  
  8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.
  
  7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.
  
  6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.
  
  5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.
  
  If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.
  
  4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date! The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.
  
  3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)
  
  Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.
  
  2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!
  
  1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!
  
  
  
  DRIVING UNDER THE INFLUENCE (DUI)
  
  DEFINED by California state law:
  
  California Vehicle Code 23152 (a)It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
  
  California Vehicle Code 23152 (b)It is unlawful for any person who has a 0.08 percent or more by weight, of alcohol in his or her blood to drive a vehicle.
  
  "UNDER THE INFLUENCE"A person is under the influence of an alcoholic beverage when as a result of drinking such alcoholic beverage his physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence, under the same or similar circumstances.
  

• Bernard Bray: If you face criminal charges, you are probably worried about your future and your family. The fact is, whether you are guilty or not, an experienced criminal defense attorney can change the course of your case.
• Ronald Berki: While there is no general emergency exception, certain emergencies justify performing a warrantless search or arrest. Under the "exigent circumstances" exception, police may perform a warrantless search or arrest where an emergency prevents them from obtaining a warrant. Emergencies that qualify as exigent circumstances include situations that make obtaining a warrant impracticable or unreasonable, such as: When police have reason to believe that someone's life is in danger (including their own) When police are in "hot pursuit" of a fleeing felon (e.g., to prevent a suspect from resisting or escaping) When there is probability that a suspect might destroy evidence before a search warrant can be obtained (e.g., flushing drugs down the toilet) When evidence is likely to disappear before a warrant can be obtained (e.g., a blood sample containing alcohol or fingernail scrapings) When there is a threat to property (e.g., burning fires)
• Martin King: The "Firmly Rooted" Hearsay Exception for Statements Against Penal Interest In applying the Roberts analysis to other questionable Confrontation Clause cases, the U.S. Supreme Court has made a distinction between the admissibility of statements against penal interest (under a "firmly rooted" hearsay exception) and the otherwise inadmissible statements of non-testifying accomplices that inculpate the accused. Specifically, the hearsay exception for statements against penal interest is a "firmly rooted" hearsay exception that passes muster under the Confrontation Clause if the following conditions are satisfied: Declarant is unavailable (due to an exemption, refusal, lack of memory, inability, or absence) Unavailability is not the result of wrongdoing by the party wishing to use the statement Statement was contrary to the declarant's penal interest at the time it was made A reasonable person in the declarant's position would not have made the statement unless it was true Upon satisfaction of these conditions, the parts of a non-testifying accomplice's confession that contain statements against penal interest do not violate the defendant's Confrontation Clause rights, and are usually admissible.
• Harmon Associates: In California a person is considered legally intoxicated if his or her blood alcohol level is 0.08 or above. The amount of alcohol in a person's blood and how it is processed is dependant on many factors including the person's sex, weight, alcohol tolerance, and medical history; as well as the amount of food the person has eaten and the type of drink consumed. The effects of alcohol are different in every individual, although some common symptoms of excessive alcohol consumption include slurred speech, decreased attention span, drowsiness, and blurred vision.
• Patience VanZandt: When you are charged with a crime, the government will work hard to obtain a conviction. The government will employ an experienced and skilled criminal attorney to prosecute you. You need an experienced and skilled criminal attorney to defend you.
• Peter Hubert: Many of my clients have never before been charged with a crime, and face, for the first time in their lives, the possibility of jail time and/or substantial fines. In addition to the possible incarceration and fines, there can be a stigma attached to being convicted of a crime. For example, upon conviction of a felony, an individual may lose many of his or her rights, including the right to vote and the right to own a gun. Even a conviction for a traffic offense, especially an alcohol related traffic offense, can lead to a dramatic increase in motor vehicle insurance premiums that can stay with a person for several years. It is easy to see how one mistake can taint the rest of a person's life.
• Edward Ajlouny: A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
• Hoang Law: Any violation of the California Vehicle Code gives police officers the right to pull you over, including but not limited to, speeding, registration, or driving too slowly. Moreover, some driving behaviors, although not in violation of the vehicle code, provides law enforcement the "reasonable suspicion" required by law to make an investigative stop, such as, weaving within the lane or driving in an erratic manner (driving around in circles.)
• Thomas Mueller: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
• Cindy Diamond: If you're in a car, the police need a specific reason to hit their red lights and pull you over. Be aware of the condition of your car and the rules of the road, to avoid giving them such a reason. The most common traffic violations that I've seen, which give the police reason to pull you over, are: no current registration tags, a brake light or headlight out, failing to signal while turning or changing lanes, failing to come to a complete stop, speeding, weaving (even within your own lane - that's considered "suspicion of drunk driving"), and changing lanes over a solid white line. If the police pull you over and you have not apparently violated any law, always be polite, but remember your case might be successfully challenged in court because your constitutional rights were violated.
• Hinkle, Jachimowicz & Pointer: If you have been arrested for a DUI in California, you have only 10 days to request a hearing at the DMV, or you will lose your license for up to four months, through complete revocation of your driving privilege, depending on the number of DUI's you have had. If you do not set a DMV hearing within 10 days, your license will be suspended for some period of time, regardless of what happens in court.
• Eric Norris: Many people believe that there's not much you can do to fight a DUI charge. Others don't realize how serious the consequences of a drunk-driving conviction in California can be.
• Franklin Radoff: If you are arrested for DUI or DWI you must contact the DMV within 10 days from the date of your arrest. If you fail to make a timely request for a hearing your license will be automatically suspended 30 days after your arrest and you will not have a hearing.
• Roberts & Elliott: Your misdemeanor DUI charge will be handled entirely in Municipal Court. There are many hearings and procedures available to the prosecution and the defendant. An attorney may assist you in these hearings and procedures. In most cases, an attorney can appear for you without your presence in Court.