Defending DWI In San Jose

Location of San Jose within Santa Clara County...
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California drunk driving laws define “driving under the influence” or DUI as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. San Jose drivers can also be arrested if they are operating a motor vehicle with a BAC (blood alcohol concentration) of 0.08% or higher. San Jose drivers under the age of 21 can be arrested and charged with DUI if their BAC is 0.02% or higher. Drivers with a BAC over the legal limit do not have to show signs of mental or physical impairment to be arrested. San Jose police officers can establish probable cause for a driver’s arrest through observation, chemical tests (blood, breath or urine) or through a field sobriety test.

Hiring a San Jose DUI Lawyer

Drivers who are arrested for DUI must be proven guilty beyond a reasonable doubt. If the arresting officer did not have probable cause to stop the driver or the chemical test was not performed properly, the evidence can be challenged. DUI law can be complicated, and it is important to find a California criminal defense lawyer who specializes in defending DUI cases. A San Jose DUI attorney can help any driver who has been arrested in Santa Clara County or through out Northern California. Does the California attorney you are considering have the right experience, knowledge and training to defend you against your DUI charge? You do not have to fight this charge alone; San Jose DUI lawyers can help.

San Jose DUI penalties

First DUI Conviction in San Jose

San Jose drivers can receive a variety of penalties for their first DUI arrest including:

·         Required jail stay for a minimum of 48 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1400 – $1800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days. The court may allow certain fines to be discharged by performing community service

·         The courts will require the San Jose driver to complete a 3-6 month drug and alcohol program

·         The San Jose driver’s license will be suspended for 10 months but the court may allow a restricted license for travelling to work or school

Second DUI Conviction in San Jose

·         Required jail stay for a minimum of 96 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The courts will require the San Jose driver to complete a 18 month drug and alcohol program

·         A driver’s license will be suspended for 18 months but the court may allow a restricted license for travelling to work or school after 12 months

Third DUI Conviction in San Jose

·         Required jail stay for a minimum of 120 days

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The San Jose driver’s license will be suspended for 18 months to 3 years

·         The San Jose driver must install an Ignition Interlock Device on their car

If you have been arrested for DUI in San Jose, California, it is important to find a San Jose DUI lawyer who can help you establish a successful defense against your drunken driving charge. No DUI attorney can guarantee success, but choosing a skilled and knowledgeable DUI lawyer is the first step to protect your self. Do not plead guilty with out consulting a San Jose DUI attorney and finding out what DUI penalties you may receive and the legal defenses which may be available to you.