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408-777-6630

Call Us Today

408-777-6630

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San Jose DUI Attorney Law Firm

San Jose DUI Attorney Law Firm is a dynamic, result-driven law firm with the primary focus of representing individuals accused by law enforcement of driving under the influence both at the criminal court and Department of Motor Vehicle (DMV). Our attorneys are highly experienced and fiercely dedicated to achieving results that will put our clients on the best path forward. Our firm enjoys a reputation for quality trial skills and aggressive representation in San Jose and all of the surrounding areas.

When it comes to DUI offenses, there’s a lot more science involved. We’re talking about people being arrested and charged based on officer observation and chemical test results. Not every attorney is equipped to understand this complex science. At the San Jose DUI Attorney Law Firm, we can confidently say that we are equipped to defend an individual going deep into the science of defending a DUI. Not every criminal defense attorney can understand this, but we’ve have extensive training in this field and have spent much time focusing on these type of cases. 

Regardless of the complexity of your DUI case, you can rest assured that you’ll have an attorney who understands the courts, the city, and how the justice system can work for you. Our goal is to remove or lessen or remove the potential harm of a DUI charge or conviction.

If you or a loved one has been arrested or charged with a DUI in San Jose, please call our office immediately at 408-777-6630. We offer a free, confidential consultation to help us understand your situation, determine your options, and advise you on how to avoid self-incriminating statements.

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DUI ATTORNEY REVIEWS

5.0 out of 5.0
Based on 87 reviews
San Jose, CA

A Defense Focused on You

At San Jose DUI Attorney Law Firm, we believe that every client deserves a fresh start. The San Jose criminal court system is massive and complex. When charged with a DUI, you’re not a person to the court; you’re handled as a case number. The district attorney does not know what issues you were having before the arrest or who you are. What’s more, the prosecutor won’t care if it’s only your first time and will still seek the maximum sentence. Our attorneys take the time to get to know the client and understand the circumstances surrounding the arrest. We come in and show them the person, the circumstances that led to the arrest, and the hardships that would come with a conviction.

We understand how stressful and upsetting it can be to be charged with a DUI in San Jose. As such, we make it a priority to address each of our clients’ individual needs. We know that effective communication is key to reducing the anxiety that comes with a DUI arrest or charge and to effectively defend our clients’ rights. We make it a point to address our clients’ questions and concerns and be readily available to them at any time. Unlike other law firms, where you can only reach your attorney during regular business hours, you can call us any time of day. What’s more, we keep our clients informed with the progress of their case at every stage of representation. Moreover, while we’ve handled hundreds of DUI cases, we know that no two cases are the same. So, we come up with specific legal strategies that will work for each case and achieve the best results.

Fighting for You in a DMV Hearing

In each DUI, there are two separate cases that we handle –the California Department of Motor Vehicles (DMV) administrative hearing and the criminal DUI prosecution. While your first concern after an arrest or being charged with DUI might be the prospect of jail, your driver’s license will be up for an automatic suspension, which can last long after your release from jail. After an arrest, you will be issued the Notice of Suspension and will have up to 10 days to request a hearing. The administrative license suspension proceeding will arise out of two possible scenarios. When a motorist is arrested for DUI, he/she is presumed to consent to a chemical test. If the driver refuses to submit to the test, the administrative hearing will concern whether the driver’s license should be suspended based on the refusal. If the driver consents to a chemical test, the DMV hearing will be held to determine whether he/she drove under the influence.

While it’s not mandatory to request or appear at a DMV hearing, failure to do so will result in an automatic suspension of your driver’s license. The license suspension period can range between 30 days to several years. The DMV case is extremely time sensitive and should be fixed immediately. If your driver’s license is suspended, it can create challenges in terms of shopping for necessities, commuting to work or class, and taking your kids to daycare or school.

When you hire us, we handle every aspect of the administrative hearing for you. We contact the DMV immediately to request a hearing and protect your ability to drive. We let the DMV know that we’ll be challenging the suspension and all aspects of DUI. We will attend the hearing on your behalf. If your driver’s license becomes suspended, we will guide you in getting a restricted license to allow you to commute to important places such as work or school.

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Aggressive Hands-On Approach

At San Jose DUI Attorney Law Firm, our approach to defending our client is to be proactive. We don’t just settle for the initial discovery evidence from the prosecutor. Our attorneys will investigate the training of the arresting officer, examine and inspect chemical test equipment, and reanalyze blood samples. Our attorneys will also deconstruct the case to find issues and subpoena all relevant officials to ensure they adhered to all protocols. Unlike other law firms that will advise you to plead guilty and expect whatever penalties are given, we use an experienced and aggressive approach to look for evidence and areas of defense.

We will leave no stone unturned when investigating your case. By gathering as much information as possible, we’ll be in a position to challenge the validity of chemical reports, field sobriety test, police report, police body-cam footage, and any witness testimony. We’ll fight hard to get you a “not guilty” verdict.

When handling any DUI case, our attitude is simple- whatever it takes to get the best possible results. If we aren’t arguing against the prosecutor's claims in court, we set up a chambers conference with the judge or have a meeting with the supervisor to explain the situation and problems with the evidence. No matter how complex your case seems, we prepare a strong case and fight to achieve a result that our client deserves. We believe that every case is defensible, and we are not afraid to fight. Whether you’re facing simple DUI or aggravated DUI, we will stop at nothing to protect your freedom, your livelihood, and your future.

At the San Jose DUI Attorney Law Firm, we treat each of our clients’ cases as if they were our own. This attitude has worked for us time and time again and has enabled us to achieve a history of stunning results. When you retain us for your DUI case, you can rest assured that we’ll not take an easy way out.

How severely a person convicted of DUI is treated depends on several factors, including but not limited to the individual’s history of DUI, their BAC, whether there was an accident, and whether the accident resulted in injury. Although the majority of drunk driving charges are misdemeanors, some cases are considered felonies. Here are the basic penalties for typical DUI convictions in California. 

MISDEMEANORS

1st Offense

  • Up to 6 months in county jail
  • 4 to 10 months driver’s license suspension
  • $390 to $1,000 in fines
  • assessments and court costs
  • 3 or 9 months mandated DUI school

2nd Offense

  • 96 days to 1 year in county jail
  • Driver’s license suspension for 2 years (or installation of IID for 1 year)
  • $390 to 1000 in fines
  • Assessments and court costs
  • 18 or 30 months of DUI school

 3rd offense

  • A maximum fine of $1000 plus additional penalties
  • 120 days to 1 year in county jail
  • Assessments and court costs
  • Up to 3 years driver’s license suspension
  • 30 months of DUI school

DUI with injury                                       

  • A maximum fine of $5,000 plus
  • Restitution to injured parties
  • 5 days to 1 year in county jail
  • Assessments and court costs
  • Driver’s license suspension for 1 to 3 years
  • 3, 18, or 30 months of DUI school

 

FELONIES

Generally, a 4th DUI offense is charged as a felony. DUI with injury or death may also be tried as a felony. Penalties for a felony DUI in California include:

  • A maximum fine of $1000 plus additional penalties
  • 16 months to 10 years in state prison
  • Driver’s license suspension for up to 5 years (or mandatory IID installation for up to 3 years)
  • Possible revocation of driving privileges
  • Mandated alcohol/drug program for 18 or 30 months
  • Designation as a Habitual Traffic Offender (HTO) by the DMV
  • A possible strike on your record as provided by California’s Three Strikes Law
  • Restitution to injured parties

DUI offenses in California are priorable, which means that the consequences become more severe with each successive DUI conviction that takes place within ten years.

Legal Defenses for Fighting DUI Charges in San Jose

When most people get arrested for a DUI, they assume that either they must be guilty or there’s nothing they can do to avoid a conviction even if they’re innocent. These are dangerous assumptions that you should not make because an experienced San Jose DUI attorney may be able to help you avoid a DUI on your record. Even if the allegations against you are true, there are strategies that can be employed to persuade the prosecutor to reduce or dismiss the charges. Here are some of the common DUI defenses that may be applicable to your case:

  • The arresting officer lacked probable cause that you were driving under the influence
  • The arresting officer violated your constitutional rights
  • You were simply driving poorly
  • Lack of evidence to prove a BAC of .08% or above OR that your physical and mental abilities were impaired to the extent that you could not drive with the caution of a sober person
  • Your Field Sobriety Test (FTS) results are unreliable
  • Your breath or blood test results are unreliable due to improper test administration, uncalibrated or poorly maintained testing equipment, or tainting of samples.
  • You have a medical condition that caused distorted BAC results
  • Your mouth alcohol caused a false BAC reading
  • Your BAC was rising when the test was done
  • Your “objective symptoms” were not objective because you were not under the influence

At San Jose DUI Attorney Law Firm, our philosophy is that every DUI charge is defensible, no matter how serious or complex. If your circumstances warrant a plea agreement to have the charges reduced or having alternative sentencing, we will work closely with the prosecutor. Also, we can be able to get you into some sort of diversion program so you can avoid jail time.

Any good DUI defense attorney will highlight the strengths and weaknesses of your case, as well as the specific risks of conviction and penalties. From there, you’ll decide whether to take your case to trial or accept a guilty plea. At the San Jose DUI Attorney Law Firm, we do not think it’s enough to give you the choice of a negotiated plea and trial. We go the extra mile to give you more options for resolving your DUI charge. Our goal is to protect your interests, and we can do that through alternative sentencing options.

Prosecutors and judges choose jail time and fines because it is easy for them. Jail time does not allow a person to change and can be damaging even when the charges are minor. At San Jose DUI Attorney Law Firm, we believe that those facing DUI penalties in San Jose can greatly benefit from alternative sentencing to allow them to continue to work without losing their jobs or take them through rehabilitation programs to fix the underlying problem. We can help you get approval for an alternative sentencing option.

Alternative DUI sentences in California include:

  • An alcohol or drug rehab program
  • Community service
  • Weekend Detention
  • Counseling programs
  • The SCRAM alcohol monitor
  • Sober living programs
  • Residential treatment
  • Probation
  • Electronic Monitoring or House Arrest
  • Ignition Interlock Device Installation
  • Work Furlough
  • Participation in Mothers Against Drunk Driving (MADD) Victim Impact Program

We are committed to minimizing the impact of a DUI conviction on your career, family, and future. We truly enjoy seeing our clients turned around for good. So, if you’re arrested or charged with a DUI, remember that jail is not the only option. We’ll fight for this truth on your behalf.

Our Practice Areas

Understanding the subtleties of DUI statutes, sentencing guidelines, and legal precedents are important when you’re searching for a lawyer to help with your case. Here’s a brief overview of some of the DUI cases we handle and with years of experiencing defending clients against criminal offenses, we are well equipped to explain what your case involves, the possible penalties, and your options.

If a commercial driver is convicted of DUI, they risk facing criminal DUI charges as well as their job, especially because most companies have a no-tolerance policy for DUIs. As provided by Vehicle Code 23152(d), it is a crime to drive a commercial vehicle with a BAC of .04% or higher. Because commercial drivers in California are held to a much higher standard of safety, they face much higher penalties if convicted of DUI. One of the penalties is the suspension or revocation of their commercial driver’s license and/or non-commercial license. Moreover, any type of DUI conviction will show up on their driving record.

Multiple DUI convictions on a commercial license attract permanent revocation of the commercial driver’s license. Moreover, the driver is not given the opportunity to apply for a restricted driver’s license.  For commercial drivers, losing their license for any time period is out of the question because their ability to drive is basically their career. We understand this, and we will dissect your case to prevent license suspension and get the charges dropped.

Driving under the influence of any drug is a criminal offense as stipulated under Section 23152(f) of the California Vehicle Code. This crime carries the same legal effects as driving under the influence of alcohol. Whether it’s marijuana, a prescription medication, or a controlled substance, the law does not prohibit a certain amount of a drug in an individual’s system. This means that the drug must affect a driver to the extent that their physical or mental capabilities are impaired that they cannot be able to exercise the ordinary care that a sober driver would under similar circumstances. In a DUI of drug case, there’s no breath test. Therefore, the arresting officer may administer a urine or blood test.

It’s more challenging for the prosecuting side to prove charges of this nature because they have to depend on the officer’s testimony of the driver’s erratic behavior, physical appearance as well the chemical analysis. Many officers have not received proper training on the signs of an individual under the influence of different drugs. In this regard, we can successfully attack the “science” behind your DUI case.

A driver may be charged with DUI causing injury if he/she causes injury to another person because he/she was driving under the influence. A DUI causing injury is a wobbler, although in most cases, it will be charged as a felony. Regardless of whether a driver has been convicted of a misdemeanor or felony, he/she will face more severe penalties than a simple DUI. To be convicted of this offense, the prosecutor must prove that you were under the influence, and while doing so, you acted in an otherwise negligent manner that resulted in the bodily injury of another person. 

The penalties for misdemeanor DUI causing injury include 5 days to 1 year in county jail and/or a fine of between $390 up to $5,000. If convicted of a felony, you may face 2, 3, or 4 years in prison and/or a fine of between $1,015 up to $5,000. In addition, your sentence may be increased to 3 to 6 years if you’ve caused great bodily injury or substantial physical harm.

We will assess whether all arrest, investigation, and chemical testing procedures were properly adhered to and use these issues if there was any failure by the arresting officers. We’ll also work with an accident reconstruction expert to evaluate whether you were truly at fault.

Following a California DUI arrest, California residents will typically have their driver’s license taken by arresting officer and will be given 10 days to schedule a DMV hearing to re-obtain the license. However, if you’re not a resident of California, you won’t lose your license but instead, you’ll lose driving privileges in the state of California. After a DUI arrest, you have 10 days to file for a DMV hearing to stop the suspension of your driver’s license.  If the request is granted, the suspension is delayed until your hearing.

California is one of the states in the Interstate Driver License Compact, which enables states to share records and hold citizens accountable for traffic violations that happen out of state. The consequences of a DUI conviction vary from state to state, but if your charges and/or conviction are reported to the IDLC, you may suffer the same consequences back home. Even if you’re from another state, if convicted for DUI in California, you’ll face the same criminal penalties as a California driver. The best way to avoid penalties is to avoid a DUI conviction. We can help you mount a strong defense to ensure you get the best possible results.

When a driver causes the death of another person due to intoxication, the offense crosses a threshold from manslaughter to second-degree murder. This means that the conduct is no longer considered manslaughters but awareness of risks. The Watson Murder rule allows a driver to be charged with second-degree murder under Penal Code 187. The difference between murder and manslaughter in California is that murder is a death due to reckless regard for human life or malicious behavior. Conversely, manslaughter is a death due to carelessness or negligence when it comes to the safety of others.

To be convicted of Watson murder, the prosecutor must show that you acted with malice aforethought and killed with lawful justification. Watson murder is punishable by a fine of up to $10,000 and 15 years to life in state prison. Also, you’re subjected to an additional sentence of 3 to 6 years in state prison if any of the surviving victim(s) has suffered serious bodily injury. Second degree Watson Murder is a felony, which acts as a strike on your criminal record.

There are several defenses that an experienced attorney at San Jose DUI Attorney Law Firm can raise on your behalf. Depending on the facts of your case, we can argue that you were not under the influence, your conduct was not the cause of the fatality, or you lacked implied malice.

A person is guilty of committing vehicle manslaughter if he/she drives under the influence and causes the death of another person. A driver convicted of this offense will face far more severe penalties as stipulated Penal Code 191.5. In California, a person is considered to have acted with negligence when they breach the duty of care owed to another person. An individual who gets behind the wheel assumes certain duties of care. Many cases of vehicular manslaughter involve vehicular collisions in which the driver or a passenger of the vehicle that a person crashed with dies from injuries related to the accident. You can also be convicted if the negligent conduct results in the death of a pedestrian or a passenger in your own vehicle.

Vehicular Manslaughter while intoxicated can be charged as a misdemeanor or felony. The sentencing and punishment are based on whether the negligence was ordinary or gross. A felony vehicular manslaughter conviction is punishable by 16 months, 2 years or 4 years in state prison, a fine of up to $10,000, and formal probation. Penalty for a misdemeanor conviction is a maximum of 1 year in county jail, a fine of up to $1,000, and summary probation. The DMV will revoke your driver’s license for 3 years. Also, if you have a prior DUI conviction on your record, you will face up to 15 years in state prison.

If an underage driver is arrested in for driving with any measurable alcohol in their system, they’re in violation of DUI laws as well as state laws that prohibit alcohol consumption by a person under the age of 21. While 20-year-old drivers are considered adults, they have until 21 to lawfully consume alcohol.

For a majority of drivers, a BAC higher than .08% is deemed a DUI violation. This isn’t the case for young drivers since a blood alcohol content of only .01% or higher, can lead to a DUI. Underage driving under influence penalties is determined by several factors including age, driver’s blood alcohol level, drunk driving history, and whether drugs were involved. If a minor is convicted of DUI, they risk losing their driver’s license for 1 year or until they reach the age of 18, whichever is longer. Ford rivers older than 18 but under 21, a DUI conviction will result in the suspension of their driver’s license for 1 year. If the BAC is higher than .05%, they may also have to pay fines and attend mandatory DUI School. Conversely, an underage DUI with a BAC greater than .08% will be treated the same as any other “standard” DUI.

A simple DUI traffic stop in California can quickly escalate to a more serious offense if there’s a child in the car with you. Driving under the influence with a minor in the car may be considered child endangerment and can lead to an enhanced sentence if you’re convicted. A DUI conviction with a child passenger subjects a person to the sentence enhancement provisions of CVC section 23572, which are typically served in addition to any other for a simple DUI conviction. Sentence enhancements for DUI with a child passenger include:

  • 48 hours in jail for first DUI
  • 10 days in jail for second DUI
  • 30 days in jail for third DUI
  • 90 days in jail for fourth DUI

This means that you must serve jail if convicted of this offense. What’s more, the offender could be charged disjointedly with the crime of child endangerment as a violation of Penal Code 273(a). While the DUI sentence enhancement only applies when the child is under 14, criminal charges of child endangerment could apply as long as the minor is under 18. The key to avoiding a DUI sentence enhancement is to beat the DUI charge, and we can help you with that.

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