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San Jose DUI Attorney
If you or a loved one has recently been arrested for a alcohol or marijuana DUI in San Jose, CA we want you to know that we are here to help. We understand how stressful being arrested for a DUI can be and our San Jose DUI attorney is ready, willing and able to defend you or your loved one against this criminal DUI charge. It is important to remember that being arrested for a DUI does not mean you are guilty or will be convicted.
The San Jose DUI Experts is a high powered boutique law firm that is no stranger to battles with the government. Essentially every DUI case is a fight with the government. The police arrest and testify against you. The San Jose City Attorney or District Attorney has almost unlimited man-power to prosecute the case. To be successful, you need an attorney that has a track record of success litigating against the government.
In San Jose if you are arrested for a criminal alcohol or marijuana DUI, there are certain steps you can take to help avoid a conviction. The first step is consulting with an experienced San Jose DUI lawyer. No two cases are the same and our attorneys have an excellent understanding of the law, the local rules and regularly work against the attorneys at the District Attorney’s office. Their extensive legal experience and familiarity with the process with be vital to your criminal defense.
Some people believe that they will minimize the cost of a DUI by pleading guilty and getting the legal proceedings out of the way. Unfortunately, it rarely works out this way. The effects of a guilty or no contest plea to a DUI charge are far reaching and the final cost may exceed $10,000 after all of the collateral consequences have been accounted for and paid. While hiring a San Jose DUI criminal attorney may appear expensive at first, the expenses are normally minimal when taking the cost of a DUI conviction into account. Our office offers free consultations to potential clients to help them evaluate whether or not hiring an experienced DUI lawyer in San Jose is the right decision for them.
To help you consider your options we provide some general information on this site about the DUI process here in San Jose. Feel free to look around and then take advantage of our free consultations
Contact a San Jose DUI Lawyer Today
Wait! What just happened?
After your arrest, your physical driver’s license was likely taken from you and you were provided with a document on a piece of pink carbon paper called a “DMV Suspension Advisement and Temporary License”. This document provides:
• Information about the consequences of the offense
• Information about your rights
• Information about how to challenge losing your license by requesting an Administrative Per Se (APS) hearing
DMV Automatic License Suspension
California has what is called an “Administrative Per Se (APS)” or “on-the-spot” license suspension law. This means that your license is automatically suspended by the DMV regardless of the outcome of the criminal case unless you request a hearing within 10 days of your arrest and win at the hearing.
For first time offenders who are over 21 years old, you can expect to have your license suspended for four months if you lose or fail to request a DMV hearing. Additionally, you will face a one-year license suspension if you refused to provide a blood sample or take a breathalyzer test. Suspensions in these situations can be contested by a San Jose DUI Attorney, provided that they have the relevant experience. It is extremely critical that either you or your San Jose marijuana DUI attorney request the hearing within 10 days of arrest. If this request is not processed properly within 30 days following the arrest, an automatic suspension will go into effect.
Under California’s “Zero Tolerance” laws, if you are under 21 at the time of your arrest and do not request a hearing and fight the charge, your license will be automatically suspended for one year.
What are my chances of beating a DMV suspension?
A San Jose DUI Lawyer will advise you that if you fail to challenge the suspension by requesting a hearing, you will definitely lose your license. Statistically, if someone uses a criminal DUI lawyer for representation at a DMV hearing, their chances for success increase considerably.
In any situation like this you should consult a criminal attorney that focuses on DUI cases. There are different ways to avoid an automatic license suspension that your experienced San Jose DUI attorneys will look for. These can include:
• Failure to collect blood properly
• No or not enough evidence
• Errors in the administrative procedures for blood and breath tests
• Passing field sobriety tests
• Violations of Miranda rights
• Illegal arrest
If you find yourself the subject of these charges, remember, it is critical that you find a lawyer that has a proven record defending DUI cases. Our DUI Law firm will offer aggressive defense with regard to these types of issues and can use any police or prosecution errors to help minimize the impact of a alcohol or marijuana DUI arrest.
Possible Consequences of a Criminal DUI
For a first time DUI criminal conviction you may be expected to attend an alcohol education program for a period of up to nine months. The judge may order the installation of an ignition lock on your car. You will be subject to a 30 day “hard” suspension of your license that will completely prevent you from driving. In the event that you have a driver’s license that was issued in a state outside of California and you may also face penalties and restrictions in the issuing sate. You will be expected to pay court costs, fines and license reinstatement fees through the DMV. Your San Jose DUI lawyer can help to limit the consequences of a DUI and may be able to reduce alcohol classes, avoid an ignition lock or minimize fines and fees.
Please contact our San Jose Drunk Driving and marijuana criminal defense attorney to discuss these issues or any concerns you might have.
By Leonard H Burgess