Answers to the most frequently asked questions about DUI’s in San Jose:
If you have been arrested for a San Jose DUI then you have the following options:
1. Negotiate a plea bargain
2. Case dismissal
3. Taking the case to court
You should ask the judge to give you time to find an attorney. It is best to navigate these options with an experienced professional to guide you.
The penalty you receive depends upon a number of factors pertaining to your case, such as the frequency and the severity of the offense, the damage done, and the county laws.
Generally penalties for a San Jose DUI involve heavy fines, temporary and permanent probation, Jail time in county jail or even state prison, mandatory attendance in treatment programs, car impoundment, installation of ignition interlock devices, and even revocation of your driver’s license. You can get a more detailed list of the penalties you may receive in the San Jose DUI penalty chart.
Moreover in addition to the penalties given by state, you will also have to pay higher insurance premiums. In some cases your occupation may suffer negative consequences as well.
Many people have the misconception that it is impossible to win a San Jose DUI case. They are wrong. If you have the right professionals representing you then you can not only get your charges reduced, but in certain cases you may be able to get the charges dismissed entirely.
Our firm has won many cases for our clients in the past. They have had success in the past by arguing constitutional violations, and challenging blood-alcohol concentrations measurements.
Often lapses can be found in police procedure that may be able to help the defendant the court, we review the police reports thoroughly and systematically to determine if everything is in order. Additionally we also request complete disclosure of the device used to test the blood alcohol concentration, the lab certification, and the personnel conducting the test.
We leave no stone unturned to find anything that may help us build a strong defense in court.
If you have not hired an attorney, then you must attend your first court hearing on the designated time mentioned on your ticket or in your paper work. The Judge will first address the attorney-represented cases and then he’ll begin calling the defendants of the non-attorney represented cases.
At some point during the proceedings, the judge will ask you to enter a plea. You may plead Guilty or not guilty. If you plead not guilty, the judge will ask you a series of questions aimed to determine if you want to waive your constitutional rights including your right to a speedy jury.
If you plead guilty, the judge will deliver the sentence immediately and the case will be over. The sentence you get may include monetary compensation such as fines and probation, mandatory treatment programs, and even jail time. The sentence will vary depending upon the nature of your offense, and your county laws.
After being charged with a San Jose DUI, you driving license may be revoked. Often you will be given a temporary license that lasts for 30 days. If you want to extend your driving privileges then you must schedule an administrative hearing with the San Jose DMV within 10 days of your arrest.
You will be allowed to retain your driving privileges until your San Jose DMV administrative hearing is held, and a decision is delivered. If you win the San Jose DMV hearing then your driving rights will be protected until the court returns a decision on your case. On the other hand, if you lose the DMV hearing your driving privileges will be revoked.
Yes, it is entirely possible to win San Jose DMV hearings. It is advised that you have an experienced professional in your corner during the hearings. The DMV administrative officer will be interested in 3 areas:
1. Who was driving the car?
2. Was your blood alcohol concentration 0.8 or above?
3. Did the police officer have a “reasonable cause” to make an arrest?
Determining if the police office had “reasonable cause” or not is a complicated legal procedure, an experienced attorney can help you understand all the legalities and present the right details that may be required to win you case. Your attorney may also need to assist in finding an expert witnesses as well. Moreover, our lawyer will also help you determine if you can challenge the blood alcohol concentration levels. All these are crucial variables that can help you in winning your case.
Yes, It is possible to get your driving license back even after losing a DMV hearing. There are a number of legal defenses that you may be able to use depending upon your case. You can call our attorneys for a free consultation to determine whether your driving license can be recovered or not.
A DUI case involves a number of implicit and explicit costs such as the court fees, the attorney fees, the DUI driving schools, fines and probation, lost wages, expert witnesses and higher insurance premiums. Even in favorable conditions, your expenses can readily exceed a thousand dollars. On the hand, if your case is complicated, it involves a felony, or if it is a case of repeated offense then your expenses may even exceed ten thousand dollars.
A reliable estimate can only be established after studying all the facts of the case. At our firm, we charge our clients a flat fee after studying all the aspects of their case. Contact our office for a free consultation and we will provide you with an estimate after careful consideration of your case.
Each case has its own unique set of characteristics that determine how long it will last in court. You can consult our attorneys for free, and after assessing your case we will give you a reliable estimate of how long your case may last in court.
If you plead guilty, your case will be over in your first hearing, but if you plead not guilty, even a simple DUI case lasts for several months. If there are any complexities involved in your case, it may last for about a year or two. Extremely complex cases involving felonies and repeated offenses may last for several years before the final decision is rendered.