San Jose DUI Lawyer

A charge of driving under the influence in San Jose is a stressful experience, but a conviction could change your life forever. For this reason, you need the expert legal assistance of a DUI attorney in San Jose. A Santa Clara County DUI defense lawyer has the experience and knowledge you need to defend your rights and ensure your voice is heard. You are innocent until proven guilty, and our team is ready to listen to your situation without judgment or reservation.

You deserve the best representation possible while dealing with this challenging situation. At Summit Defense Law Office, our San Jose criminal defense attorney has the knowledge and experience to help you with your DUI case. We have a team of highly dedicated criminal defense lawyers who will prioritize your case to help you navigate the complexities and difficulties of a criminal charge.

Call us at (866) 852-7126 for a free consultation. Let us know how we can help you. Do not hesitate to contact us immediately to avoid further damage.

WHAT TO EXPECT FROM OUR SAN JOSE DUI LAWYER AFTER YOUR FIRST DUI

When you contact a DUI Attorney for your initial consultation, you’re expected to provide the following information:

• Your full name and current address for us to send all future correspondence regarding your case. If this address changes during representation, you must inform us immediately so our communications go to a valid location.
• A list of names and addresses of anyone who witnessed or got involved in the incident leading up to your arrest (e.g., passengers, police officers). Knowing what happened from as many angles as possible will help prepare an effective defense strategy for your defense attorney. It will ensure accurate assessments of how best to proceed with each case.
• Your DUI lawyer will need your court paperwork if you've already pleaded guilty. It will let them determine if they can challenge other legal issues to reduce your penalties. While it is crucial not to plead guilty before consulting an attorney, a San Jose driving under the influence lawyer may still have grounds for challenging your plea based on the arrest's specific circumstances.

WHAT TO DO AFTER A DUI ARREST IN SAN JOSE

DUI charges in San Jose are complex, but we will demystify the process for you. Upon being charged with a DUI, it is important to maintain composure and ask the police officer politely about your charges. Always remember that the State upholds your right to counsel all the time. Upon being charged, make sure to contact a DUI lawyer.

How a San Jose DUI Attorney Guides You Through the Process

Our DUI lawyers have years of experience handling criminal charges, particularly DUI charges. We will be with you every step of the process, from your arrest to the arraignment and every court hearing. California DUI penalties may be severe enough to change your life forever. You might even be required to install an ignition interlock device (IID). However, we will explore every possible option, from an affirmative defense to plea bargains and, in some cases, having your charges dismissed. In this situation, calling a San Jose DUI defense attorney is always the best choice.

Misdemeanor and Felony DUI Court Hearings in Santa Clara County

In court hearings, your DUI defense attorney will speak on your behalf and make sure that your case is presented convincingly to the judge. Thus, the preparation for your defense can take time and effort. The best way to handle your DUI case is through an experienced DUI attorney.

Experienced DUI Defense Attorneys Serving San Jose

At Summit Defense, we know how to defend your rights and secure the best outcome in your criminal charge. Contact us immediately to be informed of your rights in a DUI charge.

SAN JOSE DUI PENALTIES: SENTENCING FOR DUI CONVICTIONS IN SANTA CLARA COUNTY

Under California Vehicle Code § 23152, enforced by the San Jose Police Department and Santa Clara County Sheriff’s Office, if you are convicted of a DUI, you could face jail time and fines if convicted. However, the severity of penalties may vary depending on several factors.

One instance involves teenagers driving under the influence. The State of California has a zero-tolerance policy (ZTP) regarding DUI. Drivers under 21 with more than 0.01% Blood Alcohol Concentration (BAC) will face serious consequences. These can include:

• A lookback period of 10 years. The record will stay for ten years if the teenager is found guilty;
• Driver's license suspension for one year;
• Attending DUI seminars and education programs;
• Payment of fees that can total up to a thousand dollars; and
• Limited scholarship grants, job opportunities, etc.

San Jose DUI Penalties for Drivers 21 and Older

Drivers above 21 years old will also face different penalties when proven guilty of drunk driving. For adults, the BAC is 0.08%. It means that adults with more than 0.08% of blood alcohol concentration are guilty of driving under the influence. Penalties and consequences may include:

• Serving up to six months in jail;
• Payment of $390-$1000 fine;
• A lookback period of 10 years;
• Impoundment of vehicles;
• Suspension of driving privilege for six months;
• Attending DUI educational programs and seminars; and
• Civil lawsuits in cases involving wrongful death.

Lastly, other factors may aggravate your sentence or penalty. You'll face enhanced penalties if you drive under the influence with a child in the car under the age of 14.

If you're drunk driving while speeding and reckless driving, you'll add 60 days of jail to your sentence. Also, you'll face legal consequences if you provide alcohol to a minor, resulting in accidents. DUI cases in San Jose are prosecuted through the Santa Clara County Superior Court, located at 191 N. First Street, San Jose, CA 95113.

SAN JOSE DUI DEFENSE: HOW POLICE ERRORS CAN HELP YOUR CASE

We will investigate every aspect of your traffic stop and arrest to explore every possible way to have your charges reduced or dismissed. There may be situations where the San Jose Police Department officer in charge of your case used excessive force, or there have been mistakes in conducting tests to determine your sobriety, and worse, you could have been cited for the wrong violation.

You have a strong defense in these situations, and this presumption can be overcome through the help of a DUI lawyer. Sometimes, these Santa Clara County law enforcement errors can give you the upper hand to have your charges reduced or dismissed completely. Summit Defense provides effective legal representation to victims of these police errors.

San Jose Police Department officers and California Highway Patrol officers operating in Santa Clara County must follow strict protocols for DUI stops, field sobriety tests, and BAC testing. Errors made during a San Jose DUI arrest — such as improper calibration of breathalyzer devices used by SJPD or failure to observe the required 15-minute waiting period — can be grounds for dismissal.

WILL YOUR DRIVER’S LICENSE BE SUSPENDED AFTER A SAN JOSE DUI?

It is almost certain that your driver's license will be suspended during the legal proceedings of your DUI charges in San Jose. The State issues license suspensions to protect the interests of all road users from suspected negligent drivers.

Fortunately, it is still possible that your driver’s license won't be suspended. You are entitled to a California DMV hearing, and our team of DUI case attorneys will defend your claim and prove that you are not a threat to the general public's safety as your case unfolds.

At Summit Defense, we can help you obtain a favorable result in these DMV hearings. Contact our San Jose DUI lawyers today for a free DMV hearing consultation. Call (866) 852-7126.

DUI CLASSES AND PROGRAMS IN SAN JOSE AND SANTA CLARA COUNTY

The government seeks to educate drivers guilty of driving under the influence. The goal is to ensure these issues do not happen again. Transforming negligent drivers into responsible drivers benefits society as a whole. The education of drivers is achieved through DUI classes or programs.

Rehabilitation and education are crucial for having drivers aware of their duties and privileges on the road. You can find several options for DUI classes and seminars. These classes often last for 12 hours for first-time offenders. These classes may take up to 30 months to complete for repeat offenders. The length depends on the frequency of the DUI case, whether it's your first, second DUI offense, or you're a repeat offender.

San Jose Alcohol Education Programs for DUI Offenders

One effective program in reducing DUI cases is the Alcohol Education Program. This program allows everyone to learn more about their drinking habits and how to handle them properly.

These San Jose DUI classes or educational seminars sound like a good idea. Do not hesitate to get an experienced San Jose DUI lawyer's opinion before attending one of these sessions. You'll need their insight because there could be other ways for you to have penalties reduced from court negotiations.

WHEN SHOULD I HIRE A SAN JOSE DUI LAWYER?

DUI cases are severe since they involve criminal penalties. They are prosecuted vigorously by the District Attorney's Office. They can result in lengthy jail sentences, fines, probation, mandatory alcohol education classes, or even a driver's license suspension. Because of these penalties, it is essential to speak with an experienced criminal defense attorney.

We Are Knowledgeable of DUI Proceedings in Santa Clara County

Criminal defense attorneys are vital in defending your rights and ensuring the prosecution follows all applicable rules and procedures. Your attorney can explain your defenses, protect your constitutional rights, and challenge the admissibility of evidence. These involve attacking any weaknesses in police practices that led to your arrest and negotiating a plea agreement with the District Attorney’s Office to dismiss or reduce penalties.

When to Hire a DUI Lawyer Near You in San Jose

You don't want to wait for DUI charges before reaching out to a lawyer. DUI cases in San Jose are typically arraigned within 2–4 weeks of arrest at the Santa Clara County Superior Court. Even if you are being investigated but have not yet been charged, give us a call. You should also hire an experienced San Jose defense lawyer as soon as possible after your arrest if:

• Your BAC is above 0.08%;
• The officer smells alcohol on your breath, clothes, or person; and
• There are other signs, like bloodshot eyes, slurred speech, etc., indicating intoxication during the traffic stop.

Suppose these situations occur, and the San Jose Police Department detains you. In that case, our San Jose DUI attorney can negotiate with them and position your case for a favorable outcome. You may also face enhanced penalties due to aggravating circumstances surrounding the San Jose DUI charge.

WHY HIRE SUMMIT DEFENSE AS YOUR SAN JOSE DUI LAWYER?

When you get yourself involved in a drunk driving case, don't hesitate to contact our Summit Defense legal team. San Jose DUI attorneys can defend you against misdemeanor and felony DUI charges. We'll make sure that your rights are respected and protect your privacy.

When you hire us, our criminal defense attorney will help you with the following:

• Reviewing of evidence against you to make sure there are no loopholes;
• Conducting a thorough investigation of your case before discussing it with San Jose court officials;
• Providing legal representation in San Jose courts;
• Arranging deals for reduced penalties or charges;
• Staying current with all California drunk driving laws and regulations;
• Preparing necessary documents that can strengthen your position during negotiations;
• Representing you in plea bargains;
• Negotiating sentences down from felony convictions;
• Maintaining open communication with clients so they're aware of what's going on at every step; and
• Working closely with judges, prosecutors, police officers, law enforcement agents, etc.

SAN JOSE DUI LAWYER FAQ: COMMON QUESTIONS ABOUT DUI CHARGES

Here are some of the most asked questions about DUI in San Jose, California.

CONTACT SUMMIT DEFENSE FOR A SAN JOSE DUI LAWYER TODAY

At Summit Defense, our San Jose DUI lawyers are ready and willing to listen to your story and provide you with a vigorous defense. We will comprehensively review your case, assess the evidence, and explain your options clearly in a way that you can understand. We will give you the tools and knowledge you need to make the best decision for your interests.

Call our San Jose DUI defense team at (866) 852-7126 for a free consultation. We serve San Jose, Santa Clara County, and surrounding areas.

Legal and Informational Resources

1. People v. McNeal, 46 Cal.App.4th 1373 (1996): https://scocal.stanford.edu/opinion/people-v-mcneal-32995
2. Missouri v. McNeely, 569 U.S. 141 (2013): https://supreme.justia.com/cases/federal/us/569/141/
3. Berghuis v. Thompkins, 560 U.S. 370 (2010): https://supreme.justia.com/cases/federal/us/560/370/
4. People v. Gallardo, 22 Cal.4th 303 (2000): https://leginfo.legislature.ca.gov/
5. California Courts Website: https://www.courts.ca.gov/
6. Santa Clara County Bar Association: https://www.sccba.com/
7. California DMV: https://www.dmv.ca.gov/ (Essential for information about license suspension and reinstatement)
8. Mothers Against Drunk Driving (MADD): https://www.madd.org/ (Provides context and information on the impact of impaired driving)
9. The National Highway Traffic Safety Administration (NHTSA): https://www.nhtsa.gov/ (Offers resources on traffic safety and DUI prevention)
10. The Governors Highway Safety Association (GHSA): https://www.ghsa.org/

Relevant California Statutes

1. California Vehicle Code Section 23152 (VC 23152): Driving Under the Influence of Alcohol or Drugs: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152
2. California Vehicle Code Section 23153 (VC 23153): Driving Under the Influence Causing Injury: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23153
3. California Vehicle Code Section 23159 (VC 23159): Implied Consent Law: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23612
4. California Vehicle Code Section 23612 (VC 23612): Chemical Testing Requirements: https://codes.findlaw.com/ca/vehicle-code/veh-sect-23612/
5. California Vehicle Code Section 13353.2 (VC 13353.2): Administrative Suspension of Driver’s License: https://codes.findlaw.com/ca/vehicle-code/veh-sect-13353-2/#:~:text=(a)%20The%20department%20shall%20immediately,in%20his%20or%20her%20blood