At Summit Defense, our experienced and dedicated San Jose criminal defense attorneys understand the gravity of a felony DUI charge and its consequences. We also understand how stressful the experience can be, so we will provide you with the emotional care you need.
We provide compassionate and vigorous representation to help clients navigate the complex legal process and ensure the best possible outcome for their cases. As the premier San Jose felony DUI attorneys, we have a proven track record of successfully defending our clients and safeguarding their rights. Now, we can do the same for you.
We will discuss the various aspects of felony DUI charges in San Jose, CA, and how our skilled San Jose DUI attorneys can assist you in building a strong defense to protect your future. Then, remember to reach out to us to schedule a case consultation. You never have to face such serious charges on your own.
Secure Legal Representation From a San Jose Felony DUI Attorney
A felony DUI charge in San Jose, California, is a serious matter that can have far-reaching consequences on your personal and professional life. You must secure legal representation from an experienced San Jose felony DUI attorney who can help you navigate the complex legal process and fight for the best possible outcome in your case.
At Summit Defense, our dedicated attorneys are committed to providing caring, proven legal representation to help you defend your rights and achieve the best possible outcome in your case. Learn more about how we can help you navigate the various aspects of felony DUI charges in San Jose, CA, and how our skilled attorneys can defend your rights. You deserve to have not only legal support but emotional support as well, so rely on our team to help you.
Overview of the DUI Laws in California
California has expansive laws regarding driving under the influence of alcohol, drugs, or both. Under California Vehicle Code § 23152, it is illegal for anyone to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher or while impaired by drugs or alcohol. You could be convicted of drunk driving if it can be proven beyond a reasonable doubt that your BAC was 0.08 or higher (or someone under 21 had a BAC above 0.00).
Although most DUI cases are prosecuted as misdemeanors, certain circumstances can elevate a DUI charge to a felony. A felony DUI conviction carries significantly more severe penalties than a misdemeanor DUI, including longer jail time, higher fines, and a longer license suspension. Suppose the prosecutor decides to charge you with a felony DUI. In that case, it is even more vital for you to secure representation from an experienced San Jose DUI lawyer as quickly as possible. The sooner we get involved in your case, the easier we can dictate the narrative.
Applying Felony DUI Charges in San Jose, CA
If you are facing DUI charges, you understand how stressful and emotional the experience can be. While many DUI charges in CA are misdemeanors, some are felonies.
In California, a DUI can be charged as a felony under the following circumstances:
- You have three or more prior DUI convictions within ten years.
- You have a previous felony DUI conviction on your record.
- You caused a collision resulting in serious bodily injury or death to another person while driving under the influence.
It’s important to note that the prosecution must prove the existence of these aggravating factors to secure a felony DUI conviction. If these factors are not present, you can have your charges reduced to a misdemeanor.
Of course, we will look at all aspects of your case, as there may be opportunities to get certain evidence thrown out. Then, if we get that evidence thrown out, we can secure a dismissal instead. At Summit Defense, we will prioritize your needs and provide legal and emotional support during this difficult time.
DMV Automatic License Suspension
In addition to criminal penalties, a DUI arrest in California can also result in an automatic license suspension through the Department of Motor Vehicles (DMV). After your arrest, the officer will likely confiscate your driver’s license. Then, they will issue a temporary license that expires after a certain time, so make sure you read it carefully.
You can request a DMV administrative hearing within ten days of your arrest to challenge the license suspension. Our experienced DUI attorney can represent you at this hearing and help you argue why you should keep your driving privileges.
Even though you might be preoccupied with what happens in the courtroom, your driving privileges are still important. Ensure you also discuss how we can support you during the administrative hearing.
California DUI Penalties
The penalties for a DUI conviction in California depend on the specific circumstances of your case and your prior DUI history. Below is a general overview of the penalties for first, second, and third-offense DUIs:
DUI 1st Offense
If you are convicted of a first DUI offense, some of the penalties you might face include the following:
- Informal probation for three to five years;
- Up to six months in county jail;
- Fines between $390 and $1,000;
- Three to nine months of DUI school; or
- License suspension for six months.
DUI 2nd Offense
The penalties become stiffer if you are convicted of a second DUI in ten years. They include:
- Informal probation for three to five years;
- 96 hours to one year in county jail;
- Fines between $390 and $1,000;
- 18 to 30 months of DUI school; and
- License suspension for two years.
DUI 3rd Offense
If you are convicted of a third DUI within ten years, the penalties, including a longer stay in the county jail, become significantly harsher.
- Informal probation for three to five years;
- 120 days to one year in county jail;
- Fines of up to $1,800;
- 30 months of DUI school; and
- License suspension for three years.
We can push for alternative sentencing options if you are convicted of a third DUI. For example, we may get the court to agree to allow you to serve your time under house arrest instead.
DUI Cases Involving Aggravating Circumstances
Aggravating circumstances can result in enhanced penalties for a DUI conviction in San Jose, CA. If any of these factors are present, your penalties could become harsher, but some of these circumstances should not be present. Some of these circumstances include:
DUI Accident-causing Bodily Injury
If you caused a collision that resulted in bodily injury to another person while driving under the influence, the penalties for your DUI conviction could be significantly higher. Depending on the circumstances, you may be charged with either a misdemeanor or a felony DUI with injury. You may also be forced to pay for the other party’s injuries.
Penalty for 1st Offense DUI With Injury (Misdemeanor)
- Informal probation for three to five years.
- Up to one year in county jail.
- Fines between $390 and $5,000.
- Restitution to injured parties.
- Completion of DUI school.
- License suspension for one to three years.
Penalty for 1st Offense DUI With Injury (Felony)
- Up to four years in state prison.
- A maximum fine of up to $5,000.
- Restitution to injured parties.
- Completion of DUI school.
- License suspension for up to five years.
In addition, if anyone other than you suffers a serious injury, you could face a strike under the CA three strikes law. A felony DUI is always serious, so you should schedule a case consultation with us immediately.
BAC 0.15% Or Higher
Suppose your BAC was 0.15 percent or higher during your arrest. In that case, you may face enhanced penalties, including a longer DUI school program and installing an ignition interlock device (IID) in your vehicle.
Children in Vehicle During DUI
Suppose you were arrested for DUI with a child under 14 in the vehicle. In that case, you may face additional penalties under California Vehicle Code § 23572, including mandatory jail time and increased fines.
Statute of Limitations for California DUI
The statute of limitations for filing misdemeanor DUI charges in California is one year from the date of the offense. For felony DUI charges, the statute of limitations is typically three years. Your case may be dismissed if you’re not charged within these time frames.
What To Do After a Felony DUI Arrest in San Jose
If you’ve been arrested for a felony DUI in San Jose, it’s crucial to take the following steps:
- Contact a skilled San Jose felony DUI attorney as soon as possible. They can help you understand your rights and begin building a solid defense.
- Ten days after your arrest, ask for a DMV hearing to challenge the automatic license suspension.
- Gather relevant evidence or documentation to support your case, including witness statements and medical records.
We understand that a lot is going through your head, and if you were injured in an accident, your medical health should be your top priority. Make sure you reach out to us as soon as possible so that we can provide you with a strong defense.
Possible Defenses Against Your DUI Charges in San Jose, CA
An experienced San Jose felony DUI attorney can help you build a strong defense against your DUI charges. Some possible defenses include the following:
- Challenging the legality of the traffic stop;
- Challenging the officer’s observations and testimony;
- Challenging the accuracy of field sobriety tests or the results of a breathalyzer; and
- Demonstrating that the arresting officer failed to follow proper protocols and procedures.
Let us review the circumstances of your case with you. We may be able to get your case dismissed.
San Jose DUI School, Jail, and Courthouse
If you’re facing a felony DUI charge in San Jose, you may be required to attend DUI school, serve time in jail, and appear at the courthouse for your legal proceedings. A knowledgeable DUI attorney is essential to help you navigate these requirements and advocate on your behalf.
A few locations to note in San Jose include:
- San Jose Jail
- San Jose Courthouse
- San Jose DUI School
Schedule a Free Consultation With Our San Jose Felony DUI Lawyer at Summit Defense
If you’ve been charged with a felony DUI in San Jose, CA, contact Summit Defense immediately. Our knowledgeable and compassionate legal team is dedicated to providing our clients with the best possible representation, including the emotional support you need during this difficult time.
Our criminal defense law firm understands your challenges and is committed to helping you achieve the best possible outcome in your case. Rely on a San Jose DUI attorney from our law offices to represent you.
At your first consultation, our San Jose DUI lawyers will discuss your situation, evaluate your case, and explore potential defense strategies tailored to your unique circumstances. Remember, facing a felony DUI charge in San Jose, California, is a serious matter with potentially life-altering consequences.
A knowledgeable and experienced legal team is essential to help you navigate the challenging legal process and fight for your rights. Contact Summit Defense today, and let our San Jose DUI attorneys help you protect your future with a strong DUI defense.
