San Jose Felony DUI Lawyer

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:

1. You have three or more prior DUI convictions within ten years.
2. You have a previous felony DUI conviction on your record.
3. 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.