San Jose DUI Attorney
Driving while under the influence of any alcoholic beverage is illegal under California Vehicle Code Section 23152(a) VC. Under this law, a motorist who displays any signs of intoxication can be charged with DUI even if their blood alcohol concentration (BAC) is above the legal limit.
What Happens After an Arrest
Following a DUI arrest, the arresting officer must immediately forward a copy of the notice of suspension or license revocation to the Department of Motor Vehicles. The DMV will review all field sobriety tests, blood or breath tests and the revocation or suspension orders. Once all of the necessary paperwork has been received to the DMV, you will have ten days to contest your DUI charge.
If you have been arrested for driving under the influence of alcohol or drugs, it is important that you understand the charges against you and get in touch with a San Jose criminal defense attorney as soon as possible. When you work with my firm, I will fully investigate the conditions leading to your arrest, examine if the stop was legitimate and challenge any breath or blood tests that may have been administered. Many people who have been arrested for a DUI are initially asked to participate in a field sobriety test. These tests are not clear indicators on blood alcohol levels and can be contested.
What penalties am I facing?
Drunk driving penalties are incredibly harsh. If you were arrested, jail or prison time, fines and license suspension will vary depending on the number of prior offenses you may already have. First time offenders may be facing up to six months in jail, $2,600 in fines and a 10 month license suspension. If this is not your first offense, you may be facing up to one year in jail, $18,000 in fines and a license suspension of up to three years. The state of California also works on an implied consent law, which means that if you refuse to adhere to the breath or blood test, you are considered automatically guilty and will have your license suspended.
California’s implied consent law can impose severe consequences for a driver who refuses to submit a breath test, blood test, or urine test. When you sign your driver’s license you agree to obey all traffic laws and to make reasonable safety decisions before getting behind the wheel, and you imply consent to any testing.
It’s also important to realize that the details of your case will impact the severity of your consequences. Additionally, any DUIs that you have received in any other states count towards the number of prior offenses you have. So, if you were in Nevada or Colorado or any other state and you received a DUI within 10 years prior to your DUI in San Jose, then you will need to be prepared for that to come up.
California’s Drug Definitions
California’s law defines a drug as a substance or a combination of substances that can affect a person’s nervous system, brain, or muscles in a way that impairs their ability to drive as an ordinarily cautious person would. This substance, or combination of substances, other than alcohol, prevents a person from being in full possession of their faculties they are normally in when sober. Well-known illegal drugs such as methamphetamine, cocaine, and heroin can definitely lead to a DUID charge. Legal drugs, such as cannabis, are also included in the list of substances that one can be pulled over and given a ticket for.
But what people need to understand is that prescription drugs can also get you arrested for DUID as well as over-the-counter (OTC) medications, such as cold medicines and anti-histamines. Some prescriptions and OTC medications come with warning labels saying that they can cause drowsiness or dizziness and that users should not drive or operate machinery until they know how it affects them. If you fall asleep at the wheel and hit another vehicle, or if your driving is erratic because you are on OTC medications, then you are at risk of being pulled over and given a ticket for DUID.
What To Do If You Get Pulled Over
Your behavior on the side of the road can matter significantly when your case is being heard by a judge or a jury. You want to be polite, calm, and make your interaction with the police as brief as possible. Arguing with them not only puts you at risk of having your breath noticed (which can give the police probable cause), but anything you say can and will be used against you in court. Many officers have the ability to record audio and video, so you do not want anything to be recorded that will implicate you. Slurred speech, rudeness, and other behaviors can be picked up by their cameras and shown to the court.
Instead, you want a San Jose DUI attorney talking for you. Only an experienced and knowledgeable California DUI attorney can advise you on the state traffic laws, but can also advise you on the specific consequences you are facing based on the circumstances of your DUI. You have a right to an attorney, so use that right and let Edward N Ajlouny do the talking for you.
DMV Hearings
Separate from your DUI hearings are your hearings with the DMV in regards to your suspended license. It is the Division of Motor Vehicles who restricts or revokes your license, not the courts, so these hearings are separate from the ones involving your criminal penalties. You should contact us if you want representation during these hearings to reinstate your license.
It’s important to note that you have 10 days from your DUI arrest to schedule your hearing to reinstate your suspended license. Otherwise, you forfeit your right to a hearing. We recommend that you call us right away to help you with setting up and your DMV hearing and to represent you.
Frequently Asked Questions for San Jose DUI Attorneys
People often have questions about the traffic laws in California. If you do not see the answers that you were looking for then please give us a call to speak to us about your specific case.
What are DREs in California?
In the 1970s the Los Angeles police department created the Drug Recognition Expert course in response to what seemed to be an increase in DUIs. Later the LAPD collaborated with the National Highway Traffic Safety Administration to create a standardized training curriculum for DREs.These are specialists which are trained to identify when a person is under the influence of narcotics.
Can I be penalized for avoiding a DUI checkpoint?
It is not illegal to avoid a DUI checkpoint. If you legally turn around then that in itself is not grounds to be suspicious of you. But if you are displaying signs or symptoms of being drunk or otherwise impaired behind the wheel, then the police are in the perfect location to stop you and question why you were in such a panic to getaway. They will use that to justify wanting to assess you for DUI.
Obtain Guidance from a San Jose DUI Lawyer
Have you been accused of driving under the influence? It is important that you contact a San Jose DUI attorney as soon as possible. Many people assume that there is no way to get out of DUI charges, but the truth is that you may be able to receive reduced charges or be acquitted altogether. If you are questioning the legitimacy of your case, or the conditions that you were stopped under, you need to contact a San Jose criminal lawyer as soon as possible. I offer free case evaluations to all potential clients and can help you build a strong defense for your DUI charges.
