San Jose DUI Penalties Attorney Providing Strong Defense

Those who are accused of driving while under the influence of drugs or alcohol (DUI) in the state of California can be subject to very serious penalties. These can include time in jail or prison, probation, expensive fines, suspension of driving privileges and much more. The severity of the DUI penalties a person convicted of this offense can receive will depend on various factors, such as the driver’s previous DUI record, whether others were injured as a result of the DUI, whether the driver submitted to a chemical test after arrest and more.

Once a person is arrested for DUI, the problem should not be ignored. For those who are arrested for this offense in the San Jose area, it is crucial to work with an experienced San Jose criminal defense lawyer who can provide representation that meets each client’s needs. Even if an individual has a history of previous DUI convictions, it could still be possible to avoid the negative consequences that person could be facing, or at least to have them minimized. Attorney Edward N. Ajlouny is equipped to help you understand your charges, sentencing possibilities and tactics for moving forward.

Penalties Based on Previous DUI Convictions

Individuals who are convicted of DUI for the first time can receive any of the following penalties:

  • Imprisonment in county jail for up to six months (but not fewer than 96 hours)
  • Fine of $390 to $1,000
  • License suspension for six months
  • Participation in a drug or alcohol program (for at least three months or at least nine months, depending on the driver’s blood alcohol concentration, or BAC, at time of arrest)

Those who receive DUI convictions for the second time within 10 years of first offense can be subject to any the following penalties:

  • Imprisonment in county jail for 90 days to one year
  • Fine of $390 to $1,000
  • License suspension for two years
  • Participation in a DUI program (for 18 months or 30 months)

Upon third DUI convictions, which occur within a 10-year period of the previous offenses, individuals can be sentenced to:

  • Imprisonment in county jail for 120 days to one year
  • Fine of $390 to $1,000
  • License revocation for three years
  • Participation in a DUI program (for 18 months or for 30 months)

For a fourth or subsequent DUI conviction, the following penalties can apply:

  • Imprisonment in county jail for 180 days to one year
  • Fine of $390 to $1,000
  • License revocation for four years
  • Participation in a DUI program (for 18 months or 30 months)

In certain cases, it is possible to receive probation of three to five years in place of all or part of a jail sentence. It could also be possible for those who have lost their driving privileges to obtain restricted driving licenses, which allow individuals to use their vehicles when traveling to work or to a court-ordered program.

When drivers use restricted driver’s licenses, they are often required to have ignition interlock devices installed in their vehicles, particularly when they are repeat offenders. Ignition interlock devices required drivers to submit clean breath samples before their vehicles are able to start. Individuals using these devices are usually required to provide additional samples while they are actually driving in order to ensure they remain sober.

Factors Leading to Harsher Penalties

There are certain types of situations that can cause a DUI offender to receive even harsher penalties. Individuals who refuse to submit to (or who fail to complete) breath or blood tests after being arrested can receive lengthier license suspensions. For example, a first-time offender who refused one of these tests can have his or her license suspended for one year, rather than just six months.

Another factor that can lead to harsher penalties is whether or not the driver caused bodily injury to others through the DUI offense. When another person was injured due to a DUI, the offender can be charged with either a misdemeanor or a felony, depending on the facts of the case. These types of charges can lead to more severe penalties, such as time in prison instead of jail. There are also other ways individuals can receive felony DUI charges, such as when they are accused of the offense after having at least three previous DUI-related convictions or at least one previous DUI felony conviction.

Working with a Seasoned Criminal Defense Lawyer

Attorney Ajlouny is a highly experienced criminal defense lawyer who is equipped to challenge many different types of DUI charges. He has spent the last 17 years defending individuals who have been accused of criminal offenses, including DUI. He has even gained insight into prosecutors handle criminal cases since he also formerly worked in the Santa Clara District Attorney’s Office.

Mr. Ajlouny advocates for his clients in order to help them achieve the best results possible in their cases—whether that means getting client probation in place of jail time, or getting a client’s charges complete dropped or acquitted. Contact our office to learn more about your options for defending yourself against DUI allegations.