DUI Law in San Jose, CA
What Is a DUI?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney in San Jose, California who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a San Jose, California DUI Conviction
Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a San Jose law firm on your side to fight for you and your rights.
If convicted of driving under the influence of alcohol or drugs in San Jose, California, you can count on fines being a part of your sentencing. The California Department of Motor Vehicles states that the minimum fine for a first offense DUI is $390. The maximum fine for a first offense DUI is $1,000. However, you may also be assessed court penalties which can drive the fine even higher.
However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
Jail time is mandatory, even for first-time offenders in San Jose. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
San Jose residents on probation are expected to comply with the regulations set forth. You will be assigned a probation officer and are required to meet with the officer regularly. Your probation officer may also schedule random drug screenings, as well as spot inspections of your residence. Failure to comply with these requirements may result in jail time and the revocation of your probation. Offenders in San Jose will also be expected to follow all laws, pay restitutions, and refrain from drug and alcohol use. There is a U.S. Probation Office in San Jose located within the Robert F. Peckham Federal Building.
Drug and Alcohol Education Program
Following a San Jose DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
The Behavioral Health Services of San Diego County offers court mandated classes to educate offenders on the dangers of substance abuse. This will also help offenders take the necessary steps to reinstate their license. They offer programs based on need and severity of the arrest. There are 3, 6, 9, 12, or 15 hour classes designed for education, reflection, and prevention.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in San Jose, California?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With San Jose, CA DUI Law
Immediately following your DUI arrest, you need to contact an experienced San Jose DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your Local DUI Laws
San Jose, California has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
You or your attorney should request a hearing as soon as possible following your arrest. In San Jose, California you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.
According to The California Department of Motor Vehicles you have 10 days from the time of your arrest in San Jose to file a hearing with the DMV. Your request must be submitted in writing and be accompanied by a check or money order totaling $120.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your appearance and arraignment in San Jose. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in San Jose, California
Should you ever find yourself charged with a DUI, you need to work with an experienced San Jose, California lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across California state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!