Criminal DUI defense attorney San Jose
In the state of California, a person can be charged with driving under the influence (DUI) if they drive a vehicle with a blood alcohol level of 0.08 percent or higher or while abilities are impaired by alcohol or drugs. If it is the person’s first time being arrested for a DUI or if they did not cause any third party or property damage, they will usually be charged with a misdemeanor. However, if the person has prior convictions or if they caused bodily harm to a third party or extensive property damage, it is likely they will be charged with a felony. At these times, more than ever, is when an experienced lawyer will make all the difference. A capable lawyer can fully investigate the charges and create a plan of defense that has the greatest chance of standing up in court.
DUI Convictions & Penalties
A person who has been convicted of driving under the influence in California will face a variety of severe legal consequences. This is why it is so important to work with a skilled attorney who can provide effective legal counsel. The legal penalties associated with a DUI charge may include, but are not limited to:
- Jail time
- Monetary fines
- Community service
- Driver’s license suspension
- Vehicle impoundment
- DUI school
After a person has been charged with or arrested for DUI, it is imperative that the person consults with skilled criminal defense attorney. A lawyer can get involved from the onset of the legal process and provide insight and direction as the person’s case progresses. Additionally, a criminal attorney can negotiate with judges and prosecutors to possibly have the person’s criminal charges reduced, or in some cases, dismissed entirely.
Challenging Drunk Driving Charges
A person who has been arrested for a DUI needs to weigh their options in challenging these criminal charges. Particularly if you took a breath test and failed, you may feel that you have little to no chance of avoiding a conviction. This does not have to be the case. Just because you were arrested does not mean that you should be found guilty. A skilled criminal lawyer can help you fight drunk driving charges to help you avoid a conviction and even save your license from suspension by the Department of Highway Safety and Motor Vehicles (DHSMV), also known as the DMV.
When you work with our firm, you will find that we provide a two-pronged approach to your case. In addition to protecting your rights in criminal court proceedings, we will represent you interests at your DMV hearing to challenge the suspension of your license. As we handle both sides of the case, we have found that we are able to build a more effective defense.
There are different approaches that we may take in challenging drunk driving charges. This may include looking at the manner in which field sobriety tests or a breath test was administered, whether an arrest was lawful and whether the evidence against our client should hold any weight in court. We may be able to have evidence dismissed based upon procedural violations or other types of mistakes or violations of your legal rights.
DUI Defense Attorneys: Capital Law Offices
At Capital Law Offices our criminal attorney has represented many clients who were facing DUI convictions and harsh legal penalties. With our help, our past clients have been able to fight their driving under the influence charges and obtain successful outcomes in court and at their DMV hearings. Our lawyers are aggressive, professional litigators who are ready to help you, no matter whether this is a first offense or if you have multiple DUI convictions already on your record.
If you have any questions or would like to schedule a FREE initial consultation with one of our experienced attorneys, please Contact Us online or call at (408)627-4898 today!