SAN JOSE DUI ATTORNEY
An arrest for a charge of driving under the influence can be life-altering and put great strain on your job and career. Don't face such a charge alone. You n
eed an experienced San Jose DUI attorney to fight your case. A DUI conviction can lead to jail time, excessive fines, loss of driving privileges and vehicle impoundment.
DUI defense is complex and often requires scientific analysis by an expert. Mr. Johnson's background has given him the insight to fight DUI charges and he understands the details that effect DUI prosecution. He will immediately request a DMV hearing to protect your driving privileges and fight the prosecutor in court.
Mr. Johnson will investigate your case to ensure that the police did not violate your constitutional rights by examining the nature of the vehicle stop. He will look for ways for possible dismissal and explore alternatives to a straight DUI conviction.
Consequences for driving under the influence:
First Offense:
You may be ordered to serve 48 hours to six months in county jail. The court will impose a fine of not less than $395 and up to $1,000 (plus penalties and assessments), order you to attend a 3 to 9 month alcohol treatment program and DMV will suspend your license for 6 or 10 months.
Second Offense:
You may be ordered to serve 96 hours or up to 1 year of county jail, face an 18 or 30 month alcohol program and DMV may impose a license suspension for 2 years.
Third Offense:
The court may order 120 days or up to one year in county jail, large fines and fees and DMV will suspend your license for 2 years.
Fourth Offense:
Now you can be charged with a felony and face up to 3 years in the state penitentiary.
RIGHT TO A DMV HEARING
You only have 10 days from your arrest to request a hearing with the Driver Safety Office of the DMV. Driving in California is considered a privilege, not a right; however you have the right to a hearing to maintain your privileges. Mr. Johnson believes in attending such hearings in person because he knows that keeping your license can be the most important aspect of the DUI charge.
SAN JOSE DUI DEFENSE
California law makes it illegal to drive a motor vehicle while under the influence. Specifically:
•· It is illegal to operate a motor vehicle under the influence of an alcoholic beverage or drug or the combination of the two.
•· It is illegal to operate a motor vehicle while under the influence with a blood alcohol concentration of .08% or higher.
If you are looking for a San Jose DUI lawyer or a Santa Clara criminal defense lawyer, contact Erik Steven Johnson at 408-246-3004 for a free consultation today. We encourage you to read additional information regarding felony charges and other criminal law matters on our San Jose Criminal Defense blog.