Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

Call Today for a Free Consultation | Se Habla Espanol


San Jose Criminal Lawyer for Multiple DUIs

san jose multiple dui defense attorney

Drunk Driving Defense Attorney in Mountain View, Cupertino, Saratoga, and the Surrounding Areas

While a first-time driving under the influence (DUI) conviction can result in fines and jail time, the consequences for multiple DUI convictions intensify upon each successive DUI conviction. A second conviction can lead to 96 hours or up to one year in county jail. A third conviction carries a mandatory minimum of 120 days of jail and fourth conviction is routinely charged as a felony. It is critically important that you contact an attorney if you have been arrested for a second or third DUI. California criminal defense lawyer Erik Johnson will defend your rights and protect your best interests. He has over ten years of experience representing clients charged with DUI-related crimes throughout the San Francisco Bay Area.

How Repeat DUIs Are Classified

A prior DUI can be used to increase the penalties for future DUIs or elevate a misdemeanor to a felony. California uses a ten year "look back" period, meaning that any prior DUI conviction within ten years of the current DUI will be used to impose stiffer penalties including jail time, length of driver's license suspension and the requirement of an ignition interlock device. The DUI can be charged as a felony if it is a fourth offense within ten years, the driver caused an injury to another person (even if not serious) or the defendant has a prior felony conviction within the last ten years.

Ignition Interlock Device Installation

All persons 21 and over with multiple DUI convictions must have an ignition interlock device (IID) installed in their vehicle. To receive a restricted license that allows you to drive to and from work, you must enroll in the 18-month multiple offender program.

  • Second DUI: IID is mandatory for 18 months or 24 months for a DUI that resulted in injury.
  • Third DUI: IID is mandatory for 24 months or 48 months with DUI with injury.
  • Fourth DUI: IID is mandatory for 36 months. The option is revoked for a DUI with injury until after a 12-month no-drive suspension.

Some drug DUIs are subject to the new IID rules, but suspensions are different and licensees may not be immediately eligible for a restricted license. Contact an attorney for more information.

Strong DUI Defense in California

Because repeat DUI offenses can result in harsh penalties and infringements on personal liberties they require the assistance of a highly-experienced attorney. Fortunately, there are many situations in which DUI charges can be fought at either the pretrial or trial level. Some of the most common ways in which our firm establishes a strong legal defense include:

  • Rising Blood Alcohol – Using science in the field of consumption, absorption, and elimination of alcohol in the human body to prove that at the time of driving, your blood alcohol level was actually below .08 percent.
  • No Proof of Driving- The prosecutor must prove you drove a motor vehicle. This can be a defense if no one saw actual driving.
  • Errors in the Collection and Preservation of Blood – There are strict rules on how blood is drawn, stored and analyzed. Errors in these procedures can call toxicology results into real question
  • Reliability - Challenging the reliability of the breath machine and the procedures taken to capture breath results
  • Probable Cause - Challenging the legality of the stop or arrest.

Avoid Severe Penalties

Drivers that are charged with repeat DUI offenses can face a range of life changing punishments including incarceration, loss of license, hefty fines, alcohol education courses, increases in insurance premiums and the installation of an ignition interlock device, requiring the driver to "blow" into a breath machine before operating a vehicle. You may have a defense and not even know it. Call Attorney Erik Johnson for a free consultation on your DUI matter.

Contact Our San Jose DUI Defense Attorney

If you are facing a DUI with priors, Attorney Erik Johnson will relentlessly fight for your rights. He is highly trained and skilled in defending and successfully litigating repeat DUI defenses all the way to acquittal, dismissal, or reduced charges. Contact our office for a free consultation by calling 408-246-3004. We serve clients in San Jose and the greater San Francisco Bay area, including Santa Clara County and Alameda County.

Back to Top