DUI Lawyer San Jose. If you're up against a DUI in San Jose, it can feel overwhelming. You're not just facing the loss of your license; depending on your history, you could go to prison. California law also prohibits you from refusing to take a DUI test, and the consequences you face might be even worse than a DUI conviction. And it doesn't matter if it was alcohol, marijuana, or another substance affecting your ability to drive.
Regardless of whether you're innocent or not, you don't want to be alone. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is prepared for any DUI charges in San Jose, CA.
We are California's best DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of veteran defense attorneys who know how to protect you in the San Jose, CA, judicial system and find the best result for your case.
Acting fast is key to protecting your freedom and license. Get a hold of us anytime, day or night, at (800) 755-5174 or tell us about your case online to start constructing your defense strategy today.
San Jose, CA, DUI Lawyer Traffic Stop Tips:
You may be a careful driver who doesn't violate any traffic laws, but knowing what to do if you are in a traffic stop can help you avoid an arrest. Here are four tips from a San Jose, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Have Your Documents Ready
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you already have them ready, you stop yourself from appearing inebriated.
Tip #2: Don't Talk If Alcohol Is Smelled
You aren't required to answer any questions if the officer says that they smell alcohol. You have the right to remain silent during the entirety of your interactions with the law. Don't talk without an attorney present.
Tip #3: Don't Automatically Consent to Tests
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. The officer may not like it, but they can't compel you to participate. However, you cannot legally refuse a BAC test once you are in custody, without losing your driving privileges.
Tip #4: Treat the Officer Respectfully
Refusing to cooperate with the police won't improve your case — it will come back to bite you. This is about more than just avoiding an arrest in the short term; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in San Jose?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you don't undergo any tests at all. California allows the police to make a call about whether or not you were driving impaired regardless of your alcohol level, probably with field sobriety tests, then make judgements based on how you do.
As soon as you're arrested, the CA legal system starts moving towards both a license suspension and criminal charges. In most DUI cases, here's how things will progress:
- Suspension: Your license suspension can begin as soon as you're arrested – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. While you're processing this, the police are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: At some point when you're in jail, you will attend a hearing, and a prosecutor will tell you the exact laws you're charged with breaking.
- DMV Hearing: Separate from the criminal charges, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: In most DUI cases, you'll be released in some capacity pending a trial. While you're waiting for the trial, your San Jose DUI defense attorney will file motions to strengthen your defense, such as ones to review the arrest footage, and a "blood split" motion to get a second test for your blood sample.
- Negotiations With the Prosecutor: At the same time as pretrial motions, your DUI defense lawyer will communicate with the San Jose prosecutor to present you with plea deal offers that could protect your freedom. But if you do have to fight the charges in a trial, your attorney should be refining a defense strategy now.
- Criminal Trial: Your case probably will not go to trial, but at the Law Offices of David S. Chesley, we're prepared to fight for your freedom in front of a jury, no matter what .
- Sentencing/Sealing: Depending on how your case proceeds, you may face penalties. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you fight any allegation, on both the criminal defense and DMV side. For advice on any stage with your charges, our team has the knowledge to guide you forward!
DUIs in San Jose, CA and Criminal Cases vs. DMV Hearings
San Jose, CA, DUI charges include two separate fights: The criminal case and the fight for your license. This will always require two separate defenses, but a skilled DUI defense attorney will help you with both.
Here are the key things to be aware of for each, and our process for defending your justice and driving privileges:
San Jose, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Most of the steps in a DUI criminal case are identical to that of another criminal charge – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we listen to your side of the story and discredit the charges. We'll argue whether the police had the justification needed to pull you over, poke holes in the subjective analysis of the officer, look for faults in laboratory examinations, and see if there's anything the police missed that can exonerate you.
If you're facing jail time in San Jose, CA, our attorneys can help you avoid it. Often, we'll contact the district attorney on their behalf and negotiate a charge reduction, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also avoid jail time with a probation sentence.
San Jose, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and in order to fight it, you'll need to request an administrative hearing within ten days of your arrest.
In many cases, the status of your criminal case doesn't have a huge impact on the DMV hearing. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the entire DMV hearing is about whether or not you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll argue over the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get another chance to schedule that hearing. This is why it's vital to contact a San Jose DUI defense lawyer promptly after the traffic stop.
Potential Penalties for a DUI in San Jose
San Jose, CA, DUI criminal penalties are intimidating – even though some are misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Here's an outline of the different penalties you could be fighting against, depending on what your charges are:
| DUI Criminal Charge | Jail/Prison Time | Fine |
|---|---|---|
| First Time DUI | 48 Hours to 6 Months | Up to $1,000 |
| Second Time DUI | 96 Hours to 1 Year | Up to $1,000 |
| Third Time DUI | 120 Days to 1 Year | Up to $1,000 |
| Fourth Time DUI (Felony) | 16 Months to 3 Years | Up to $1,000 |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 |
Beyond the San Jose, CA legal sentence collateral consequences, such as rising insurance rates and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. The bad news is that if you have faced DUI charges before, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI will become grounds for deportation. If you are currently applying to become a U.S. citizen, even if you aren't deported, it will hurt your application chances, especially for repeat or aggravated offenses.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a San Jose, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs and plea deals that can keep a DUI off your record, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. However, your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, you could have an avenue to either expunge or seal your records. Our San Jose, CA, DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
When You're Picking a San Jose, CA, DUI Lawyer, Consider These Factors
No matter what DUI allegations you've been charged with, it's key to pick the right lawyer to represent you. Your team needs the skills, background, and contacts to find the best outcome for your case. When you speak with San Jose, CA, DUI attorneys about your case, ask them about the following:
- Experience: If possible, both defending against charges and as government agents. At the Law Offices of David S. Chesley, our DUI lawyers have previous experience as judges, district attorneys, and law enforcement, totalling more than 50 years of experience handling cases.
- Availability: You should be able to get help fast, whenever you need it. Our lines are never off, and you can contact us 24/7.
- Relationships: You need connections to get a good plea deal. We have experience working with the prosecutors in San Jose and all throughout CA.
- Reputation: Having a good reputation as someone who secures positive outcomes for clients is essential. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Regardless of all of the points above, you want someone who knows how to get a positive outcome for your case. And we have a history of doing just that. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Defend Against in San Jose
It doesn't matter what kind of DUI you're facing in San Jose, CA – our DUI defense team is prepared help you navigate the charges.
Below, you can review a list of the DUI allegations we have experience defending:
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- Disorderly Conduct
- Disturbing the Peace
- DMV Hearing Defense
- Driving with a Suspended License
- Driving Without a License
- Driving Without Insurance
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI Accident Defense
- DUI and Professional Licenses in California
- DUI Blood Test Defense
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- DUI Penalties
- DUI with Child Passenger
- Evasion
- Exhibition of Speed
- Felony DUI
- Field Sobriety Tests
- First-Time DUI
- Fourth DUI Felony Escalation
- Hit and Run
- Hit and Run DUI
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in San Jose, CA
When you work with the Law Offices of David S. Chesley, your San Jose, CA, DUI attorney will draw from years of experience with effective defense strategies. When fighting cases, here are some of the possible defenses we'll use.
Challenge the Legitimacy of the Traffic Stop
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, your case could be thrown out on legal grounds. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With BAC Tests
If your case is centered on a BAC test that put you over the legal limit, that can sound impossible to overcome. But it isn't. Our team will investigate whether or not the procedure was followed when administering the tests, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are a typical part of any traffic stop that turns into a DUI investigation. But you can still challenge them – they are not ironclad proof of guilt. Your local DUI lawyer will inspect any records of the test and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was .08 or higher. This may sound bad, but it's not the end of your case. We can examine your diet and medical conditions to find alternative explanations.
Get Rapid Assistance – Talk To Our San Jose DUI Defense Lawyers NOW
When you're up against San Jose DUI charges, things move pretty fast. You can't drive anymore, there could be interrogations, you're told you have a court date…it's easy to feel stressed out. In order to find a way out of all that, you need to get in touch with aSan Jose, CA, DUI attorney immediately.
Don't sit by and watch the evidence mount against you. Don't lose your license because you missed the DMV hearing window. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to protect you.
We're experts at defending all San Jose, CA DUI charges. We're prepared to start building your defense immediately and will start safeguarding your license and keep you out of jail now. Speak with a lawyer now at (800) 755-5174 or let us know what you need online for a no-obligation consultation.
We also provide the following legal services in San Jose, CA:
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