San Jose 2nd Time DUI Attorney
Facing a second driving under the influence (DUI) charge in San Jose, CA, is a serious situation, as it can come with significant penalties, including jail time and fines. With so much at stake, it’s crucial to hire an experienced criminal defense lawyer who is thoroughly prepared to fight these charges and advocate on your behalf every step of the way.
With more than 30 years of combined legal experience, the lawyers at Ahmed & Sukaram, Attorneys at Law know what to do to give you the best chance at beating your charges. If you need help with a DUI charge in the area, we’re here for you. Contact our law office at (408) 217-8818 for a free consultation with an experienced criminal defense lawyer in San Jose, CA.
How Ahmed & Sukaram, Attorneys at Law Can Help if You’re Arrested for a 2nd DUI in San Jose
When you are facing a 2nd DUI charge, the stakes are incredibly high. With harsher potential penalties on the line, it’s crucial to have knowledgeable representation in your corner.
Look no further than Ahmed & Sukaram, Attorneys at Law. We’re an award-winning criminal defense law firm in San Jose that has successfully handled thousands of cases. Here’s how we can help you:
- We will conduct an in-depth investigation of the incident. This includes analyzing police reports, chemical test results, and arrest procedures, for example.
- If we determine it’s appropriate after this investigation, we will file a motion to suppress any illegally obtained evidence so that it can’t be used against you going forward.
- We will negotiate with the prosecutor to try to come to a plea agreement that reduces your charges and/or penalties.
- If necessary, we’ll be prepared to take your case all the way to trial.
If you’re a defendant facing a DUI charge, it’s important not to try to handle this alone. Contact us today to set up a free consultation with a trusted San Jose DUI attorney.
Overview of 2nd Time DUI Law in California
If you’re facing a second DUI charge in California, it’s important to grasp the severity of the situation. Under state law, consequences for each subsequent drunk driving conviction escalate, and the penalties increase quite a bit.
Under California law, there is a specific period recognized as the “10-year lookback.” This means that if your second DUI occurs within ten years from an initial one, then it is treated as a “repeat offense,” bringing harsher treatment under the law.
What Are the Penalties for 2nd Time DUIs in San Jose, California?
While the precise DUI penalties will depend on the specific factors of each case, you can generally expect:
- Summary probation for 3 to 5 years
- At least 96 hours of jail time, up to 1 year
- Fines of between $390 and $1,000 and at least $1,000 in other penalties
- DUI school for at least 18 months and up to 30 months
- Installation of an ignition interlock device (IID) for 1 year
- A driver’s license suspension for up to 2 years (though after 1 year, you can likely obtain a restricted license, and in some cases, you can get a restricted license right away once your IID is installed)
You could also be required to attend Alcoholics Anonymous (AA) meetings or other types of drug and alcohol treatment.
Additionally, there are aggravating factors that can increase your jail sentence and duration of license suspension, including excessive speed, causing an accident, refusing to submit to a blood or breath test, driving with children under the age of 14 in the car, and having a BAC of above .15.
What Defenses Can I Raise if I’m Arrested for a 2nd Time DUI in San Jose?
There are many potential defenses you can raise against DUI charges. Here are some possible tactics your attorney might use:
Challenging the Traffic Stop
One common line of defense hinges on questioning the legality of your traffic stop. Your lawyer can argue that law enforcement lacked proper cause for initially stopping you, making the stop unlawful. If this can be established, any evidence obtained from the unlawful traffic stop could potentially be suppressed by the court, meaning it cannot be used against you.
Rising Blood Alcohol Concentration Defense
Another defense strategy involves questioning the accuracy of your blood alcohol concentration (BAC). Your defense lawyer can contend that your BAC was within the legal limits while you were driving but rose to above the legal limit by the time testing was conducted.
No Driving or Control of Vehicle
In situations where an officer didn’t personally observe you operating a vehicle – like if they arrived on the scene later – it could be argued that there isn’t enough evidence to show actual physical control of the vehicle.
If other individuals were present in or around your car at the time of arrest, but it’s not clear who was doing what exactly, this can help your defense.
Being charged with a second DUI is serious, but an ideal defense strategy could make all the difference. Always make sure you speak with a criminal defense lawyer right away.
Every DUI case is unique, with its own set of circumstances and potential defenses. Working with a dedicated lawyer who understands the complexities of DUI law in California can significantly influence your case outcome for the better.
The legal team at Ahmed & Sukaram, Attorneys at Law, are well versed in these matters and possess a track record for achieving positive results. Don’t navigate this complex process alone; contact us today to schedule a free consultation with a San Jose 2nd time DUI attorney.