If you’ve been arrested or charged with driving under the influence in San Jose, California, you could face jail time, hefty fines, the loss of your driving privileges, and more. It’s essential to retain legal representation to protect yourself and minimize the potential penalties you could receive.
A San Jose DUI lawyer at Ahmed & Sukaram, DUI and Criminal Defense Attorneys is here to advocate for you and prepare an effective and aggressive defense strategy. Our legal team has 30 years of combined experience, and we’ve successfully handled over 3,000 criminal cases.
Don’t try to handle DUI charges alone. Contact our law office at (408) 217-8818 for a free consultation with an experienced criminal defense lawyer in San Jose, CA.
How Can Our San Jose Criminal Defense Attorneys Help If You Were Arrested for a DUI?
A DUI conviction will remain on your California driving record for a decade and on your criminal record indefinitely unless you qualify for expungement. That’s why it’s important to start fighting the charges as soon as possible.
As soon as we speak to you and understand your side of the story, our San Jose DUI attorneys will begin gathering evidence and crafting a defense tailored to your case’s facts.
When you hire Ahmed & Sukaram, DUI and Criminal Defense Attorneys for help with your DUI case, we’ll:
- Evaluate the prosecution’s evidence against you to find weaknesses in their DUI case (e.g., lack of probable cause, issues with the chemical testing, etc.)
- Use any deficiencies in the case to negotiate on your behalf
- Request a DMV hearing and represent you in the administrative proceedings to protect your driving privileges
- Consult toxicology and other experts as necessary to prove your innocence
- Work to have your charges reduced via a plea deal or dismissed, or argue your case at trial if it’s in your best interest
We believe that everyone deserves fair representation. Whether you had a lapse in judgment or are innocent of the charges, our criminal defense attorneys in San Jose are here to help. Contact us today for a free and confidential consultation.
What Are the Penalties for a DUI Conviction in San Jose, California?
The punishment for driving under the influence in California will depend on several factors, such as:
- Whether you’ve been convicted of a DUI in the last ten years
- Whether any aggravating factors exist, such as if you caused bodily injury or killed someone while driving under the influence
Below, we discuss the various penalties that may be imposed based on the nature of the DUI.
First-Time DUI Offense
If it’s your first DUI conviction, your possible penalties can include:
- Between 96 hours and six months in county jail
- A fine between $390 and $1,000
- License suspension for up to six months (or four months if you participate in the Ignition Interlock Device Program, resulting in restricted driving privileges)
- Completion of a drug or alcohol program for three to six months
- Probation
Even if it’s a first-time DUI conviction, it’s a misdemeanor and can have significant consequences.
Second-Time DUI Offense
If you’ve received a prior offense (DUI or reckless driving) within the last ten years, the potential penalties are:
- Between 90 days and one year in jail
- A fine between $390 and $1,000
- License suspension for two years (or one year if you’re eligible for a restricted license)
- Completion of a DUI program between 18 and 30 months
The court can deny your eligibility for a restricted driving license if they think it would be a public safety concern or traffic risk.
Third-Time DUI Offense
If it’s your third DUI within a 10-year period, you may face the following consequences:
- Between 120 days and one year in jail or prison
- A fine between $390 and $1,000
- Driver’s license revocation for three years (or two years if you’re eligible for a restricted license)
- Completion of a DUI program between 18 and 30 months
- Designation as a habitual traffic offender for three years
Habitual traffic offender status means you will face harsher penalties if you’re convicted of any other traffic violation during your designation period.
Fourth-Time DUI Offense (Or Subsequent Offenses)
For a fourth or subsequent DUI conviction, the following penalties may be imposed:
- Between 16 months and three years in prison
- A fine between $390 and $1,000
- Revocation of your driver’s license for four years
- Completion of a DUI program between 18 and 30 months
- Designation as a habitual traffic offender for three years
A fourth DUI usually results in a felony DUI conviction, but in some circumstances, it can be charged as a misdemeanor.
First-Time DUI Offense Causing Bodily Injury
For a first-time DUI that causes bodily injury, the penalties could include:
- 90 days to one year in jail or prison
- A fine between $390 and $1,000
- License suspension for one year
- Completion of a drug or alcohol program
- Restitution to victims
You could also face civil liability for the victim’s damages.
DUI Causing Bodily Injury With a Prior Offense
If you are convicted of a DUI that caused bodily injury and you have a prior offense, the following penalties may apply:
- 120 days to one year in jail or prison
- $390 to $5,000 fine
- License revocation for three years
- Completion of a DUI program between 18 and 30 months
- Restitution to victims
A DUI attorney in San Jose will fight to reduce these penalties.
DUI Causing Bodily Injury With Two or More Prior Offenses
If you are convicted of causing bodily injury while driving under the influence and have two or more prior convictions, you could face:
- Two to four years in prison
- A fine between $1,015 and $5,000
- Revocation of your driver’s license for five years
- Completion of a DUI program between 18 and 30 months
- Restitution to victims
This is a serious criminal offense that requires assistance from a seasoned criminal defense attorney.
Vehicular Manslaughter While Intoxicated
If you were convicted of DUI and killed someone, you could face between 16 months and ten years in prison. It will depend on whether you acted grossly negligent or not. If you have prior DUI-related convictions, you could face imprisonment for 15 years to life.
Contact Our San Jose DUI Attorneys for Help Fighting Your Charges and Minimizing Your Penalties
A California DUI conviction is serious. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys to speak with an experienced San Jose criminal defense attorney regarding your legal rights and options. We offer a free, no-obligation case evaluation, so call now to schedule yours.