San Jose Felony DUI
Driving under the influence (DUI) is a serious criminal charge. You could face jail time and hefty fines. A San Jose felony DUI conviction could result in a lengthy prison sentence.
You should fight felony DUI charges with the help of an experienced criminal defense attorney. At Ahmed & Sukaram, Attorneys at Law, our San Jose felony DUI lawyers have over 30 years of collective legal experience handling criminal cases. Since 2005, we have won over 3,000 cases for our clients, we have experience working with homicides in San Jose, restraining orders, shoplifting, drug crimes, violent crimes in San Jose, and more.
You do not have to plead guilty to DUI charges without a fight. Instead, contact our law firm at (408) 217-8818 to schedule a free consultation with one of our experienced DUI attorneys in San Jose, CA.
How Our San Jose DUI Lawyers Help You With Felony DUI Charges
We are serious about criminal defense in San Jose, California. Our attorneys are recognized as Rising Stars, Top 40 Lawyers Under 40, and Top 100 Trial Lawyers. We have a California State Bar Certified Specialist in criminal law on our staff and a nationally published criminal defense author.
Our San Jose DUI lawyers are aggressive trial lawyers with considerable experience in the courtroom. We have tried over 50 criminal cases. Our attorneys are also skilled negotiators who understand how to use the evidence in your case to negotiate fair plea agreements when going to trial is not in your best interest.
When you hire Ahmed & Sukaram, Attorneys at Law, you can expect us to:
- Review the evidence the state has against you to develop the best defense strategy to use in your case
- Investigate your DUI arrest to determine whether the police officers violated your rights
- Challenge chemical test results and the police officer’s testimony establishing probable cause
- Gather evidence, interview witnesses, and utilize expert witnesses
- Negotiate terms for a plea deal to reduce charges and penalties
- Keep you informed of the progress of your case and advise you of your options
- Aggressively argue your case in court and advocate for your acquittal
You deserve to have the best defense possible to drunk driving charges. Call our law office to schedule a free case review with an experienced San Jose DUI attorney.
How Does a Drunk Driving Charge Become a Felony DUI Offense in San Jose, CA?
Most charges of driving under the influence in San Jose are misdemeanor charges. California Vehicle Code §23152 makes it illegal to operate a motor vehicle in California if you are under the influence of alcohol and/or drugs. You can also be charged with DUI if your blood alcohol concentration (BAC) is above the legal limit.
There are three ways that a drunk driving arrest can become a felony DUI charge:
- You have three or more DUI convictions or wet reckless convictions on your criminal record within the past 10 years;
- You have a prior conviction for felony DUI on your criminal record; OR,
- You cause bodily injury or death to another person while driving under the influence.
Several aggravating factors could lead to felony criminal charges. Also, a drunk driving conviction in another state could count against you in California if the offense could have been charged as a DUI under California law.
What Is the Sentence for a Felony DUI Conviction in San Jose?
The penalties for drunk driving can be severe. Because you are charged with a felony offense, you face the most severe penalties if convicted. The penalties for a felony DUI in San Jose include the following:
- Revocation of your driver’s license for at least five years
- Mandatory attendance at DUI school
- Fines and assessments totaling thousands of dollars
- Up to four years in state prison (could be longer for DUI fatalities)
- Designated as a Habitual Traffic Offender (HTO) by the California Department of Motor Vehicles for three years
- Payment of restitution to accident victims
- Formal (supervised) probation
- A strike against you under California’s Three Strikes Law
Aggravating circumstances could result in additional criminal charges, which could carry harsh sentences. For example, you could be charged with a Watson Murder (second-degree DUI murder) if someone dies in a DUI accident that is your fault. You could be charged with child endangerment if you have a child in the vehicle with you.
Are There Defenses to Felony San Jose DUI Charges?
The facts of your case determine the DUI defenses our lawyers use in your case. Potential defenses for felony DUI charges include, but are not limited to:
- The police officers did not have reasonable suspicion for a traffic stop and/or probable cause for a DUI arrest
- Challenge the chemical test results because of rising alcohol levels, medical conditions, or residual mouth alcohol
- Environmental factors, police errors, and/or a person’s health conditions resulted in inaccurate and unreliable results from field sobriety tests
- Violations of Title 17 regulations for collecting, testing, and storing blood samples
- The arrest was made at an unlawful DUI checkpoint
- The alcohol in your system did not impair your ability to drive
If you are arrested for driving under the influence in San Jose, do not talk to the police or a prosecutor without a lawyer with you. It is best to remain silent and refuse to answer questions until you can talk with a San Jose DUI defense lawyer.
Schedule a Free Consultation With Our San Jose DUI Lawyers
Facing felony DUI charges can be frightening, but you do not have to do it alone. You can have an experienced legal team on your side to fight for a fair outcome in your case. Contact us to schedule your free consultation with one of our San Jose felony DUI attorneys.
You can also contact a DUI lawyer in Redwood City, CA.