San Jose DUI Lawyer

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San Jose DUI Lawyer

San Jose DUI Lawyer

Were you recently arrested for a DUI in San Jose, CA? A conviction can lead to a suspended license, steep financial penalties, and even jail time. You don’t have to accept these penalties without a fight. An experienced San Jose DUI lawyer at Ahmed & Sukaram, Attorneys at Law can build the aggressive defense strategy you need to fight the charges, call us at (408) 217-8818

Collectively, our lawyers have over 30 years of experience handling DUI cases in Northern California. We’re well-prepared to put our experience to work for you.

Not every DUI arrest leads to a conviction. To learn more about your legal options, call our law offices in San Jose, California, to schedule a free consultation today.

How Can Ahmed & Sukaram, Attorneys at Law Help if You Were Arrested for a DUI in San Jose?

How Can Ahmed & Sukaram, Attorneys at Law Help if You Were Arrested for a DUI in San Jose?

California prosecutors handle DUI cases every day. They know the law, and they know how to convince a judge or jury to convict. You deserve an experienced San Jose criminal defense attorney who can help you even on the playing field.

At Ahmed & Sukaram, Attorneys at Law, our legal team includes a California State Bar Certified Criminal Law Specialist. Over the years, we’ve been recognized by Super Lawyers Rising Stars and the National Trial Lawyers Top 100.

Most importantly, we’ve helped countless clients beat the charges they’re facing.

Hiring us means you’ll have a skilled team to:

  • Conduct an investigation into your DUI arrest
  • Request an immediate DMV hearing to argue against license suspension
  • Analyze the prosecution’s evidence to identify any weaknesses
  • Gather evidence to show your innocence
  • Bring in experts as needed to strengthen your case
  • Negotiate with prosecutors to have the charges reduced or the case dismissed

Our goal is always to reach the best possible outcome in your case. To get started, call our San Jose criminal defense attorneys today. We offer a free consultation, so there’s no risk in calling for legal advice.

Overview of the DUI Laws in California

Like every other state, driving under the influence (DUI) of drugs or alcohol is a criminal offense in the state of California. The offense is divided into two separate categories under California Vehicle Code Section 23152.

It is illegal to:

  • Drive a vehicle while under the influence of alcohol, or
  • Drive a vehicle with a blood alcohol content (BAC) of 0.08% or more
Overview of the DUI Laws in California

You can be convicted on DUI charges if the prosecution can prove that either one of these things is true. In other words, you can be convicted of a DUI even if your blood alcohol level isn’t 0.08% or more. You can be convicted even if the police don’t take a breathalyzer to establish your BAC.

You can also be convicted if your blood alcohol content is 0.08%, regardless of whether the alcohol is influencing your driving behavior. This is called a “DUI per se.”

It’s also a crime to drive a vehicle while you’re under the influence of drugs (driving under the influence of drugs, or DUID). You can be arrested on DUID charges regardless of whether the drugs are prescription drugs, over-the-counter medications, or illegal drugs. The punishment for a DUID is the same as a traditional DUI. 

Most of the time, a DUI is a misdemeanor charge. However, it’s possible that the charges can be elevated to a felony-level crime if certain aggravating factors are present.

Underage DUI

California has a zero-tolerance policy when it comes to underage drinking and driving. 

You can be charged with an underage DUI under California Vehicle Code Section 23136 if:

  • You’re under the age of 21, so you are not legally permitted to consume alcohol
  • You had any level of detectable alcohol in your system
  • You were driving a vehicle

If convicted on underage DUI charges, you’ll face a mandatory one-year license suspension.

When Do Felony DUI Charges Apply in California?

Depending on the circumstances of your arrest, it’s possible that you could face felony DUI charges.

A misdemeanor DUI can be elevated to a felony if you’re charged with a DUI and:

  • You caused serious bodily injury or death to another person while driving under the influence
  • Within the last ten years, you have had three or more DUI convictions or wet reckless convictions
  • You have one or more prior convictions for felony DUI

If you caused another person’s death while drunk driving in Santa Clara County, you could also face felony-level charges for vehicular manslaughter under California Penal Code Section 191.5 PC. 

State prosecutors can charge you with vehicular manslaughter if:

  • You acted with gross negligence 
  • You committed some other type of unlawful action or misdemeanor crime (not a felony)
  • You were under the influence of alcohol or drugs while driving a vehicle

In cases involving particularly shocking circumstances, the prosecution could also charge you with murder if you kill someone while driving under the influence of drugs or alcohol. “DUI murder” charges may apply if you engaged in behavior that is so dangerous it demonstrates a conscious disregard for human life.

Felony DUI charges are extremely serious. If you’re facing serious criminal charges, call our San Jose DUI attorneys immediately. Our lawyers at Ahmed & Sukaram, Attorneys at Law know how to build the effective defense you need and deserve.

What Are the Penalties for a DUI in San Jose, California? 

What Are the Penalties for a DUI in San Jose, California? 

The penalties for a DUI conviction depend on the circumstances. The penalties for a first-offense DUI are much less severe than the penalties that apply in cases involving repeat offenders. Still, the punishment can be serious.

The penalties that you might face will depend on whether:

  • This is your first, second, third, or fourth DUI arrest
  • There was a minor in the vehicle
  • You held a commercial driver’s license (CDL)
  • Your BAC was higher than 0.15% (which is considered a “high DUI” with enhanced penalties)
  • The situation involved a hit-and-run
  • Anyone was injured or killed

It’s possible that both criminal penalties and administrative penalties will apply if you’re convicted on DUI charges. That makes it particularly important to have an experienced San Jose DUI defense lawyer in your corner.

Administrative License Suspension

Your license will automatically be suspended after 30 days if you’re arrested for a DUI in San Jose. You must request an administrative hearing within ten days to try to avoid this suspension.

Your license could be suspended for:

  • A minimum of four months if this was your first offense with no aggravating factors
  • One year if you have at least one prior DUI conviction
  • Four years if you’re convicted of a felony DUI
  • Five years for a conviction of felony DUI causing injury and at least one prior felony DUI conviction

Generally, there are two types of restricted licenses:

  • One where the driver can drive anywhere so long as they have an ignition interlock device and comply with other conditions
  • One where the driver does not have an ignition interlock device and attends DUI school and obtains SR-22 insurance.

With the latter restriction, a driver could gain permission to drive to school, work, and alcohol treatment programs.

Criminal Penalties for DUI Conviction

Like cases involving domestic violence or violent crimes, the potential criminal penalties can vary depending on the facts. 

If convicted on misdemeanor DUI charges, you could face:

  • As little as 0 days in jail up to 1 year
  • Three to five years of DUI probation
  • A minimum of three months in court-ordered alcohol treatment
  • Steep financial penalties
  • Installation of an ignition interlock device in your vehicle

If you were convicted on felony DUI charges, you could face:

  • Up to three years in prison without enhancements
  • An additional three years in prison for each person who suffered great bodily injury
  • 15 years to life in state prison if convicted of second-degree murder following a DUI death
  • At least 18 months in a court-ordered DUI education program
  • A three-year designation as a habitual traffic offender if you have prior DUI convictions
  • Fines of up to $1,000 (or $5,000 if defendant has been convicted of a prior DUI within 10 years)

Our lawyers in San Jose can help you fight these significant charges. To learn more about our practice areas and how we can help, call our law firm for a free case review today.

What Defenses Can Be Raised if I’m Arrested on DUI Charges in California? 

There are a number of effective defenses to DUI charges. The most effective strategy will depend on the facts of your case.

Our lawyers will review your case carefully to identify any defenses that may be valid, including:

  • Law enforcement lacked probable cause for the traffic stop
  • Police lacked reasonable cause to conduct field sobriety testing
  • The police officer lacked probable cause to arrest
  • Problems with the accuracy of your blood, breath, or urine test
  • Spoilation or improper preservation of your blood sample.
  • Unaccredited testing laboratory or technician in charge of your blood sample
  • Problems with the breath test machine
  • Rising blood alcohol defense
  • Medical condition confused with symptoms of intoxication
  • Drinking after driving defense
  • Violations of your constitutional rights or Miranda rights
  • Lack of evidence to prove you were driving a motor vehicle

The prosecution will start building their case immediately. To give yourself an advantage, contact an experienced DUI defense attorney right away. At Ahmed & Sukaram, Attorneys at Law, we’re always available to take your call, so don’t hesitate to reach out and learn more about your legal rights today.

Schedule a Free Consultation With a San Jose DUI Lawyer

Schedule a Free Consultation With a San Jose DUI Lawyer

Are you facing DUI charges in San Jose? While these charges can be frightening, it may be possible to beat them. To learn more about how an experienced San Jose DUI lawyer can help, call Ahmed & Sukaram, Attorneys at Law to schedule a free consultation today.

Nearby Courts

  • Superior Court of Santa Clara County
    191 N First St, San Jose, CA 95113
  • Santa Clara County Family Court
    201 N First St, San Jose, CA 95113
  • County of Santa Clara Hall of Justice
    190 W Hedding St, San Jose, CA 95110
  • Santa Clara County Courthouse
    1095 Homestead Rd, Santa Clara, CA 95050

Local Prisons

  • County of Santa Clara Main Jail
    150 W Hedding St, San Jose, CA 95110
  • Elmwood Correctional Facility
    701 S Abel St, Milpitas, CA 95035
  • Santa Clara County Department of Correction
    701 S Abel St, Milpitas, CA 95035
  • Santa Clara County Juvenile Hall
    840 Guadalupe Pkwy, San Jose, CA 95110

Local Sheriff

  • County of Santa Clara Office of the Sheriff
    55 W Younger Ave, San Jose, CA 95110

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