If you’re facing charges for driving under the influence (DUI) in Santa Clara County, CA, one of the most important things you need to do is speak with a criminal defense lawyer. DUI charges can carry surprisingly harsh penalties, even including jail or prison time depending on the circumstances and your criminal history.
Our team has decades of experience with defendants like you. If you need assistance in Santa Clara County, California, we’re here to help. Contact Ahmed & Sukaram, Criminal Defense Attorneys at (408) 217-8818 to schedule a free consultation with a Santa Clara County DUI lawyer.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help if You’re Arrested for a DUI in Santa Clara County
After being arrested for DUI in Santa Clara County, California, working with a lawyer is so important. Our team of criminal defense attorneys has 30 years of combined experience in criminal defense litigation. In the two decades since the firm opened, we have been fighting for the rights of clients just like you.
Our team of Santa Clara County criminal defense lawyers has been recognized by the CA State Bar as Certified Specialists in Criminal Law, Super Lawyers Rising Stars (2012-2021), and the National Trial Lawyers Top 100. With our experience and excellence, we are ready to take on your DUI case and go to battle to get the best result possible.
Here’s how our team can help you:
- We’ll look into the details of your arrest – like whether there was probable cause to stop or arrest you or if officers followed proper testing procedures – to potentially challenge the evidence against you.
- Our attorneys will represent you in DMV hearings to help you avoid or reduce license suspension.
- Whether through negotiating plea deals or going to trial, we’ll work to lower charges, minimize fines, or even get your case dismissed if possible.
For help with a DUI charge in Santa Clara County, California, contact us as soon as possible. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a Santa Clara County DUI lawyer.
Overview of DUI in California
California has strict DUI laws in the country, and it’s essential for everyone in the state to understand them.
Here’s an overview:
Two Main Alcohol-Related DUI Charges
Most people arrested for driving under the influence in California face two charges at the same time: driving under the influence of alcohol and operating a vehicle with a blood alcohol concentration (BAC) of .08% or higher. Although there are typically two charges, it is possible that only one conviction will go on your record.
Drug-Related DUI
Driving under the influence includes not only alcohol but also controlled substances, prescription medications, and even over-the-counter products such as cough syrup. A driver can face DUI charges if their ability to operate a vehicle safely is impaired, regardless of whether the substance is legal or illegal.
Strict DUI Laws for Certain Groups of Drivers
California has strict rules for specific groups, including commercial drivers, rideshare operators, underage motorists, and anyone on DUI probation. For instance, a BAC of .04% can lead to charges for a commercial driver or a rideshare driver like Lyft or Uber. Zero-tolerance laws also apply to underage drivers.
Misdemeanors and Felonies
Most DUIs in California are charged as misdemeanors. However, a DUI can become a felony if another person is injured or killed, if the driver has a prior felony DUI, or if there are three or more previous DUI convictions within 10 years.
If you’re charged with driving under the influence in California, it’s important to understand the laws and to reach out for legal help as soon as possible.
What Are the Penalties For DUI in Santa Clara County, California?
In Santa Clara County, the penalties for a DUI vary depending on your criminal history, blood alcohol concentration (BAC), and other factors like whether someone was injured.
Below is an overview of the main penalties you might face:
1st DUI Penalties
A first DUI in California is charged as a misdemeanor. Penalties typically include 3 to 5 years of informal probation, fines ranging from $390 to $1,000, and a DUI education program that lasts anywhere from 3 months to 9 months. Your license will also likely be suspended.
2nd DUI Penalties
A second DUI within 10 years remains a misdemeanor but usually brings heavier consequences. Offenders can get 3 to 5 years of informal probation and potentially face jail time anywhere from 96 hours to 1 year. Fines range from $390 to $1,000, and DUI school can last 18 to 30 months. There is also a 2-year license suspension, though some people can use an ignition interlock device (IID) for 1 year instead.
3rd DUI Penalties
A third DUI within 10 years is also typically a misdemeanor. Punishments can include 3 to 5 years of informal probation, 120 days to 1 year in jail, and fines from $390 to $1,000. Offenders must also complete a 30-month DUI education program. The license suspension typically lasts 3 years, but a 2-year IID may be an option. Additionally, the individual is labeled a habitual traffic offender for 3 years.
Repeat offenses beyond a third DUI can lead to even harsher consequences. DUIs that involve aggravating factors (such as injuring someone, having a child in the car, or driving with a very high BAC) can result in increased fines, longer license suspensions, more jail time, and felony charges.
What Defenses Can Be Raised If I’m Arrested For DUI?
Being charged with a DUI can be overwhelming, but there are multiple defense strategies that your criminal defense lawyer can raise on your behalf. Below are some common legal approaches:
- Plea Deal to Wet Reckless: In some cases, your attorney can negotiate with prosecutors to substitute a DUI charge with a “wet reckless.” This holds fewer penalties and doesn’t look as serious on your criminal record.
- Motion to Suppress Evidence Based on Unlawful Stop: If law enforcement did not have legally valid grounds to pull you over or search your vehicle, any evidence collected may be thrown out. This could weaken the prosecution’s case or lead to a complete dismissal.
- Not Under the Influence: Sometimes chemical testing or field sobriety tests can be inaccurate or improperly conducted. Your lawyer can look for errors that misrepresent your actual level of impairment.
- Not Driving or in Control of the Vehicle: For a DUI conviction, the prosecution must prove you actually drove (or had control over) the car. If you were simply sleeping in a parked vehicle, for instance, that might not count as being in control.
If you need help with a DUI charge, reach out to our Santa Clara County criminal defense lawyers as soon as possible.
As you can see, DUI changes carry significant penalties in some cases. Not only could you end up with a criminal record, but having your license suspended can lead to serious problems with your day-to-day life – like getting to work and taking care of your family. In these cases, it’s critical to work with legal representation to give yourself the best chance of walking away without a record.
If you need help with a DUI charge, contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a Santa Clara County DUI lawyer.