San Jose DUI Lawyer
If you or a loved one has been charged with a DUI or drunk driving in San Jose, you should immediately contact a San Jose DUI Lawyer at The H Law Group. Our DUI attorneys are experienced and have the knowledge that’s necessary to fight for you in court. Our law firm handles simple DUI cases, as well as more complicated cases, including marijuana DUI cases. At The H Law Group, we’ve established an excellent track record of achieving great results for clients that have been charged with a DUI in San Jose, California. Schedule your free consultation today at 1 (213) 370-0404.
California Vehicle Code (CVC) Section 23152 makes it a crime for an individual to operate a motor vehicle while he or she is under the influence of alcohol and/or drugs. If you’re operating a vehicle while drunk or under the influence of marijuana or drugs, a police officer may arrest you, and the prosecution will charge you with a DUI. The consequences of a DUI are farreaching and will affect your future. As such, it’s of the utmost importance to promptly hire an experienced San Jose DUI lawyer to defend you in court and to achieve the best possible outcome for you. The consequences of being convicted for a DUI include being sent to jail, paying hefty fines and court fees, as well as being placed on probation for 3 to 5 years.
Additionally, you will have two (2) points added to your DMV record, which will cause your insurance premium costs to skyrocket. Some jobs require individuals to have a clean record, so if you’re convicted of a DUI in San Jose, you might even lose your job. So, if you’ve been arrested for a DUI in San Jose, you should immediately contact an experienced San Jose DUI attorney to represent you and safeguard your legal rights.
Many of our clients don’t realize that as soon as they’re arrested for a DUI, the ten (10) days clock starts ticking for an individual to request a DMV hearing to stop the suspension of their driver’s license. If an individual does not contact the DMV within the ten days, an individual loses his license with 30 days from the day of the arrest. If you’ve been arrested for drunk driving, the chances are that the police officer took away your driver’s license and issued you a temporary pink license. This license expires within 30 days, and if you do not schedule your DMV hearing, you forfeit your right to challenge the suspension of your license.
California Vehicle Code (CVC) Section 23152(b) makes it a crime to drive with a blood-alcohol level of 0.08% or more. If the prosecution convicts you of driving with a BAC of 0.08% or more, the same consequences that apply to drunk driving will apply to you. Being convicted of drunk driving is a difficult thing to deal with when you think about the possible jail time, fines, and alcohol/drug education that you’ll have to complete. As such, for the best possible outcome, please contact one of our experienced San Jose DUI attorney to represent you and fight for your rights.
How Does a DUI Arrest Start in San Jose, CA?
In San Jose, California, a DUI typically starts with a police officer pulling over an individual for making a small traffic violation, such as running a red light, speeding, or driving with a broken tail light. Police officers then use the stop to investigate whether the driver is under the influence of alcohol and/or drugs. If the officer finds signs of intoxication, such as alcohol odor, bloodshot eyes, or slurred speech, he may ask the driver to exit the vehicle and conduct a variety of field sobriety tests. If the driver performs poorly on the tests, he may then proceed to ask the individual to complete a breathalyzer test. At this point, if the officer has enough suspicion to believe that the driver is operating the vehicle while under the influence of alcohol, marijuana, or any other drugs, he will proceed to arrest you and take you down to the local police station where you must complete a chemical test if you’re ordered to do so.
If you’ve been charged with or arrested for a DUI, please contact one of the best San Jose DUI attorney at The H Law Group. Our DUI lawyers are here to help you overcome this tough situation.
Understanding Your DUI Situation
California is one of the strictest states when it comes to enforcing its DUI Laws. Being charged with a DUI is a significant event in an individual’s life. Law enforcement officers will use every shred of available evidence against you. They will use their observations, field sobriety tests, and breathalyzer test results to strengthen the prosecution’s case against you. Also, any statements that you make, even seemingly minor ones, will be used by the prosecution against you. As such, if you’re ever pulled over for a DUI, do not make any statements to the police officer. All you are required to do when you’re pulled over is to provide the police officer with your identification card, vehicle registration, and automobile registration. You are not obligated to partake in any field sobriety tests, so don’t take them. However, if you’re arrested and taken to the police station, and you’re asked to perform a chemical test at the station, make sure that you comply with the officer’s request because refusing to take a chemical test at the station will be used against you by the court, as well as the DMV. So, if you’re arrested for a DUI in San Jose or anywhere else in the State of California, please call the San Jose DUI lawyers at The H Law Group. We have a team of attorneys who exclusively handle DUI cases, so they have the experience and knowledge to achieve the best possible outcome for you. Upon hiring us, we will review all of the information provided by you and the prosecutor to see if there any discrepancies between what law enforcement is reporting occurred and what you say happened. We will then determine what arguments the prosecution is likely to make and how we can counter their arguments with the evidence that we have. If there are witnesses, we will ask the witnesses to give us their accounts of what happened.
Automatic Suspension of Your Drivers License
If you’ve been arrested for a DUI in San Jose, then you already know that the DMV will suspend your driver’s license unless you schedule a DMV hearing within ten days of being arrested for drunk driving or driving under the influence of marijuana or drugs. The automatic license suspension occurs automatically regardless of the outcome of your case. If you are a first time DUI offender, you can expect the DMV to suspend your driver’s license for four (4) months if you fail to schedule your DMV hearing. Also, for individuals who have a refusal, meaning they refused to take the station chemical test, your drivers license will be suspended for twelve (12) months from the date of your arrest.
So, if you’ve been arrested for a DUI in San Jose, you should immediately contact a San Jose DUI Lawyer to schedule and win your DMV hearing. Winning at the DMV hearing will allow you to stop the suspension of your drivers license. Having an attorney considerably increases the likelihood that you will prevail at the DMV hearing because our DUI attorneys know the arguments that work. They will make them for you if the facts of your case support making them.
Our DUI lawyers can make any of the following arguments:
- The police officer did not have probable cause (PC) to stop you
- The chemical tests were improperly administered
- You did not fail the field sobriety tests
- The arresting officer illegally arrested you
These are just a few of the arguments that your DUI attorney can make. After consulting with your attorney, you and your attorney will have a better understanding of the defenses your attorney can use for your specific case.
San Jose DUI Attorney
Again, if you or a loved one has been charged with a DUI, you should immediately contact a San Jose DUI attorney or lawyer at The H Law Group. Our attorneys will do their best to achieve the best results for you. They have the experience and knowledge to best defend you against overzealous prosecutors. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.