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DUI Lawyer San Jose

In California, DUI (Driving Under the Influence) is a criminal offense involving operating a vehicle while under the influence of alcohol and/or drugs or with a blood alcohol concentration (BAC) of 0.08 percent or higher. Common misdemeanor DUI offenses fall under California Vehicle Code sections 23152(a) and 23152(b).

Vehicle Code section 23152(a) makes it unlawful to drive while under the influence of alcohol, drugs, or a combination of both. In contrast, Vehicle Code section 23152(b) specifically addresses driving with a BAC of 0.08 percent or higher. Both charges are frequently filed together to increase the prosecution’s chances of securing a conviction.

Understanding DUI Charges in San Jose

For professionals in San Jose, a DUI charge under Vehicle Code section 23152(a) focuses on the driver’s state at the time of driving. You can be charged based on observed behavior like erratic driving, bloodshot eyes, or failing field sobriety tests, even if your BAC is below 0.08 percent. Vehicle Code section 23152(b), however, is a “bright-line” rule, targeting drivers with a BAC of 0.08 percent or higher.

DUI Penalties

Misdemeanor DUIs can result in up to 1 year in county jail, with first-time offenses often carrying up to 6 months. Felony DUIs, such as those causing injury or involving a prior felony DUI conviction, are more serious, with penalties ranging from 1 year to life imprisonment. In San Jose, a felony DUI with injury under Vehicle Code section 23153 can result in up to 4 years in prison and fines of up to $5,000. These consequences can be particularly severe for professionals in Silicon Valley, including IT specialists, engineers, doctors, and others, who may also face professional license suspensions and job loss.

Consequences of a DUI for San Jose Professionals

A DUI conviction can have a ripple effect on your personal and professional life, especially for those in Silicon Valley’s IT sector and other professions. Consequences include:

  • Arrest: Immediate arrest and booking for DUI.
  • Court Appearance: Mandatory court appearances where you must face the charges. For felony DUIs, you are entitled to a preliminary hearing before the trial.
  • License Suspension: Potential suspension of your driver’s license by the DMV, impacting your ability to commute to work.
  • Fines and Penalties: Conviction can lead to hefty fines, probation, and possible jail time.
  • Ignition Interlock Device: Installation of a device requiring you to pass a breath test before starting your vehicle.
  • DUI Education Program: Mandatory attendance in a DUI education program.
    Increased Insurance Premiums: A DUI conviction may significantly raise your car insurance premiums or lead to loss of coverage.
  • Professional Consequences: For police officers, doctors, engineers, and IT professionals, a DUI can result in the loss of professional licenses or employment.

Defenses to DUI in San Jose, CA

A DUI charge does not guarantee a conviction. An experienced DUI attorney can challenge various aspects of your case:

  • Probable Cause: Did the police have valid reasons to stop your vehicle?
  • Field Sobriety Test: Were these tests administered correctly?
  • BAC Testing: Was the breathalyzer calibrated and used properly?

In some cases, your BAC may continue to rise after driving, opening the door to a “rising defense.” An attorney can also review other factors, such as improper arrest procedures, that may help reduce or dismiss the charges.

Hiring the Right DUI Attorney in San Jose

Many professionals facing a DUI charge have no prior criminal history. The complex criminal justice system can be intimidating. If you are a professional in San Jose—whether in IT, healthcare, education, law enforcement, or finance—you need to act swiftly.

  1. Request a DMV Hearing: Protect your driving privileges.
  2. Hire an Experienced DUI Attorney: Early intervention is key. Nana Knight is a former prosecutor who has handled hundreds of DUI cases in San Jose. She offers the strategic defense you need to achieve the best possible outcome.

Contact Nana Knight for a Free Case Evaluation

A DUI conviction can have severe consequences for professionals in Silicon Valley. If you are facing a DUI charge in San Jose, act quickly to safeguard your future. Call Nana Knight at (408) 877-6177 now for a free case evaluation and take the first step toward protecting your career and reputation.

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