San Jose police can stop you if they have reason to believe that you are driving under the influence of alcohol or drugs. However, police must have probable cause, and there are certain things they can and cannot do. You have rights as well. Knowing your rights can have a serious impact on the outcome of your DUI arrest. If nothing else, remember these two rights: the right to remain silent and the right to an attorney.
DUI Defense Lawyers in San Jose
By choosing the Law Offices of Valencia, Ippolito & Bowman, you are not only taking advantage of your right to an attorney, you are choosing to be represented by an experienced DUI attorney with a proven record of success. You will benefit from the more than 65 years of combined experience we offer. Our team includes former criminal prosecutors who know firsthand how police and district attorneys handle DUI arrests. We know how to defend you.
Our law firm has won numerous awards, including being named Criminal Defense Firm of the Year by San Jose Magazine.
DUI Stops and Your Rights
The police have the right to stop you if you display common drunk driving behaviors that they are trained to look for, such as driving erratically, crossing lanes of traffic, running a red light, damaging another vehicle or creating a dangerous pedestrian situation. Police are allowed to set up sobriety checkpoints in San Jose. During the DUI traffic stop:
- The police can ask you for your name and address, driver's license, vehicle registration and insurance information. You should provide this basic information.
- The police can also ask you a wide range of other questions, from "Do you know how fast you were driving?" to "How much did you have to drink tonight?" You do not have to answer these questions. You have the right to remain silent.
- The police will ask you to take a variety of field sobriety tests, such as standing on one leg or saying the alphabet. You can respectfully decline to take these tests.
- The police may ask you to do a breath test or a chemical test to show your blood alcohol level (BAC). You should take this test.
- The police can confiscate your driver's license and file a Notice of Suspension with the Department of Motor Vehicles. That suspension can be appealed within 10 days.
- You should contact an attorney as soon as possible.
Free Consultation With a San Jose DUI Defense Lawyer
When you need the help of a San Jose DUI defense attorney, call our law firm at 877-7NO-JAIL or send us an e-mail. We offer payment plans, credit card payments and evening or weekend consultations. Se habla español.
