San Jose DUI Lawyer
DUI is the acronym for operating a vehicle under the influence of alcohol and drugs, which is illegal in California, and most states in the United States. The vehicle can also be a truck, boat, motorcycle, or airplane.
DUI is a serious crime with serious consequences. If you are arrested for a DUI, please call an experienced San Jose DUI attorney, please call Valencia, Ippolito & Bowman at 877-7NO-JAIL.
San Jose DUI Laws
California has two Vehicle Codes specifically addressing DUI.
Section 23152 of the Vehicle Code has two provisions, specifically 23152(a) which deems DUI a misdemeanor if you are caught drinking while under the influence of alcohol or drugs.
Section 23152(b) specifies that driving with more than a .08% blood alcohol level is a misdemeanor.
Both of these misdemeanors can be punishable with up to one year in jail. Although a defendant in San Jose can be convicted of both misdemeanors, you can only be charged with one. A DUI law firm in San Jose should be able to explain these Vehicle Codes in detail.
If the San Jose DUI has serious consequences, such as causing injury or death to someone, extensive property damage, or if you have a number of prior DUI's under your belt, the DUI charge will be elevated to a felony. If you need the advice of a DUI law firm in San Jose, call our office before speaking to the police if at all possible. A defendant has certain rights under San Jose and California DUI laws that you should be aware of.
Experienced San Jose DUI Attorney
If a police officer stops your vehicle and suspects you of DUI in San Jose, he or she may ask you to perform a sobriety test such as a portable breath analyzer test to see if there is probable cause for an arrest. Remember, there has to be a probable cause for law enforcement to stop you or arrest you. If there is none, you can politely refuse the test.
In any event, if you are arrested remember you should be read your rights, and you have the right to remain silent and ask for an attorney. Fines and punishment for DUI are different in San Jose if it's your first offense, or you have multiple offenses. A DUI law firm in San Jose can explain the differences in punishment for the different DUI offenses.
Please call for a free consultation
Valencia, Ippolito & Bowman offers free consultations and welcomes your questions. Call us now at 877-7NO-JAIL, or fill out our online contact form with any questions about your situation.
For more information; please visit our San Jose Drunk Driving Laws page.
Drunking Driving / DUI F.A.Q.:
How to build an effective DUI defense?
What are the punishments & penalties for a DUI charge?
What are police allowed to do on a DUI stop?
San Jose Drunk Driving Accident - Penalties
