The Law Offices of Valencia, Ippolito & Bowman

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991 W. Hedding, Suite 202
San Jose, CA 95126

Phone: (408) 920-9720
Toll Free: 877-766-5245 (NO JAIL)

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Drunk Driving Accident in San Jose

Are penalties different if an accident is involved?

If you are involved in a drunk driving accident and arrest which caused injuries to others - yes, penalties can potentially bring stiffer or more serious consequences.  A San Jose drunk driving arrest which caused an accident could be considered a felony.  This may be very serious, and require experienced lawyers. 

The San Jose drunk driving defense law firm of Valencia, Ippolito & Bowman can help with your case.  Our investigative techniques and negotiating skills may get your drunk driving arrest dismissed, or result in reduced penalties.

San Jose Drunk Driving Arrest

Here are some staggering statistics according to the Mothers against Drunk Driving organization:

   •  Someone is killed by a drunk driver every 40 minutes.
   •  Approximately 13,000 people died in DUI crashes in 2007.
   •  Three out of ten Americans will be involved in an alcohol-related crash in their lifetime.
   •  Over 1.46 million drivers in the United States were arrested for DUI in 2006.

San Jose Drunk Driving Accident Penalties

According to California Vehicle Code 23153, DUI is considered a felony when a party is injured.  Three factors have been added to this code:  (1) violation of statute, (2) bodily injury, and (3) proximate causation (the injury was caused by drunk driving).

In addition to increased penalties and consequences for drunk driving related car crashes, California has a strict approach with ‘sentence enhancements.’  One such enhancement is for speeding and reckless driving in excess of 20 mph on streets and 30 mph on highways, either with a blood alcohol level of .08 or higher.  The penalty for this enhancement is an additional 60 day jail term.  Sometimes defendants may plead guilty, but not the enhancement. 

Valencia, Ippolito & Bowman can negotiate a plea for a drunk driving arrest, charges and enhancements, citing San Jose DUI accident laws.  If the drunk driving accident caused vehicular assault or homicide, you will be charged with those crimes along with a DUI.  If you have been involved in an drunk driving accident, contact an accident defense attorney to represent your case immediately. 

Drunk Driving Defense in San Jose

 

Call for a Free Consultation

Valencia, Ippolito & Bowman should be your first line of defense. For an experienced San Jose drunk driving defense firm, 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 and San Jose DUI page.


Drunking Driving / DUI  F.A.Q.:


San Jose DUI Defense - How to build an effective defense?
San Jose DUI Charges - What are the punishments & penalties?
San Jose DUI Arrest - What are police allowed to do on a stop?
San Jose Drunk Driving Accident - Penalties

 

 

 

 

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