DUI Lawyer in San Jose
Charged with DUI? Finding the right DUI lawyer can make or break your case. The Law Offices of Adam Allen Arant, Esq. can give you the aggressive and effective legal representation that you need. We are passionate about criminal defense. When you’ve been charged with a drunk driving offense, you want someone with the knowledge and practical experience to help you get a favorable case outcome. Whether you’re been charged with your first DUI or convicted in past, we can help. At the firm, we know that every DUI defense case is different – that’s why we want to hear from you.
To see what a skilled San Jose DUI attorney can do for your case, contact us today or fill out a free online
case evaluation form. The sooner we hear from you, the faster we can create a powerful defense strategy to help you get the case outcome you want. Under the representation of a lawyer at our office, you can get the legal defense. Our skilled team handles cases of every nature, including those involving the following:
Breath & Blood Tests
While scoring a high reading on a breath or blood test may feel like irrefutable evidence against you, there are many ways to fight back against these unreliable tests. Our firm understands the capricious nature of these tests and how to fight to have your results thrown out. If the officer administering your breath or blood test makes one error, you results may be invalid, and inadmissible in court.
California DUI Laws
The DUI laws in California can be confusing, and it is essential that you have an attorney who is familiar with the laws pertaining to your case, who will understand the best method of defending you against your charges, and help you understand the laws that you are facing charges under. The DUI laws in California can affect every aspect of your DUI charge, including your BAC at the time of arrest, as well as your ability to accept a plea bargain.
Operating a commercial vehicle comes with a different set of laws than operating a regular car. In our state, the legal Blood Alcohol Concentration for the driver of a commercial vehicle is 0.04, due to the increased responsibility that comes with driving a commercial vehicle. If you are accused of commercial DUI, you may not only be facing the harsh penalties of a regular DUI, but your career may be at risk as well.
Common DUI Myths
The fact is, there is a huge stigma in our society regarding DUI, due to the danger it poses to individuals on the road. However, a DUI does not have to be the end of your life, and there are many myths concerning DUI that you may be listening to. It is important to understand the truth of a DUI charge and how it will come to bear on your life, and our firm can help you with this understanding.
Under state law, when you are charged with DUI, your driver's license will be confiscated by the arresting officer and, unless your attorney acts on your behalf, it will be automatically suspended, even if you are not convicted. It is essential that your attorney schedules a DMV hearing for you so that you can retain your driving privileges for as long as possible. You only have a limited time to request a hearing, so contact your attorney today.
If you are arrested for DUI at the scene of a car accident, you can be facing enhanced charges and penalties as a result. A DUI accident is a crime that will be relentlessly pursued by prosecutors due to the belief that you acted negligently by allegedly driving under the influence. However, not every accident is the cause of someone being impaired. In fact, even if your blood or breath test came back with a high reading, that does not necessarily mean you were the cause of the accident. In these cases you need an attorney who will make sure these two issues are not conflated in court.
DUI Court Process
The DUI court process may feel confusing to you, especially if you are under the stress and worry of a possible conviction. However, despite the legal jargon that you may be hearing, an attorney can help you understand the process and lead you through your DUI court process with relative ease and understanding. From arraignment, to entering your plea, to your preliminary hearing, and all the way through a possible appeal, our firm will be there with you every step of the way.
DUI of Drugs
Many people do not realize that even if they are using a legal drug that was prescribed by a physician, if it impairs their ability to operate a vehicle in any way, they can be arrested and charged with DUID (driving under the influence of drugs). DUID cases involving both legal and illegal drugs are very common, however, they can be extremely complex, and require the knowledge of a committed DUI attorney.
In our state, you can have your DUI records expunged. Doing so can greatly help your reputation, as well as your ability to find and maintain a good job. Completing the terms of your probation and all penalties will help expedite the process of having your DUI expunged, and our firm can help you fill out all the proper paperwork and ensure that it is done accurately.
DUI with Injury
If you have been involved in a car accident, and subsequently arrested for DUI, you may be facing serious charges, especially if an individual was injured as a result of this accident. DUI charges in association with an accident, injury, or death are enhanced charges that carry with them inflated penalties. You may be facing a long-term imprisonment if you are found guilty of a DUI causing injury.
DUI License Suspensions
If you have been arrested for DUI, it is essential that you take steps to protect your driver's license. Even if you are not ultimately convicted, you can lose your driver's license by refusing to submit to a breath test, unless an attorney intercedes on your behalf. Our firm understands the process of license suspension in our state and can fight for you to retain your driving privileges if you have been arrested for DUI.
The penalties for a DUI conviction in San Jose can vary depending on the particular circumstances of your case. If you are a first time offender, you may only be subjected to minimal penalties, such as probation and a fine. However, a repeat offender will be facing much worse penalties if convicted, including state prison, mandatory alcohol rehab, and a long term driver's license suspension.
While no one is anticipating being pulled over or charged for DUI, our firm has basic recommendations for how to handle the DUI arrest process in a way that will be advantageous to your case. Cooperating with the arresting officer and politely declining to answer questions that may incriminate you are basic recommendations that you can keep in mind in case you are ever pulled over for DUI suspension, or even in a routine traffic stop.
DUI Traffic Stops
The majority of DUI arrests are the result of routine traffic stops. As a preemptive measure, keep your vehicle maintained, particularly your headlights and taillights, and make sure you obey all traffic laws. If you are pulled over for a traffic violation, and an officer suspects you have been drinking, you can protect by yourself by politely refusing to answer any questions that may incriminate you. Additionally, a traffic stop may have been unlawful in the first place.
Felony DUI charges are not to be taken lightly. You may find yourself facing enhanced felony charges if an injury or death occurred during your DUI arrest. Felony DUI can result in up to 10 years in prison, if vehicular manslaughter charges are also present. Whenever you are facing felony charges, the stakes are higher and the consequences more severe. If it essential in these cases that you hire an aggressive defense attorney to help you reduce the impact these charges may have on your life.
Field Sobriety Test
Field sobriety tests are the series of physical tests an officer may ask you to submit to in order to prove that you are driving while impaired. However, these tests are incredibly questionable, and designed for you to fail. Many factors can result in an individual failing a field sobriety test, and failure does not necessarily indicate that you were driving while intoxicated.
First DUI Offense
A first time DUI conviction will most likely not result in a sentence involving jail time. However, the penalties that you may be facing can still be severe, and a DUI conviction on your record can sully your reputation, and affect your career and employment opportunities for years to come. It is best to fight your DUI charge from the start, and an attorney from our firm will do everything to help you possibly avoid that first DUI conviction altogether.
Multiple DUI Offenses
If you have been convicted of one or more previous DUI offenses, being arrested for DUI yet again can lead to enhanced and even more serious and life-altering consequences. When you are a multiple DUI offender, judges and prosecutors will look on you with less leeway. It is essential that a passionate and committed attorney fight on your behalf in court. The penalties for a repeat conviction can be severe, including a year or more in prison.
Out of State DUI
If you have been arrested for DUI in California with an out of state driver's license, it is essential that you hire an attorney to help you fight these charges, at the risk of losing your driving privileges in California altogether, as well as the state where you are licensed. DUI laws vary state by state, but if you are arrested in California, and your home state is also a member of the Interstate Driver's License Compact, you can risk losing your license in your home state.
In our state, it is illegal for individuals under the legal drinking age of 21 to operate a vehicle with a BAC level over 0.01. This is incredibly small, and even something as simple as taking cough medicine may result in a DUI charge for an underage driver under our state's zero tolerance policy. An underage DUI may affect your chances of getting into college or finding a job.
DUI with vehicular manslaughter is by far the most serious DUI-related charge an individual can face. Prosecutors and judges do not look kindly on individuals that may have caused loss of life due to their negligence. However, if you have been charged with vehicular manslaughter in association with a DUI, it is important that you do not give up and that you and your attorney fight these charges all the way through to the end.
Obtaining Proper Legal Defense
The Law Offices of Adam Allen Arant, Esq. are dedicated to helping our clients in San Jose and the surrounding areas fight drunk driving charges. In many cases, DUI charges end up dropped or thrown out, but most people do not know that they should fight them. When you have a passionate and committed attorney fighting on your behalf, you will feel secure knowing that every possible avenue of defense is being explored. Please do not hesitate to contact our office today to receive a free case evaluation.
View the firm's profile at FindaDUIAttorney.com.