Having some knowledge of what your rights are in the arrest and booking
process in advance can be your first step in preparing a good defense
of your charges. We understand that no one really plans on being arrested
for driving under the influence, but being prepared for the possibility
can help you to make the right choices if the instance should ever come.
you do not have to submit to a field sobriety test or breath test at the
scene of the arrest, or answer any questions without your attorney present, but you must also not resist arrest or act in a combative manner.
Once you are brought to the station, you must submit to a
breath or blood test or you will be subjected to license suspension for one year.
You are first allowed a 20-30 minute period of time in which to contact
your attorney. When you call The Law Offices of Adam Allen Arant, a San
Jose DUI defense lawyer from the firm can help you make your next steps.
Whether this is your first DUI offense or you have been convicted in the
past, we are here to help you navigate through your case.
We can challenge evidence involving:
We can guide you through the following aspects of your DUI case:
We know that every DUI defense case is different – which is why we
want to hear from you. For that reason, we handle each client's case
in a personalized manner.
There are two primary DUI laws in California. According to vehicle Code
§23152(a), driving under the influence of drugs or alcohol is illegal.
Under vehicle code §23152(b), a driver may be found guilty of a misdemeanor
if he/she operates a vehicle with a blood alcohol concentration (BAC)
of .08% or more. A DUI can become a felony at the discretion of the court,
based on one's prior record, and depending on the circumstances of the DUI.
There are additional state regulations pertaining to DUI cases, including
- It is illegal for drivers under 21 to carry unsealed liquor containers
in their car (there are some work-related exceptions).
- Repeat DUI offenders may not drive with a BAC above .01%.
- Drivers of commercial vehicles may not drive with a BAC of .04% or higher.
- Drivers under 18 may not drive with any level of BAC.
- Drivers under 21 may not drive with a BAC of .01 or higher.
Due to the serious nature of a DUI offense, a conviction will not only
go on your criminal record, but it can also affect many other areas of
your life including your job, your finances, and your family.
How a DUI Can Affect Your Job: Jail time for up to 6 months is a common result for a first DUI offense.
This can leave you jobless and unable to support your family.
How a DUI Can Affect Your Finances: In addition to job loss you can be facing serious financial penalties
of up to $1,650 for first time offenders and loss of driving privileges
for up to 1 year. Costly drinking driver programs can be mandated by the
court for up to 9 months at a cost of approximately $1,500.
How a DUI Can Affect Your Family: You can be placed on probation for 3-5 years. Along with everything else
you are going through, your family may be significantly strained by your
financial situation and by your probation restrictions.
Also, if the district attorney proved that in addition to driving under
the influence, you were also the cause of the accident that resulted in
an injury, the penalties can be enhanced - especially if someone other
than you was seriously injured or if individuals were killed.
It can be confusing and stressful after a DUI arrest and you may feel as
if you do not clearly comprehend the legal process. You may also have
some misconceptions about DUI cases that could make or break your case.
Some pervasive DUI myths include:
DUIs are not a big deal: In fact, a DUI conviction can substantially change your life. Fines,
license suspension, possible imprisonment, DUI classes, and a criminal
record can be the consequences of a conviction. If there were injuries
involved or you have multiple DUI offenses on your record, you are looking
at a possible felony charge and time in a state prison. Additionally,
you may be required to pay restitution for those injured. The right attorney
can be essential in protecting your rights and future when facing these
DUIs are simple cases: DUI cases are in fact some of the most complicated cases in the criminal
justice system. The various tests, procedures and protocols involved must
be correctly investigated for proper DUI defense. An experienced DUI attorney
is a must in these cases.
In order to successfully fight a DUI charge, an accused will have to go to trial: Less than 10% of all DUI cases end up in trial. We are highly experienced
litigators however, in the event your case did need a trial.
The penalties for driving while under the influence of a legal or illegal
drug are less severe than penalties for driving under the influence of
alcohol (with a BAC of .08% or more ): The reality is that, depending on the circumstances, the penalties for
driving under the influence of drugs can be just as severe as those for