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Helpful Tips:

Fact #8:
The next thing that will probably happen in your DUI or DWI investigation is that the Officer will want you to take some Field Sobriety Tests (FSTs). If you have not been drinking, and are not under the influence of drugs, do them. On the other hand, if you have had anything to drink, simply say, again Officer, may attorney has advised me never to take any 'SUBJECTIVE TESTS' including Field Sobriety Tests, and I am going to follow that advice. This is to include the Preliminary Alcohol Screening Device (PAS) machine in the field or street; that is no breath testing in the small hand held device in the street unless the Officer tells you this is the chemical test and no other tests will be required of you...click below to read the rest.

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San Jose DUI Lawyer

Driving Under the Influence (DUI) in San Jose, California is vigorously prosecuted. In fact, the District Attorney’s Office at San Jose, California will prosecute people for DUI with Blood Alcohol Concentrations (BAC) of .06%. I know, you thought you had to be a .08% or greater to be prosecuted for a DUI; well, it can be lower than .08%. The California Vehicle Code Section for this crime is both 23152(a) and 23152(b). The 23152(a) charge only requires that you be under the influence of alcohol with driving a vehicle, and you can be under the influence for the purposes of a DUI conviction at levels below .08%. The 23152(b) charge says that if you are a .08% or greater at the time of driving, you are illegal for purposes of driving by statute. That is the law, but that is not always what happened in your case despite a chemical test and that is why you need a DUI lawyer to help you in this criminal matter.

A common mistake for most people is to think of a DUI charge as a traffic ticket; it is not. A DUI is a criminal charge with major penalties, including but not limited to, court probation to formal probation, DUI school at your expense, a fine of at least $1600 in most jurisdictions, and jail time; yes, jail time. While jail time can usually be converted to Sheriff’s Work Alternative Program (SWAP) for a 1st time DUI, this depends on the circumstances of your case, and for a 2nd time DUI or more the San Jose Court and District Attorney insist on strong penalties including the loss of your driving privilege for at least one (1) year and then a restricted license; that is not full driving privileges. Then there are the insurance consequences of a conviction for DUI; some carriers drop you.

At court, the District Attorney in San Jose is not there for your benefit either, so you need an experienced DUI lawyer on your side to have a chance in the criminal legal system. Call me for a FREE consultation Toll Free at: (800) 690-4DUI (690-4384)

Santa Clara County Court, Police Agencies and DMV Resources
Superior Courthouse - San Jose San Jose Police Department
San Jose CHP - DUI Enforcement Programs and Info Santa Clara County Sheriff
San Jose CHP - Sobriety Checkpoints and DUI Penalty Info San Jose DMV/Driver Safety - DUI Arrest and DMV Hearing Information