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Helpful Tips:

Fact #9:
If you are ill or have been in an accident in your DUI or DWI investigation and are taken to the hospital for treatment, you are required to give blood. But there must be a reason to take you to the hospital, not just because the Officer wants you to take a blood test. In California you have the right to choose between a breath or blood test. Always choose breath at the police station; not the hand held breath test in the street unless the Officer tells you that it is the chemical test and not a preliminary test. Now if the Officer suspects that you are under the influence of drugs, the Officer may also require you to take a urine or blood test in addition to the breath test, but the Officer must tell you so, and if that is the case, take it, but never request another test after you have taken the breath test at the police station even if one is offered.

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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