San Jose DUI Attorney Law Firm

Driving under the influence of any drug is a criminal offense as stipulated under Section 23152(f) of the California Vehicle Code. This crime carries the same legal effects as driving under the influence of alcohol. Whether it’s marijuana, a prescription medication, or a controlled substance, the law does not prohibit a certain amount of a drug in an individual’s system. This means that the drug must affect a driver to the extent that their physical or mental capabilities are impaired that they cannot be able to exercise the ordinary care that a sober driver would under similar circumstances. In a DUI of drug case, there’s no breath test. Therefore, the arresting officer may administer a urine or blood test.

It’s more challenging for the prosecuting side to prove charges of this nature because they have to depend on the officer’s testimony of the driver’s erratic behavior, physical appearance as well the chemical analysis. Many officers have not received proper training on the signs of an individual under the influence of different drugs. In this regard, we can successfully attack the “science” behind your DUI case.

A driver may be charged with DUI causing injury if he/she causes injury to another person because he/she was driving under the influence. A DUI causing injury is a wobbler, although in most cases, it will be charged as a felony. Regardless of whether a driver has been convicted of a misdemeanor or felony, he/she will face more severe penalties than a simple DUI. To be convicted of this offense, the prosecutor must prove that you were under the influence, and while doing so, you acted in an otherwise negligent manner that resulted in the bodily injury of another person. 

The penalties for misdemeanor DUI causing injury include 5 days to 1 year in county jail and/or a fine of between $390 up to $5,000. If convicted of a felony, you may face 2, 3, or 4 years in prison and/or a fine of between $1,015 up to $5,000. In addition, your sentence may be increased to 3 to 6 years if you’ve caused great bodily injury or substantial physical harm.

We will assess whether all arrest, investigation, and chemical testing procedures were properly adhered to and use these issues if there was any failure by the arresting officers. We’ll also work with an accident reconstruction expert to evaluate whether you were truly at fault.

Following a California DUI arrest, California residents will typically have their driver’s license taken by arresting officer and will be given 10 days to schedule a DMV hearing to re-obtain the license. However, if you’re not a resident of California, you won’t lose your license but instead, you’ll lose driving privileges in the state of California. After a DUI arrest, you have 10 days to file for a DMV hearing to stop the suspension of your driver’s license.  If the request is granted, the suspension is delayed until your hearing.

California is one of the states in the Interstate Driver License Compact, which enables states to share records and hold citizens accountable for traffic violations that happen out of state. The consequences of a DUI conviction vary from state to state, but if your charges and/or conviction are reported to the IDLC, you may suffer the same consequences back home. Even if you’re from another state, if convicted for DUI in California, you’ll face the same criminal penalties as a California driver. The best way to avoid penalties is to avoid a DUI conviction. We can help you mount a strong defense to ensure you get the best possible results.

When a driver causes the death of another person due to intoxication, the offense crosses a threshold from manslaughter to second-degree murder. This means that the conduct is no longer considered manslaughters but awareness of risks. The Watson Murder rule allows a driver to be charged with second-degree murder under Penal Code 187. The difference between murder and manslaughter in California is that murder is a death due to reckless regard for human life or malicious behavior. Conversely, manslaughter is a death due to carelessness or negligence when it comes to the safety of others.

To be convicted of Watson murder, the prosecutor must show that you acted with malice aforethought and killed with lawful justification. Watson murder is punishable by a fine of up to $10,000 and 15 years to life in state prison. Also, you’re subjected to an additional sentence of 3 to 6 years in state prison if any of the surviving victim(s) has suffered serious bodily injury. Second degree Watson Murder is a felony, which acts as a strike on your criminal record.

There are several defenses that an experienced attorney at San Jose DUI Attorney Law Firm can raise on your behalf. Depending on the facts of your case, we can argue that you were not under the influence, your conduct was not the cause of the fatality, or you lacked implied malice.

A person is guilty of committing vehicle manslaughter if he/she drives under the influence and causes the death of another person. A driver convicted of this offense will face far more severe penalties as stipulated Penal Code 191.5. In California, a person is considered to have acted with negligence when they breach the duty of care owed to another person. An individual who gets behind the wheel assumes certain duties of care. Many cases of vehicular manslaughter involve vehicular collisions in which the driver or a passenger of the vehicle that a person crashed with dies from injuries related to the accident. You can also be convicted if the negligent conduct results in the death of a pedestrian or a passenger in your own vehicle.

Vehicular Manslaughter while intoxicated can be charged as a misdemeanor or felony. The sentencing and punishment are based on whether the negligence was ordinary or gross. A felony vehicular manslaughter conviction is punishable by 16 months, 2 years or 4 years in state prison, a fine of up to $10,000, and formal probation. Penalty for a misdemeanor conviction is a maximum of 1 year in county jail, a fine of up to $1,000, and summary probation. The DMV will revoke your driver’s license for 3 years. Also, if you have a prior DUI conviction on your record, you will face up to 15 years in state prison.

If an underage driver is arrested in for driving with any measurable alcohol in their system, they’re in violation of DUI laws as well as state laws that prohibit alcohol consumption by a person under the age of 21. While 20-year-old drivers are considered adults, they have until 21 to lawfully consume alcohol.

For a majority of drivers, a BAC higher than .08% is deemed a DUI violation. This isn’t the case for young drivers since a blood alcohol content of only .01% or higher, can lead to a DUI. Underage driving under influence penalties is determined by several factors including age, driver’s blood alcohol level, drunk driving history, and whether drugs were involved. If a minor is convicted of DUI, they risk losing their driver’s license for 1 year or until they reach the age of 18, whichever is longer. Ford rivers older than 18 but under 21, a DUI conviction will result in the suspension of their driver’s license for 1 year. If the BAC is higher than .05%, they may also have to pay fines and attend mandatory DUI School. Conversely, an underage DUI with a BAC greater than .08% will be treated the same as any other “standard” DUI.

A simple DUI traffic stop in California can quickly escalate to a more serious offense if there’s a child in the car with you. Driving under the influence with a minor in the car may be considered child endangerment and can lead to an enhanced sentence if you’re convicted. A DUI conviction with a child passenger subjects a person to the sentence enhancement provisions of CVC section 23572, which are typically served in addition to any other for a simple DUI conviction. Sentence enhancements for DUI with a child passenger include:

• 48 hours in jail for first DUI
• 10 days in jail for second DUI
• 30 days in jail for third DUI
• 90 days in jail for fourth DUI

This means that you must serve jail if convicted of this offense. What’s more, the offender could be charged disjointedly with the crime of child endangerment as a violation of Penal Code 273(a). While the DUI sentence enhancement only applies when the child is under 14, criminal charges of child endangerment could apply as long as the minor is under 18. The key to avoiding a DUI sentence enhancement is to beat the DUI charge, and we can help you with that.