DUI Serving Santa Clara County & Beyond Since 1985

DUI Defense Attorney in San Jose

California DUI Penalties & Sentencing

In California, the consequences for drinking and driving are very serious. Even a first-time DUI conviction can cost you your job, your independence, your reputation, and more.

However, the exact penalties vary depending on the nature of the offense:

  • First-time DUI - Up to 6 months in jail, a $1,000 maximum fine, and 6-month license suspension

  • Second-time DUI - Up to 1 year in jail, a $1,000 maximum fine, and 2-year license suspension

  • Third-time (and subsequent) DUI - Up to 1 year in jail, a $1,800 maximum fine, and 3-year license suspension

  • Underage DUI - California’s no-tolerance policy for underage drinking and driving, and penalties vary by circumstance – but they are always severe.

  • Driving While Impaired (DWI) by Drugs - If you are charged with driving while impaired by drugs, you will be subject to the same or similar penalties as DUI. A DWI conviction also counts as a prior offense when the court is calculating the appropriate sentence.

DUI offenders may be able to obtain a restricted license, which permits travel to and from work, school, child care, etc. for a period of time. A restricted license requires the driver to use an ignition interlock device (IID), which is a breathalyzer that attaches to the ignition system and prevents a driver from starting the car while he has alcohol in his system.

Regardless of your age, level of intoxication, or the substance by which you became intoxicated, you could be on the hook for additional penalties if:

  • You had a child in the vehicle at the time of your DUI arrest.

  • You caused or were involved in an accident.

  • You were travelling at a high rate of speed.

  • You refused to undergo chemical testing when confronted and/or arrested by law enforcement.

Call (844) 983-3011 today to schedule a free consultation and get the strategic assistance you need from a San Jose DUI defense lawyer.

What Happens at an Administrative Hearing?

If you already have at least one DUI on your record, a subsequent DUI charge will result in a temporary, 10-day right to drive, after which point your license will be suspended and you will no longer be allowed to operate a motor vehicle. You may be able to have your driving rights restored by an administrative hearing with the California Department of Motor Vehicles. During this hearing, you have a right to be represented by an attorney, and the officer(s) involved in your arrest will provide testimony.

In short, a successful administrative hearing can soften the blow of your pending DUI charge by restoring your right to drive.

Let Steven H. Nakano Protect Your Rights, Freedom, & Future After a DUI

If you have been charged with driving under the influence of drugs or alcohol, you need a representative who can help you tackle all the challenges you are facing, legal and otherwise. A conviction can lead to fines, driver’s license suspension, and even jail time, which why having a criminal defense lawyer on your side can help you avoid these serious penalties.

When you call Steven H. Nakano, Attorney at Law, you won’t just receive strategic legal representation. Mr. Nakano works alongside a counselor to help improve each client’s life and provide connections to restorative services such as rehabilitation, substance abuse counseling, and more. He aggressively defends every client and is willing and able to go to trial when necessary, but his primary objective is to do what is in your best interest.

Call (844) 983-3011 today to speak with a DUI defense attorney in Santa Clara County.

  • Gross Vehicular Manslaughter Not Guilty
  • 22 Felony Fraud Counts Dismissed at Preliminary Examination
  • Armed Robbery Life Sentence Overturned
  • Drug Crime Dismissed
  • Burglary/Theft Dismissed
  • Stabbing Not Guilty
  • Child Molestation Dismissal
  • Burglary Dismissed
  • Gang-Related Assault Dismissal
  • Misdemeanor Stalking Short Jury Trial to Not Guilty Verdict

Why Choose Us?

See What Sets Us Apart
  • Direct Access to Attorney
  • Client-Centered Approach
  • Spanish Speaking Services Available
  • Specialized in Criminal Defense
  • Practicing Since 1985

We Spend Time Getting to Know You

We Care about Our Clients. See What They Are Saying about Us.
  • “Steven Nakano saved my life! He is the kindest, most honest attorney I've ever met in my entire life. He relentlessly fought for me and his level of professionalism was impeccable.”

    - Dan B.
  • “Steve is an excellent attorney and an amazing person. He has a solid tool chest of life experiences and was able to connect with my son, provide guidance where I couldn't, and as a result became somewhat of a mentor.”

    - Tim O.
  • “He has always seen me as a person, not just a case.┬áThis type of respect has made an impact on my life that will last far beyond the legal case.”

    - Sean M.

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