San Jose DUI Lawyer

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.

San Jose 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.

Receive your free consultation with Steven H. Nakano, a leading DUI lawyer in San Jose & surrounding areas by calling (844) 983-3011 or contacting us online today!

What Happens at an Administrative Hearing?

If you already have at least one DUI on your record, a subsequent DUI charge in San Jose 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.

Can you Receive Additional Penalties for DUI in CA?

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.