DUI LAWYER IN SAN jose

• The penalties you could avoid by hiring a DUI defense lawyer at the Law Offices of Hart J. Levin include the following possible sentences:

DUI 1st Offense

• Potential jail time of 4 to 6 months
• Fines of $390 – $1000
• Possible probation time of 3 to 5 years 
• 3 or 9 month DUI program
• Loss of license for 4 months or more 
• Potential Ignition Interlock Device (IID)

DUI 2nd Offense 

• Up to 1 year of jail time
• Fines of $390 – $1000
• Probation time of 3 to 5 years 
• 3, 18 months or more DUI program 
• Loss of license for up to 2 years
• Mandatory Ignition Interlock Device (IID) in all vehicles 

DUI 3rd Offense 

• 4 months to 1 year of jail time 
• Fines of $390 – $1000
• 5 years probation
• Up to 30 months DUI program 
• Loss of license for up to 3 years
• Mandatory Ignition Interlock Device (IID)

Aggravating Factors 

While the penalties outlined above apply to what we might refer to as “standard” DUI charges,  the law imposes higher penalties on people convicted in DUI cases involving aggravating circumstances.

With the right legal representation, even aggravated DUI charges can be fought to minimize the impact on a defendant’s life. While a longer DUI education program may be required, an exceptional DUI defense lawyer can persuade the prosecutor to amend the charge to reckless driving involving alcohol, known as a “wet reckless.” The primary goal at the Law Offices of Hart J. Levin is to beat the DUI charge entirely, or when necessary, to minimize any negative consequences for our client.

Many DUI arrests are made after simple, uneventful traffic stops. But cases involving accidents, high breathalyzer readings, a refusal, or the risk of injury to children are punishable by enhanced penalties. Here is how aggravating circumstances can increase the severity of your charges and the sentence you can face if convicted:

DUI Accident Causing Bodily Injury

If a driver’s DUI case involves an accident in which someone other than the driver was injured, the prosecutor can file either a misdemeanor or felony DUI charge. The prosecutor will base their decision on the defendant’s previous criminal record, the seriousness of the injuries, and the defendant’s associated conduct during the DUI. 

For example, did the DUI defendant drive at a high rate of speed prior to the accident? Did the defendant pass through traffic controls, red lights, or stop signs? 

Penalty for 1st Offense DUI With Injury (Misdemeanor)

• Up to one year in jail
• Fines and fees totaling up to twenty thousand dollars
• Alcohol and drug education classes
• Installation of an interlock ignition device
• 6 months driver’s license suspension or restrictions
• Probation for three to five years.

Penalty for 1st Offense DUI With Injury (Felony)

• Up to three years state prison
• Fines up to $20,000
• Court assessment fees and other costs that can exceed $10,000
• Alcohol and drug education classes
• Revocation of your driver’s license (for up to 10 years)
• Five Years of Formal Probation

BAC 0.15% or Higher

• The legal limit of blood alcohol content (BAC) in California is 0.08.
• The limit is set at that level because it is at or near that point at which a driver’s normal faculties are so impaired that they cannot drive a vehicle safely.
• Any alcohol result of .15%+ or even worse, .20%+, will be considered an aggravating factor that calls for increased punishment.

Children in Vehicle During DUI

Another aggravating circumstance involves a defendant who is charged with DUI while a child under 14 years of age is in the vehicle. The risk of injury or death to a child is why this charge carries a mandatory 48 hours in jail for a first offense and even longer jail for repeat DUI offenders.

Special Circumstances DUI Cases 

Military

Members of the armed services who get convicted of DUI suffer additional sanctions by military authorities. Depending on the circumstances, additional sanctions could include added duties, base restrictions, or court martial when serious injuries or death are involved.

Health Professionals 

Professionals who hold licenses to practice medicine, nursing, or other healthcare services face suspension or revocation of state licenses if the licensing board believes the DUI demonstrates the person poses a danger to patients.

Immigrants 

Although a “standard” DUI does not usually result in deportation, any aggravated DUI involving an injury to another person could be considered a “crime of moral turpitude” and trigger removal proceedings or a denial of pending visa extensions.

Law Professionals

Just as medical professionals face licensing sanctions, the California Bar is responsible for safeguarding the public from incompetent legal practitioners. An alcohol or chemical dependency that comes to light through a DUI conviction can result in lengthy suspensions of an attorney’s ability to practice law.

High-Security Clearance 

Only people trusted to keep and protect the confidentiality of information get Government security clearances. DUI convictions are inconsistent with the degree of personal responsibility needed to maintain security clearance. We represent many experts in the defense industry who maintain Secret or Top Secret security clearance.  Preserving your security clearance so that you can continue working on classified projects is one of our top priorities.