1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt
Subscribe to this list via RSS Blog posts tagged in DUI defense attorney

San Jose CA DUI defense attorneyAlcohol has long been used for its intoxicating effects. In ancient times, alcohol was even consumed in religious and spiritual practices. Now, it is used recreationally as a beverage that allows you to relax and have a good time. 

Those of legal drinking age have a responsibility to refrain from driving while inebriated. In California, the legal limit for driving is a BAC of less than .08. Anything more than that and you can face legal consequences in the form of a DUI. However, alcohol often affects one’s body at levels under BAC .08. If you drink alcohol, you should familiarize yourself with these different stages.

Effects of Different BAC Levels

  • .02: At this point, it is not really apparent that you have consumed alcohol. You will have a slight loss of judgment, but for the most part you will just be relaxed and euphoric. You may also feel slightly warm. You will experience a decline in your ability to multi-task and your visual capabilities will be lessened.
  • .05: At this level, you will have similar symptoms as the previous level, but they will be exaggerated and more apparent. You may feel much more relaxed and have impaired judgment and lower alertness. If you are driving with this BAC, you will have less coordination, difficulty steering and reduced response time.
  • .08: This BAC level is over the legal limit for driving a motor vehicle. At this level, your speech may become slurred, your balance, vision and reaction time will be impaired, and it will be harder for you to detect danger. You may also find that your self-control will be impaired, especially when it comes to maintaining your speed, and you will also experience a reduction in information processing.
  • .10: At this point, you are clearly intoxicated. Your reaction time and control are poor, as well as your coordination. Your ability to stay in your lane and brake correctly are impaired. 
  • .15: This level of intoxication begins the messy and unfun stage of being drunk. You will have far less muscle control than normal and you may even throw up. Your ability to drive will be severely impaired and you will experience a significant difficulty in paying attention to the road.

Are You Facing California DUI Charges?

If you have been charged with a DUI, you need the immediate help of a skilled San Jose, CA DUI defense attorney. At the Jachimowicz Law Group, we can provide you with aggressive representation and fight to get you the best outcome possible. Contact our office at 408-246-5500 to set up a free consultation.

...

San Jose CA felony DUI defense attorneyTypically, a DUI will be classified as a misdemeanor offense when you are charged for your first, second or third DUI. However, there are circumstances that will lead to felony DUI charges usually if there is an “aggravating factor” present. It is important to understand how the specific circumstances alleged by police and prosecutors will affect your legal situation and the kind of penalties you might be facing.

DUI Causing Great Bodily Injury or Death to Another

One of the more common ways that a DUI will be classified as felony charge is by causing bodily injury or death to another person while you are driving. California Vehicle Code Section 23153 states that you do not have to have a certain BAC to be convicted of this felony charge. In order to be charged with this felony, you must have a measurable amount of alcohol in your system while driving and have committed a crime or an act of negligence that caused great bodily injury or death to another person.

Three or More DUI Convictions Within the Past 10 Years

The first three times you are charged with a DUI will more than likely be charged as misdemeanors. In California, there are what are known as “priorable offenses” a priorable offense is one that gets gradually more strict with each conviction. DUI is a priorable offense, so if you get more than three offenses within 10 years, your fourth offense will become a felony.

...

San Jose CA DUI-field-sobriety-testing attorneyEven if you have never been pulled over on suspicion of driving under the influence, many people are aware of field sobriety tests from popular television programs such as “Cops,” which shows police pulling over DUI suspects and asking them to walk in a straight line or recite the alphabet starting at a certain letter. While shows like “Cops” can entertain us with failed sobriety tests, a DUI conviction is a serious matter and field sobriety tests are used as legitimate evidence in a court of law. 

What are Field Sobriety Tests?

Field sobriety tests were developed to help police officers determine if a person had consumed enough alcohol that it affected their ability to drive. There are two categories of field sobriety tests: standardized and non-standardized. Most police officers will use a combination of both types to determine impairment, but usually only standardized tests hold up as evidence in court. Standardized field sobriety tests were developed in the 1970s, and their effectiveness has been studied and found to have identified impaired drivers 90 percent of the time.

Horizontal Gaze Nystagmus (HGN) Test

One of the first tests that an officer might use is the HGN test, which measures the involuntary jerking of your eyeball. Nystagmus is the term used for the normal and involuntary jerking of the eyeball. When a person is not intoxicated, nystagmus typically only occurs when the eye is at a high peripheral angle. When a person is under the influence of alcohol, the angle at which nystagmus begins is much less. When the test is conducted, the officer will have the suspect follow a moving object with their eyes in order to observe when nystagmus begins. Intoxicated suspects will typically have difficulty tracking the object as well.

...

San Jose underage DUI defense attorneyLike many states, California has stringent laws when it comes to underage drinking and driving. The legal drinking age for all states is 21 years old, but according to the National Highway Traffic Safety Administration (NHTSA), 24% of car accident fatalities for drivers in the 15 to 20 age bracket involved alcohol. From that statistic, 82% had a .08% BAC or higher, which is the legal limit for adults over 21 years of age.

Not only do many juveniles occasionally make improper judgment calls, such as when drinking in driving, but also their bodies do not process alcohol the same as adults. These differences increase the necessity for alcohol regulations for California’s youth, such as the Zero Tolerance law for underage DUI. If you or your child currently face juvenile DUI charges, it is essential to understand the allegations and what potential penalties those charges carry.

Underage-Specific DUI Laws

In California, there are two specific laws geared toward underage drunk drivers- VEH 23136 and VEH 23140. Both ordinances are only applicable to individuals under the age of 21 choosing to operate a vehicle after drinking alcohol.

...

San Jose DUI defense attorney, DUI charges, BAC, legal blood alcohol content, DUI defense attorneyIt is not uncommon to want to go out and have a few drinks over dinner or when visiting neighborhood bars and taverns with friends. Unfortunately, while you may think you are safe to drive if you spread out the amount of alcohol you consume over the course of the night, or stick to beer or wine rather than hard liquors, you could still be at risk for DUI charges.

While the legal blood alcohol content (BAC) limit of 0.08 percent in California may seem high, our DUI defense attorneys have handled numerous cases where just one or two drinks put someone over this limit.

How One or Two Drinks Can Put You Over the Legal Limit

...

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top