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San Jose CA DUI defense lawyerIn California, getting a DUI is an extremely serious matter. In addition to fines and criminal penalties, there is also the impact on your driver’s license, the increased costs, and the potential damage to your job or reputation. When considering whether you need legal help in defending yourself against these charges, it is important to consider these ramifications. The following outlines what to expect based on whether you have any prior DUIs on your driving record, along with some of the defenses our San Jose DUI defense attorneys may be able to raise in your case.  

Could You Be Facing a Jail Sentence for a DUI? 

Under California law, it is illegal to drive with a blood or breath alcohol content (BAC) level of 0.08 or greater. Law enforcement officials have the authority to pull you over, detain you, and press criminal charges in the matter if they have a reasonable suspicion you are operating the vehicle under the influence of alcohol or any intoxicating substance. 

As drunk driving is a leading cause of car accidents and injuries throughout the state, California takes a strong stand against suspected DUI drivers. Penalties you face depend on whether you have previously been convicted on a DUI offense or whether anyone was injured as the result of your actions. These penalties include: 

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San Jose CA DUI defense lawyerNo matter the circumstances, a DUI is always a serious charge that can carry pretty serious circumstances. When you cause the death or bodily injury of another while you are driving under the influence of alcohol, all of a sudden those charges become even more serious and you will probably face felony charges, rather than misdemeanor charges. When you are charged with vehicular manslaughter while intoxicated, you could face years in jail, among other consequences.

DUI With Injury: VEH 23153

If you cause injury to another person while you are driving under the influence, you can be charged with a DUI with injury as per the California Vehicle Code. In order to be charged with this crime, it must be proven that you violated at least one of California’s DUI laws, that you broke another law or acted negligently while driving and that the negligence caused an injury to someone else. DUI with injury can be charged as a misdemeanor or a felony, depending on the circumstances. Typically, a misdemeanor charge will carry a sentence of five days to one year in county jail, informal probation for three to five years, up to $5,000 in fines and a suspension of your driving privileges.

Vehicular Manslaughter and Gross Vehicular Manslaughter While Intoxicated: PEN 191.5(b) and PEN 191.5(a)

If you cause the death of another person while you were driving under the influence, you may be charged with either vehicular manslaughter or gross vehicular manslaughter. Essentially, these two charges are the same thing, but with a gross vehicular manslaughter charge, it must be proven that you acted with gross negligence when you caused the death. Gross negligence occurs when you act in a reckless way that creates a high risk of death or great bodily injury and most people would have known that the reckless act created the high risk of death or bodily injury.

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Posted on in DUI

San Jose criminal defense attorneys, DUI charges, suspended license, DUI cases, DUI penaltiesDriving under the influence of alcohol, prescription medications, or any illegal substance is a serious matter in California. The state has some of the harshest DUI penalties, which include heavy fines, lengthy driver’s license suspensions, and potential mandatory minimum jail sentences.

If you are arrested and charged with any type of DUI, you need an experienced criminal defense attorney working on your case. While you may think you are saving yourself money and can defend these charges on your own, it can have long ranging impacts on every area of your life, jeopardizing your freedom and financial security.

California DUI Laws

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