Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Every year, law enforcement officers carry out over 100,000 arrests for DUIs in California. But just because someone is arrested doesn’t mean they are guilty of a crime.
If you were arrested for a DUI charge, a good DUI lawyer may be able to help you avoid jail time, fines and a suspended license. This guide helps you find the best DUI lawyers in San Jose.
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Best DUI Attorneys in San Jose
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DUI Laws in California
Like every other U.S. state, California has strict DUI laws intended to prevent people from driving under the influence of alcohol or drugs. The penalties for these crimes vary, depending on the circumstances of the arrest. Anyone who regularly drives in California should be aware of DUI laws and the potential consequences of breaking them.
Legal Blood Alcohol Concentration (BAC) in California
California determines whether someone has violated the DUI statutes based on their BAC. This is a rating of alcohol concentration that generally reflects how badly impaired the person is.
Anyone with a BAC of 0.08% or higher is considered to be legally intoxicated in California and can be arrested for a DUI if driving a vehicle in that state. That represents roughly two to three drinks for the average person. The standard for intoxication drops to 0.04% for anyone driving a commercial vehicle and 0.01% for anyone under 21 years old.
Implied Consent Laws in California
The implied consent law in California makes it mandatory for any driver to submit to a breath test to determine their BAC after they have been lawfully arrested for a DUI.
There are two points to note about this law: Drivers can refuse a preliminary alcohol screening (PAS) test before they are arrested, and a breath test isn’t mandatory if the driver was arrested on a charge other than a DUI.
Should a driver refuse a mandatory breath test, their driver’s license may be suspended, regardless of whether they are convicted of a DUI. Furthermore, if they are convicted, they face increased penalties from that conviction.
DUI Penalties in California
When a driver is convicted of a DUI in California, the penalties depend on how many times they were previously convicted of a DUI and whether there are any other aggravating factors. The judge then determines the sentence within the following guidelines:
- First-time offense. For an initial offense, the defendant is placed on probation for three to five years, serves up to six months in jail, pays a fine of between $390 and $1,000 and completes an alcohol or drug education program. They may face a four-month license suspension or be required to install an ignition interlock device (IID).
- Second-time offense. For a second offense, the defendant serves between four days and one year in jail and either has their license suspended for two years or is ordered to install an IID for one year. Other penalties are the same as for a first-time offense.
- Third-time offense. The minimum sentence increases to 120 days of jail time for a third offense, and the IID or license suspension times increase to two and three years, respectively. Additionally, the defendant is designated as a habitual traffic offender by the DMV, which affects future traffic penalties and insurance costs.
- DUI felony offense. If a driver is convicted of a DUI four or more times in a ten-year period, future DUIs will be charged as felonies. The penalties for this type of offense are 16 months to three years in prison, a fine of up to $1,000, DUI school, three to five years of probation, designation as a habitual traffic offender and designation as a convicted felon. Finally, they may be required to use an IID for one year; alternatively, their license may be suspended for four years or permanently revoked.
- Aggravating factors. Any of the following aggravating factors increase the jail or prison time served by the defendant: Refusing a mandatory breath test, causing an accident, speeding or having a previous wet reckless conviction.
What to Expect After a DUI Arrest in California
When a driver is arrested for a DUI, they take a mandatory blood, breath or urine test to determine their BAC. They can refuse, but there are consequences for doing so.
After being processed at the police station, the offender is likely to be released from jail without posting bail, especially if they are a first-time offender or no one was injured due to the DUI.
The DMV suspends the driver’s license. The case is likely to result in prosecution. The defendant may have a lawyer present throughout this process if they request one.
How Can an Attorney Help You?
Usually the first thing San Jose DUI lawyers do after a DUI arrest is take steps to prevent their client from having their license revoked or suspended. If the DMV isn’t notified within 10 days of a hearing request, it will automatically suspend the driver’s license for at least four months. San Jose DUI lawyers can fight this suspension if retained quickly enough.
Additionally, San Jose DUI lawyers try to minimize the penalties their clients face after a DUI. Getting the charges dropped is the best-case scenario. But even when that isn’t possible, San Jose DUI lawyers fight to minimize the penalties for the charged offense. That might involve:
- Filing motions to get evidence dismissed
- Negotiating for lesser charges
- Negotiating for reduced penalties in return for a guilty plea
- Seeking alternative penalties or diversion programs
Winning a DUI case rarely means being found not guilty by 12 jurors. Usually, San Jose DUI lawyers seek favorable results for their clients without ever stepping foot in a courtroom.
How to Choose the Best DUI Lawyer in San Jose, CA
This list can help you determine the best San Jose DUI lawyers, but that doesn’t mean they are equally qualified to handle your case. Consider the factors specific to your case before picking an attorney from this list:
- If you are a repeat offender. If you are a repeat offender, you are unlikely to get much leeway from the prosecutor in charge of your case. In this situation, you might want an attorney who excels in trials rather than in negotiating lesser charges.
- Languages the attorney speaks. If you or someone involved in the case doesn’t speak English very well, you want a lawyer who speaks other languages or uses interpreters.
- Past results in other cases. Before you select an attorney, ask them to provide details of past cases they have handled with similar facts. If they have previously succeeded in a similar case, they are more likely to do well with yours.
Methodology
To come up with the best DUI lawyers in San Jose in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What does “wet reckless” mean?
There are two types of reckless driving charges in California: wet reckless and dry reckless. A wet reckless charge means that drugs or alcohol were involved while a dry reckless driving charge simply means that the reckless driving occurred without the driver being under the influence of drugs or alcohol.
Can I get charged with a DUI if I am sleeping drunk in my car?
If you are sleeping in a car and have been drinking, a police officer can arrest you for a DUI. However, simply sleeping while drunk doesn’t mean you broke the law. You must have actually driven the vehicle.
The police don’t have to see you move the car, but if they have a reasonable suspicion that you have been driving drunk, they can arrest you.
What does it mean to be on probation for a DUI?
If you are on probation for a DUI and are charged with another DUI, the penalty will be more significant. Additionally, while you are on probation, you are considered to be legally intoxicated if your BAC is 0.01% or higher.
