California was the 28th state to implement an immediate driver license suspension law. This law is applicable to anyone who is caught with a blood alcohol level over 0.08% or anyone who refuses a chemical test. It is important that you have an experienced DUI attorney on your side. You only have ten days after your arrest to apply so that you can fight your case at your local DMV. It is important that this application is done correctly, if you miss the ten day deadline, your license will be automatically suspended thirty days after your arrest for DUI.
San Jose, Santa Rosa and Sonoma, all these cities have specialized DUI attorneys to represent your case.
A DUI attorney can make sure that your application is successful. When arrested for DUI, San Jose residence especially, should know that it is possible to win a case at the DMV. Over 30% of people who had there driver' license suspended after arrest managed to keep their licenses by requesting a DMV hearing. However, very rarely do people who represent themselves win the case, it is important that you hire a specialized DUI attorney.
Due to the complexity of the charges and sentencing when facing a criminal case for DUI, it is imperative that you have a DUI lawyer. The overall seriousness of your case depends on a number of factors. If it was your first offence you will generally face lesser charges, depending on your blood alcohol level at the time of arrest, and the circumstances around your case. If someone other than yourself has been injured or killed, you could face additional charges for DUI. San Jose court appearances should not be considered without a knowledgeable DUI attorney.
An experienced DUI lawyer will inform you of possible defenses that could be applicable in your case. An arresting officer should inform you of your right to refuse a roadside breath test. If you were asked to perform field sobriety tests, were you required to do them on anything than a flat, well lit surface? Did you have a spiked drink? Did you have injuries to your knees, elbows or back, or an ear problem affecting your balance that caused you to score badly on the field sobriety test? If you are under twenty one there is a zero tolerance law applicable for DUI. San Jose is known not to tolerate under-age DUI defendants.
A common mistake is to think that because your blood alcohol level was below 0.08%, that you are off the hook for DUI. San Jose attorneys know the truth. Most people wait for their test results to be processed. When it shows a blood alcohol level below 0.08%, they are relieved. The truth is that you have been charged with two counts. You will face one charge for driving with a blood alcohol level above 0.08% which will be dropped.
You still have one count against you though. You have been charged with operating a vehicle in an impaired state. Do not wait for your test results to secure a DUI attorney. It may be too late to fight the charge of DUI. San Jose traffic officers are there for your safety and other's safety, DUI lawyers however are there to protect your liberties and privileges.
