Santa Clara DUI Conviction Defense

First Steps to Avoid a Drinking and Driving Conviction

The immediate step after being arrested and charged for driving under influence, impaired driving or drinking and driving is to appoint a defense lawyer. Defendants should hire DUI trial lawyers in Santa Clara, given the likelihood of the case going to trial. The nature of a DUI conviction determines the exact punishment. There are different DUI charges, some of which are less severe such as misdemeanor and some are serious like felony. DUI conviction can be limited to license suspension and fine. It may lead to permanent loss of license, jail term for several years, serious probation and installation of ignition interlock device.

It should be noted that drinking and driving conviction can lead to hefty penalties if there was damage to property, bodily injury or death. DUI manslaughter is treated as homicide and is actually second degree murder. The DUI conviction defense should be prepared accordingly. Any drinking and driving conviction defense has to be multifaceted, factoring in all technical evidences, cross-examination of the witnesses, countering the arguments of the prosecution and finding procedural lapses to cite any illegality leading up to the arrest or thereafter.

DUI laws in the state of California are among the most stringent but there is substantial room to found a strong defense. A police officer has the right to stop a vehicle and is bound by law to conduct a breathalyzer test but only if there is reasonable suspicion that a person is driving under influence. Impaired driving cannot be speculation or guesswork. A police officer cannot act as per their whim and fancy. There are precedents establishing what the reasonable grounds for stopping the vehicle are. These can be used in a DUI conviction defense.

The police officer can only arrest a person when there is provable evidence of impaired driving, drinking and driving or driving under influence of alcohol, drugs, marijuana or other substances. The evidence is purely technical, whether it is a breathalyzer test, blood or urine test and field sobriety test. Despite being technical and there being proof of most tests, an expert DUI lawyer can challenge the inferences on acceptable grounds and the prosecution may fail to prove beyond reasonable doubt that the accused is guilty of the charges filed.

Do Not Hesitate To Contact Us If You Are Facing A DUI Conviction in Santa Clara

Serious Cases of Drinking and Driving in Santa Clara, California

Drinking and driving is prohibited for those aged under twenty one. Those aged above twenty one can drink and then drive but their blood alcohol concentration should be less than 0.08%. If the blood alcohol concentration exceeds 0.08%, then it is a serious crime. The crime is even more serious if there is an accident, if someone or several people have been injured, if property has been damaged and if someone has been killed.

Severe cases of drinking and driving warrant harsher punishments following a DUI conviction. These cases demand an even more effective and astute DUI conviction defense. Everything that can be challenged and all relevant defense tactics that can be used should be employed by a DUI lawyer in Santa Clara to somehow establish the necessary reasonable doubt that will prevent a drinking and driving conviction. Drinking and driving offenses are routinely convicted in the state and there are many cases that get dismissed outright. Your choice of DUI lawyer in Santa Clara can make a consequential difference.

The law mandates minimum quantum of punishments and there are provisions for more severe sentencing. The nature of drinking and driving offenses, the immediate fallout and the aftereffects will determine the seriousness of the crime and hence the severity of the DUI conviction.

• First time offenders get their license suspended for six months and are put under probation for up to three years. There can be a jail term of up to six months and a fine that can be as much as a thousand dollars.
• Second time offenders get their license suspended for two years and are put under probation for up to three years. There can be a jail term of up to one year and a fine that can be as much as a thousand dollars.
• Third time offenders get their license suspended for three years and are put under probation for up to five years. There can be a jail term for several years and a fine that can be as much as a thousand dollars. The three strikes law applies to third time offenders.

DUI conviction in cases where bodily harm or death has been caused as a result of impaired driving is the harshest. Drinking and driving offenses are a felony when there is bodily injury or death. Imprisonment can be for several years. Fines can be several thousands of dollars. There can be additional lawsuits filed against the accused after a DUI conviction. DUI manslaughter or vehicular manslaughter is dealt with as per the homicide or murder laws in California. Drinking and driving conviction can be worse in case of second degree murder charges due to the death of a person or more can warrant imprisonment of fifteen years up to life terms. Negligent manslaughter also makes a jail term imperative as per the law.

Seek Immediate Legal Representation to Prevent Drinking and Driving Conviction in Santa Clara

You need a DUI trial lawyer to prevent a drinking and driving conviction. Drinking and driving offenses can be proven in a court of law using various types of evidence. Likewise, different types of DUI conviction defense can be used. Call us immediately after an arrest and we will offer you a free consultation to get started with your drinking and driving conviction defense.

If you are dealing with drinking and driving offenses, get in touch with us immediately for professional advice, consultation services, and defense at trial.