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Article Title: Things to Know Before Hiring a DUI Lawyer in San Jose CA
Author: Simon Volkov
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Retaining services from a DUI lawyer in San Jose CA is an important task that necessitates research and careful consideration. The state of California imposes hefty penalties upon people convicted of driving under the influence of drugs or alcohol.
Should the need arise to hire a San Jose DUI lawyer it is imperative to locate a law firm skilled in the sort of charges involved. With that said, defendants shouldn't waste time because they will have their driving privileges suspended if they wait too long.
People who are charged with driving while intoxicated in Santa Clara County need to have a lawyer request an official hearing to prevent automatic suspension of their license. This request has to be filed with the court within 10 days from the arrest date.
The Golden State has little tolerance for those who drink and drive. People who break the law will face incarceration, fines, fees, and lose their right to drive a car. Penalties are even harsher for minors and those who have prior DUI convictions.
California quite literally has zero tolerance for underage drinking. While the state makes it illegal for adults to drive if their blood alcohol content is at or above 0.08 percent, minors can be charged with DUI if their BAC is 0.01 percent.
Penalties are steep for first offense, but repeat offenders face much greater consequences. Drunk drivers who are involved in accidents that result in bodily harm, property damage, or worse will most likely find themselves imprisoned if convicted of the crime.
Adults who are convicted of driving under the influence for the first time will have to pay court fines which range between $390 and $1,000. They could be incarcerated in Santa Clara County jail for up to six months or placed on probation for up to five years.
Most often, people convicted of DUI in San Jose must attend alcohol and/or drug education classes which can cost several hundred dollars. Additionally, they could lose their driving privileges for 6 to 10 months.
Many residents are unaware of California's Implied Consent Law which permits police officers to administer breath, blood, or urine tests once a person is arrested for DUI. If a person refuses these tests they will face further charges.
Defendants can choose to take their California DUI to trial and allow a jury to decide if they are guilty of willfully refusing to submit to BAC chemical testing procedures.
Practically everyone will agree that field sobriety testing (FST) is a helpful tool for law enforcement. However, testing procedures and equipment are not entirely infallible and there is potential for false-positive test results.
The National Highway Traffic Safety Administration acknowledges that FST equipment has a failure rate approximately 35 percent of the time. About 1 in 4 people face criminal charges due to erroneous test results.
Two factors that can adversely affect breathalyzers include electromagnetic fields (EMF) and radio frequencies. Both can cause higher than normal testing when only minimal alcohol has been consumed.
Due to the potential for improper testing procedures and faulty equipment it is vital to talk with a qualified DUI lawyer.
Certainly, people face extraordinary financial hardship when convicted of DUI in San Jose. Along with attorney retainer and defense fees, people who are convicted also have to pay court fines, alcohol education class fees, and perhaps even electronic monitoring device fees.
Furthermore, people most often have their driver's licenses suspended after DUI conviction. Those whose profession involves driving a vehicle for a living are likely to lose their job as well; especially if they are repeat offenders.
One of the better approaches for finding attorneys is through word-of-mouth referral. However, law firms can also be found at the American Bar Association website or by conducting research via the Internet.
It can be beneficial to interview a minimum of three law firms to determine which one is best suited for the specific case. People who have been charged with underage drinking or have prior DUI convictions will need help from attorneys who specialize in these areas.
Before consulting with potential attorneys it is advisable to organize paperwork associated with the case. It's also helpful to write down the list of events that occurred before and after the arrest.
Drinking alcohol and operating a motor vehicle is never a wise decision. However, people who err in judgment or those who are accused of a crime they did not commit must seek help from the best lawyer they can afford.
About The Author: Hiring the right lawyer is essential when charged with a California DUI. A qualified law firm can carefully review the circumstances to determine if charges can be reduced or dismissed. The website of
http://www.duilawyersanjose.net can help individuals find the best attorney for their case.
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