Bay Area DUI Lawyer

San Jose Bay Area DUI Lawyer

DUI and DWI penalties can include driver's licence suspensions and heavy fines that can negatively impact your life for years. If you've been charged with a DUI or DWI, a professional Bay Area DUI Lawyer from Salciccia & McElmurry can help.

Defenses:

It is a common but understandable misconception that a DUI charge is unbeatable. There are defenses. Even if we can't beat the DUI completely, many times we can resolve your case as a lesser offense such as a “Wet Reckless” or a “Dry Reckless.” The following is a list of defenses that have been proven to be successful in many DUI cases:

• Medical Defenses
• Do you suffer from Acid Reflux or GERD (Gastroesophageal Reflux Disease)?
• Do you take birth control pills?
• Are you taking any other medications?
• Do you wear dentures or other dental devices?
• Do you have any heart diseases?
• Do you suffer from vertigo?
• Do you have any pre-existing injuries?
• Many more…


• Various Other Defenses
• Improperly calibrated chemical testing equipment
• Improperly trained operator
• Violations of Title 17 procedures
• Improper preservative levels
• Many more…

Bay Area DUI Lawyer

Penalties:

The following is only a partial list of penalties and may vary depending upon the specifics of your case. Factors such as age, prior convictions, injuries, blood-alcohol content and others may alter your punishment if convicted. This is to be used only to help you understand what you might be facing.

First Time DUI

• 4-Month APS Suspension
• 6 Month Court Suspension
• 48 hours to 6 Months In Jail
• $390-$1,000 Fine plus assessments (Total usually exceeds $2,000.00)
• 3 Month First Offender Program
• 3-5 years probation

Second DUI within 10 Year

• 12-24 Month license suspension
• 30 days to 6 months in jail
• $390-$1,000 Fine plus assessments
• 18 month drunk driver program
• 3-5 years probation
• Ignition Interlock Device
• Potential Impound Of Vehicle

Third DUI within 10 Years

• 120 Days to one year in jail
• 3 Year License Revocation
• $390-$1,000 Fine plus assessments
• 3-5 years probation
• Ignition Interlock Device
• 18-30 Month Alcohol Program
• Potential Impound Of Vehicle

Fourth DUI within 10 Years (FELONY)

• 180 Days to 1 year or State Prison
• 4 Year License Suspension
• 3-5 Years Probation (Formal)
• 18-30 Months Alcohol Program
• $390-$1,000 Fine plus assessments
• Potential Impound Of Vehicle

With so much at stake, it's imperative that you consult a specialty Bay Area DUI Lawyer from Salciccia & McElmurry who can help you understand the evidence, determine if your rights have been violated or negotiate a favorable plea bargain on your behalf.

If you've been charged with a DUI or DWI, contact us immediately at (408) 295-5555 for a free consultation with a successful Bay Area DUI Lawyer.

DUI Tip: You have ONLY 10 DAYS after your arrest for you, or preferably your DUI Lawyer, to request a DMV hearing that could delay and possibly prevent the suspension of your driver's licence. If the request is not made in time, no hearing will be held and the suspension of your licence will automatically take effect 30 days after your arrest.