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With over thirty-five (35) years of experience,
our DUI Defense Attorneys at Roberts | Elliott Law Corp know how to challenge your drunk driving charges and fight the DMV license suspension.

With over thirty-five (35) years of experience,
our DUI Defense Attorneys at Roberts | Elliott Law Corp know how to challenge your drunk driving charges and fight the DMV license suspension.

From investigating the Probable Cause for your stop, to the validity of field sobriety tests, the accuracy of preliminary alcohol screening tests (PAS) and your Chemical Breath and Blood tests, we will fight for your rights! We will also attempt to exclude any statements or admissions against your interest made while being detained and or arrested.

Our experienced Drunk Driving (DUI) Lawyers can fight to save your License by representing you at the DMV Aministrative Per Se Hearing. This DMV Hearing must be requested within Ten (10) calendar days from the date of your arrest. Otherwise, your late request may be denied and your Drivers License may be automatically supended.

Our Full-Service DUI  Law Firm has the reputation and resources you need for a successful and aggresive defense. Our San Jose DUI Lawyers have handled thousands of Drunk Driivng cases in Santa Clara County and throughout California.. For more detailed information about why you should retain our Criminal Defense Firm, please call us now for a Free Consultation at (408) 275-9800, or visit our About Us page.

Schedule your FREE Consultation

When your freedom is at stake, you want to have experienced representation who aggressively fight to protect your rights. Contact Roberts & Elliott today.
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Blood Alcohol Calculator

Use our  convenient Blood Alcohol Calculator to find your Blood Alcohol Content (BAC) and determine if you are a drunk driver.

Consequences

First time DUI (CVC 23536-23538)

  • A minimum fine of $400 plus penalty assessments for a total of approximately $2000. Maximum fine of $1000 plus penalty assessments can be in excess of $4000
  • A Mandatory 3 to 9 month Drinking Driver Program
  • A minimum 96 hours in the Santa Clara County Jail or Sheriffs weekend work program with a maximum of Six (6) Months County Jail. The Court may also allow Community Service work through the Sentencing Alternatives Program (SAP)
  • Three to Five years of summary Informal Court probation
  • Six Month DMV License Suspension/Restricted License
  • Other possible consequences include; car impoundment, Order of Ignition interlock device (IID)

Penalties could increase if certain factors were present at the time of the DUI stop, such as:

  • Driving impaired with a child 14 years old or younger in the vehicle
  • Speeding in excess of 20 mph on streets or 30 mph on highways and driving recklessly Extra Sixty (60) days in Jail
  • Refusing to take a Chemical Breath or Blood a test
  • Having an Excessive Blood Alcohol Content (BAC) of 0.15 or higher or 0.20 or higher
  • Driving with Marijuana in the Vehicle

Second DUI – within 10 Years

  • A minimum of Ten (10) days in the Santa Clara County Jail or Sheriffs Weekend Work Program with a Maximum of One (1) year in the County Jail.
  • An Eighteen (18) Month Drinking Driver Program (or 30 month if the County has such a program)
  • 3 -5 Years of Informal Court Probation
  • A $500 Fine plus Penalty Assessments for a total fine of approximately $2500, Max fine see above
  • DMV License Suspension/Restricted License
  • Other possible consequences include; car impoundment, Order of Ignition interlock device (IID)

Penalties could increase if certain factors were present at the time of the DUI stop, such as:

  • Driving impaired with a child 14 years old or younger in the vehicle
  • Speeding in excess of 20 mph on streets or 30 mph on highways and driving recklessly Extra Sixty (60) days in Jail
  • Refusing to take a Chemical Breath or Blood a test
  • Having an Excessive Blood Alcohol Content (BAC) of 0.15 or higher or 0.20 or higher
  • Driving with Marijuana in the Vehicle

Third DUI – within 10 Years

  • At Minimum of at least 120 days (4 Months) in the Santa Clara County Jail, average sentences can be as high as 6 to 9 months in County Jail.
  • A $600 dollar fine plus penalty assessments which totals over $3000, Max fine see above
  • 3-5 years of informal Court Probation or in these cases Formal probation with a Probation officer assigned to supervise your case
  • An Eighteen (18) Month Drinking Driver Program (or 30 months if the County has such a program)
  • Installation of an Ignition Interlock Device (IID)

Penalties could increase if certain factors were present at the time of the DUI stop, such as:

  • Driving impaired with a child 14 years old or younger in the vehicle
  • Speeding in excess of 20 mph on streets or 30 mph on highways and driving recklessly Extra Sixty (60) days in Jail
  • Refusing to take a Chemical Breath or Blood a test
  • Having an Excessive Blood Alcohol Content (BAC) of 0.15 or higher or 0.20 or higher
  • Driving with Marijuana in the Vehicle

4th DUI or Subsequent Offense – within 10 Years

  • A minimum fine of $400 plus penalty assessments for a total of approximately $2000. Maximum fine of $1000 plus penalty assessments can be in excess of $4000
  • 180 days to 1 year in jail; $390 to $1,000 fine plus penalty assessment; a 4 year license revocation; and an 18 month multiple offender alcohol program.
  • See 3rd offender information, supra, for participation in 30 month alcohol program.
  • 16 months, or 2-3 years in state prison, or 180 days to 1 year in jail; $390 to $1,000 fine plus penalty assessments; 4 year license revocation; and completion of an 18 month multiple offender alcohol program for reinstatement of license pound car at owner expense for up to 90 days.

Penalties could increase if certain factors were present at the time of the DUI stop, such as:

  • Driving impaired with a child 14 years old or younger in the vehicle
  • Speeding in excess of 20 mph on streets or 30 mph on highways and driving recklessly Extra Sixty (60) days in Jail
  • Refusing to take a Chemical Breath or Blood a test
  • Having an Excessive Blood Alcohol Content (BAC) of 0.15 or higher or 0.20 or higher
  • Driving with Marijuana in the Vehicle

1st Offense:

  • 5 days to 1 year in jail; $390 to $1000 fine plus penalty assessments; a 1 year mandatory license suspension; and court approved alcohol/drug program
  • 90 days to 1 year in jail; $390 to $1000 fine plus penalty assessments; and a 1 year mandatory license suspension

2nd Offense:

  • 30 days to 1 year in jail; $390 to $1000 fine plus penalty assessment or both; 1 year suspension followed by a restricted license (allowing driving for work and alcohol program) for an additional 2 years; and an 18 month multiple offender alcohol program
  • 120 days to 1 year in jail; $390 to $5000 fine plus penalty assessments; and 3 year license revocation

3rd Offense:

  • 30 days to 1 year in jail; $390 to $5000 fine plus penalty assessment; restitution or reparation pursuant to Penal Code 1203.1; license revocation for 5 years; and completion of an 18 month multiple offender alcohol program. License will not be reinstated until proof of ability to respond in damages and no grounds exist which would authorize refusal of license
  • 2,3 or 4 years in state prison; $1,015 to $5000 fine plus penalty assessments; and license revocation for 5 years. CVC 23190

Drunk Driving Terms

DUI
Driving Under the Influence (DUI) Vehicle Code Section (VC) 23152 (a-g)

Felony DUI
DUI causing injury VC 23153 (a-g) or 4th offense in 10 years Any DUI within 10 years of a prior Felony DUI

Commercial Driver DUI

Blood alcohol content (BAC) of .04 and above

DWI
Driving  While Intoxicated

BUI
Boating Under the Influence

DMV APS Hearing
Admininstrative “Per Se” License suspension Hearing

Wet Reckless  Reckless Driving with alcohol involved. This is an offense that a DUI charge can be reduced down to by the DA

Underage DUI
Minors under the age of twenty-one (21) Drinking and Driving with blood alcohol content (BAC) of .05 or greater and Minors under 21 driving with “any” alcohol in your system (.01 BAC) Zero Tolerance License Suspension
Contact Our Experienced California DUI Lawyers

Driving while under the influence (DUI) of alcohol or drugs- makes it unlawful for one to operate a motor vehicle while the person’s ability to operate the vehicle is impaired; or the driver is driving with a blood alcohol level of .08% or greater. Typically an officer will stop a driver for committing a vehicle code violation or other traffic Infractions and then investigate the driver for drunk driving.

After an initial contact by the officer, the officer may have the individual step out of the vehicle and perform field coordination tests and/or roadside tests. These balancing tests include the line walk, finger dexterity test, modified position of attention, as well as reciting the alphabet. These tests help the officer determine the physical or cognitive abilities of the arrestee. If the officer believes that there is probable cause to arrest the individual for driving under the influence (DUI), then the arrestee is taken down to the police station to take a chemical test. Chemical testing (governed by Title 17 of the California Code of Regulations) includes breath samples and/or a blood draws. Urine tests are also available but no longer used within the State of California.

If you have been arrested for Drunk Driving, you must immedaitely contact the Department of Motor Vehicles (DMV) within Ten (10) days from the date of your arrest, to request an Administrative Per Se (APS) hearing to fight to save your license. Failure to do this will result in the denial of a hearing and the immedate suspension of your drivers license. Our San Jose DMV/DUI Lawyers can set this hearing for you, in an effort to win your DMV case and save your license. We have succesfully handled thousands of California DMV hearings over the last Thirty-five (35) years. 

A DUI sentence can result in severe consequences including;  jail, fines, license suspension, car impoundment, installation of an ignition interlock device (IID), probation, as well as lengthy alcohol programs.( California Vehicle Code Sections (CVC) 23152(a), 23152(b),23152(c) 23152(d) 23152(f) 23153(a), and 23153(b). 

We want you to feel confortable and confident when you hire us. That is why we personally respond to each perspective clients contact. We believe that we are the best Drunk Driving (DUI) Defense law firm for you. We want to answer your questions about California DUI Laws and explain potential defenses to your specific case. For that reason, we invite you to schedule a FREE CONFIDENTIAL CONSULTATION with one of our experienced San Jose Drunk Driving Attorneys by calling us at 408-275-9800, e-mailing us, or filling out our intake form on our Contact Us page.

You can also obtain some general information about criminal law or the criminal process, by visiting our Criminal Information page, our Criminal Trial Process page, and our Know Your Crimes page.