DUI Defense: Frequently Asked Questions

Are you facing DUI charges? If so, you are likely filled with fear, and have many questions regarding what a DUI conviction will mean for your future. To have your questions answered more fully, contact a San Jose DUI attorney at our firm as soon as possible.

Frequently Asked Questions

Will I have to go to court?

The DUI court process is lengthy and complicated, and you will likely have to appear in court at least once, for your arraignment. Having an attorney to represent you can ease the stress and burden of appearing in court.

Will I lose my driver's license?

When you are arrested for DUI, your driver's license is automatically confiscated, and unless you act quickly, you may lose your license for a lengthy period of time. An attorney can help you schedule a DMV hearing and fight for you to retain your driving privileges.

Will I have to attend rehab or counseling?

Agreeing to attend alcohol rehab or counseling can help you avoid a more serious penalty such as jail time, and is often a good option for first time offenders. Repeat DUI offenders are often required to attend counseling.

What is an ignition interlock device?

An ignition interlock device is something that is installed in your car and will prevent your vehicle from being turned on unless you submit a clean breath sample. This is often a penalty for second, third, or fourth time DUI convictions.

Should I accept a plea?

The details of your case may be such that accepting a guilty plea with reduced punishment may be a better solution than taking your case to trial. However, this can only be answered after discussing your case and all options thoroughly with your attorney.

Will a DUI be on my record forever?

If you are convicted, after a certain amount of time, you can file a petition to have your DUI expunged from your record. A DUI conviction can have a devastating impact on your life, and prevent you from getting a good job, or even from being accepted to college. DUI expungement can help you overcome the stigma of a DUI by erasing it from your record.

What is a felony DUI?

In California, the district attorney may choose to charge an individual with felony DUI if any of the following circumstances prevailed:

• Any individual other than the person being charged sustained bodily injury due to the DUI offense.
• The individual being charged has had at least one prior charge on their record of a felony DUI.
• The individual being charged has had 4 or more DUIs within a 10 year period.

Depending on what county you were arrested in, the district attorney will determine if the DUI with injuries rises to the level of a felony. It is important to make sure you work with a DUI defense attorney who is familiar with the courts and prosecutors in that county. Prior felony and 4th DUI can also be up to the discretion of the district attorney as to whether or not it will be charged as a felony. Because there is room for debate, this allows for the possibility of a plea bargain on your behalf by a well-versed and proven DUI defense attorney.

Have more questions? We have answers!

It is clear that DUI is a complex area of the law, and as such you need a San Jose DUI lawyer who is dedicated to fighting for your rights. At The Law Offices of Adam Allen Arant, Esq., we understand that this is a difficult and trying time for you and your family, and we will do everything in our power to minimize the damage that you sustain in your life.