- DUI / DMV
- Administrative License Hearings
- DUI-Criminal-Charges
- DMV Issues
- DUI Causing Injury
- DUI Penalties
- Field Sobriety and Breath Tests
- Restrictive Driver's Licenses
- The DUI Process
- Traffic Tickets
- Spousal Abuse
- Drug-Related Offenses
- Juvenile Defense
- Assault
- Homicide
- Child Abuse & Molestation
- Drug Possession
- Sex Crimes
- Theft
- Violent Crimes
San Jose Office
79 Devine Street, Suite 201
San Jose, CA 95110
Phone: 408-298-2800
Fax: 408-298-1466
Email
Santa Cruz Office
411 Cedar Street
Santa Cruz, CA 95060
Phone: 831-429-1009
Fax: 831-429-1315
Email
Drunk Driving / DUI
Santa Clara and Santa Cruz County DUI Attorney Santa Cruz and Santa Clara County DUI Defense LawyerIf you have been arrested for DUI (DWI, drunk driving), you know what a difficult experience that is. The Law Office of Donald M. Kelly understands. Our DUI attorneys have represented people charged with DUI in every Bay Area jurisdiction. We know the laws, law enforcement, prosecutors, and judges who are involved in your situation. And we can help you. On this page you will find general information about drunk driving. Contact our DUI defense lawyers for specific information and advice about your arrest. The Law Office of Donald M. Kelly represents clients throughout the South Bay Area including the communities of San Jose, Santa Clara, Campbell, Cupertino, Palo Alto, Los Gatos, Morgan Hill, Gilroy, Saratoga, Sunnyvale, Mountain View, and Fremont, and in Santa Cruz County, including Santa Cruz, Capitola, Scotts Valley, Soquel, Aptos, and Watsonville. E-mail: Contact Us
Law Office of Donald M. Kelly
Serving clients in Alameda County, San Mateo County, Monterey County, Santa Clara County, and Santa Cruz County, California Overview of Drunk DrivingEach US state has its own set of drunk-driving laws, and in some states drunk driving is a crime, while in others, like New Jersey, it is classified as a traffic offense. While drunk-driving laws do differ among the states, there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, operating a motor vehicle after consuming alcohol and/or drugs to a degree that impairs a person's judgment and ability to drive safely is a serious offense. Both criminal and civil penalties for drunk driving can be harsh and often include:
In addition, the social stigma and effect on your career may have lifelong negative consequences. The Use of Ignition Interlock Devices in Drunk-Driving CasesMost states have regulations that allow or mandate that judges order the installation of interlock devices as a penalty during sentencing in drunk-driving cases. An ignition interlock device is installed in a car that measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start. Because the laws regarding the use of ignition interlock devices in drunk-driving cases vary from state to state, it is important to speak to an experienced DUI defense attorney in your state. The Prosecutor's Role in a Drunk-Driving CaseProsecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court. Reliability of Breath-Test Results in a Drunk-Driving CaseIn every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation. The Impact of a Drunk-Driving Conviction on Your Auto InsuranceAn alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a lawyer can advise you about your legal rights and help you fight the charges.
|