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
Drunk Driving/DUI - An OverviewThe crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state law refers to or defines the crime. Whatever the name, the state laws all have a common aim of punishing those who drink and drive, or those who drive while under the influence of illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney. Parole & Probation in Drunk Driving CasesParole and probation are both supervisory-type mechanisms employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. The actual terms can vary widely, based on the underlying crime, the characteristics of the offender, and the resources of the probation system. All probations are subject to a requirement that the offender refrain from committing further crimes. Persons convicted of drunk driving may be placed on probation, or for subsequent offenses they may be given a jail or prison term and then paroled, subject to continuing supervision. Lawyers experienced in criminal defense and drunk driving law can explain the spectrum of possible punishments for drunk driving offenders and describe the differences in the possible sentences in greater detail. 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 often up to the government to investigate, arrest, charge, and bring the alleged offender to trial. Prosecutors are the lawyers who work for the government and who are responsible for putting on the government's case against a defendant. Prosecutors may be called county attorneys, city attorneys, or district attorneys. 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. Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced in criminal law, and it is therefore essential that the defendant's attorney have the same advantage. Thus, in order to best preserve a criminal defendant's rights and strike a fair balance in court, representation by an experienced criminal defense attorney, particularly one knowledgeable in drunk driving law, is a must. Challenging the Reliability of Breathalyzer Test ResultsIn all drunk driving cases, the prosecution must prove that the defendant's blood alcohol concentration at the time of the offense was at or above a statutory limit. In many states, the limit is .10 percent, but in others it is .08, and there is a national movement afoot to make that the limit in all states. In order to prove the requisite level of alcohol in the blood of someone arrested for drunk driving, it is necessary to obtain a suitable sample of the arrestee's blood, urine, or hair at the time of arrest. The use of a breath test is by far the most popular scientific method for establishing that drunk driving has occurred. Some defendants, however, have been able to successfully challenge the results of such tests in court, thereby preventing a conviction. An attorney experienced in drunk driving defense law is in the best position to advise a client on whether the "Breathalyzer" test results may be subject to challenge in his or her particular case. Drunk Driving and Auto InsuranceAfter serving the sentence and paying the fine, a person convicted of drunk driving is eager to let things get back to normal and to return to life as it was before the charges. In most parts of the U.S., normal living-school, work, other activities-usually involves driving, and driving requires automobile insurance. The worst parts of the charge may seem to be behind you, but you are then faced with yet another consequence: trying to obtain automobile insurance after a drunk driving conviction.
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