DUI Lawyer in San Jose – Santa Clara County

The last thing anyone wants is to get charged with a DUI in California. Depending upon how your case proceeds, you might have to face severe DUI penalties as well as deal with the degrade of your reputation and the embellishment on your criminal and driving record. However, what most people don’t know is that if you commit a DUI on federal property, you can be charged with a federal crime. If you commit a DUI in California, one can expect that they would face the penalties determined by the state.

However, jurisdiction for a DUI committed on federal property would fall under federal law and federal penalties would then be enforced. If the DUI occurs in a national park, then the Code of Federal Regulations would apply. On any other federal property, federal law would take over but they would apply the penalties in California. Some federal property sites you should be aware of include:

  • Military Bases
  • National Parks
  • Airports
  • Federal Courthouses
  • National Historic Places

If you have found yourself in a situation where you have been arrested for a DUI on federal property, the penalties can be severe with a possible prison sentence in a federal prison. This is an urgent matter and requires the expertise from a respected DUI lawyer in San Jose / Santa Clara County.

Federal DUI Charge in San Jose, Santa Clara County, Sunnyvale

As stated briefly, committing a DUI on federal property carries a different weight compared to committing one elsewhere in the state. The rules and regulations can be complex and difficult to understand which makes it much more urgent that you get help from an experienced DUI lawyer in San Jose. There are key differences between the two that should be noted before you proceed with your DUI. First, if your DUI occurred on federal property, it will be charged as a federal crime and prosecuted by a district attorney. For a federal crime, there is no trial by jury and instead, the proceeding is overseen by a group of federal judges instead.

Under U.S. Code, DUIs occurring on federal lands would be prosecuted under federal law but would enforce California state penalties. However, the case would still be tried as a federal crime and it would occur in a federal court. Some penalties that would be enforced, under California statutes, for a first time offense includes:

  1. Driver’s license suspension
  2. 6 months in prison
  3. Fees
  4. DUI school
  5. Possible installation of an ignition interlock device

In the case of national park DUIs, the prison sentence would be for the same period but the fines could exceed $5,000. If a DUI is committed on federal property and a DUI conviction requires that a jail sentence is to be served, then it will have to be completed in a federal prison.

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Spread all throughout California are several federal properties including military bases, national parks, and more. As we have covered, committing a DUI on any of these properties can warrant a federal DUI and, depending on the location, might involve either federal or state penalties. Some locations of federal properties in California are:

  • Marine Corps Air Station Miramar
  • Joshua Tree National Park
  • Camp Pendleton
  • Death Valley National Park
  • Yosemite National Park

On a military base, if you are non-military and you are caught drinking and driving, the military police, at this point, would turn you over to the federal prosecutors where you would be tried under federal law but, if found guilty, would face California penalties. However, if you are military and are arrested for a DUI, you would have to be tried under the military justice system. Getting a DUI on a federal property is a serious matter and one that shouldn’t be taken lightly.

The Ticket Crushers law firm understands how vital a federal DUI is and has 40+ years of experience assisting clients with similar situations. The last thing you need is to try and tackle this alone. Instead, you need to put your faith in the hands of expert DUI attorneys who have DUI defenses at their disposal and who can effectively defend your rights.

The DUI Lawyers at Ticket Crushers Law serves clients in the San Jose area

Receiving a DUI charge can be a frustrating and terrible experience especially if it is a federal DUI. You may feel that there is no way of winning your case and that you are better off just pleading guilty. However, if you trust us with your case, we can help you get the best possible outcome for your case and we will aggressively defend your rights till the end.

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02-2022

What is a DUI defense in California?

A DUI defense in Southern California, particularly in areas like San Mateo County, involves specialized legal strategies employed by defense attorneys to challenge the prosecution’s case against individuals charged with driving under the influence. These experienced DUI defense lawyers are well-versed in the intricacies of DUI laws and can provide guidance throughout the legal process, ensuring a comprehensive approach to protecting your rights.

What is the legal blood alcohol limit in California for DUI?

In California, the legal blood alcohol limit for DUI, especially in areas like San Mateo City, is set at 0.08% for individuals aged 21 and older. This means that exceeding this limit can result in DUI charges.

What are the penalties for a first-time DUI in California?

When individuals in San Mateo County and surrounding areas are charged with a first-time DUI offense, they may face severe penalties. Specialized DUI defense attorneys in these regions can tailor their defense strategies to the unique aspects of local jurisdictions, working to minimize penalties like license suspension, fines, probation, and even jail time.

How long does a DUI stay on your record in California?

A DUI can stay on your record in Southern California for up to 10 years, with no possibility of expungement.

Can you refuse a breathalyzer test in California?

In San Mateo City, it’s crucial to understand the implications of refusing a breathalyzer test. DUI defense attorneys with local knowledge can provide tailored advice, considering the implied consent law and its application in the specific jurisdiction. They can help you make informed decisions regarding testing and guide you through the potential consequences.

What are the consequences of refusing a DUI test in California?

Refusing a DUI test in Southern California can result in administrative penalties like license suspension under the implied consent law.

How much does a DUI defense cost in California?

The cost of DUI defense in California varies but often ranges from $2,500 to $5,000 for first-time DUI representation. It’s essential to choose a DUI defense attorney familiar with the local landscape, to ensure that your defense strategy aligns with the specific jurisdiction’s legal nuances.

Can you get a DUI expunged in California?

A DUI conviction cannot be expunged in Southern California, but DUI defense attorneys in San Mateo County can guide you through alternative legal strategies and programs to minimize the impact of a DUI conviction on your record.

Do I need a lawyer for a DUI in California?

When facing a DUI charge in California, it’s crucial to seek legal representation from a specialized DUI defense attorney, particularly in regions like San Mateo County. These experienced attorneys understand the local legal landscape and can provide guidance and legal defense strategies tailored to the specific jurisdiction, ultimately improving your chances of a favorable outcome

Are there DUI diversion programs in California?

California does offer DUI diversion programs in areas like San Mateo County, as alternatives to traditional DUI penalties, allowing eligible individuals to address underlying issues and potentially have charges dismissed or reduced.

Is a wet and reckless better than a DUI?

A wet and reckless charge is offered as an alternative to a DUI in California, with potential benefits due to lighter penalties and less severe long-term consequences. Specialized DUI defense attorneys in these regions can assess whether a wet and reckless charge is the right choice based on your case’s unique circumstances and local jurisdiction.

What is the difference between a DUI and a wet and reckless in California?

A wet and reckless is a reduced charge involving reckless driving under the influence of alcohol, offered as an alternative to a standard DUI charge. It may carry lighter penalties, but it’s essential to consult a DUI defense attorney with local knowledge to navigate the jurisdiction-specific aspects of the charge.

How long does a wet reckless stay on your record in California?

A wet reckless conviction in California can remain on your record for up to 10 years, with visibility during that time frame, particularly to law enforcement and government agencies in areas like San Mateo County and Southern California.

What is a wet and reckless in California?

A wet and reckless is a reduced charge involving reckless driving with alcohol or being under the influence of drugs. It’s offered as an alternative to a standard DUI charge. It may carry lighter penalties, but it’s essential to consult a defense lawyer with local knowledge to navigate the jurisdiction-specific aspects of the charge.

How long is probation for a wet reckless in California?

Probation for a wet and reckless charge in Southern California usually lasts three to five years, with standard terms and conditions, but may vary based on specific jurisdiction requirements, making the assistance of a defense lawyer essential to ensure compliance and resolution of the case effectively.

Real Reviews from our Clients!

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Ticket Crushers was able to get my speeding ticket dismissed. They communicated throughout the entire process and there was zero hassle – once I handed off the responsibility to them I had to do nothing else. I think I saved a lot compared to what the increase in insurance costs would have been. I recommend them highly.
Maurita D
I would highly recommend Ticket Crushers!! I called with a lot of questions, unsure of how to proceed. They were responsive and extremely helpful. They took on the case and informed me of every step along the way. They then were successful in getting the ticket dismissed. Thank you Ticket Crushers!!
Michael L
Enzo helped me with my speeding ticket and it was fantastic. He communicated clearly through the process, showed up for me in court so I didn’t even have to and got my ticket dismissed. No point on my license and no fine. I really couldn’t ask for anymore than that. I would definitely recommend Enzo, pretty epic outcome. Thanks Enzo!
Kai R
Got a speeding ticket in Sacramento and believed the officer clocked the wrong vehicle. Most attorneys I contacted told me if I’m eligible for traffic school then just pay the fine and take traffic school as I am not a commercial driver. I believed the officer made a mistake so I wanted someone to help me fight the ticket. Ticket Crushers came through big time. In the end, I was still found guilty but the judge even commended my attorney on the angle he took in his argument against the officer. The judge still allowed me to do traffic school so it still kind of works out. I have to pay the fine, but I just wanted an attorney to fight for me, and man did Ticket Crushers come out swinging. Highly recommend.