DUI FAQs


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Were you recently arrested and charged with DUI? If you are feeling overwhelmed, confused and alone, The Law Office of James Dunn can assist you. With 15 years of legal experience behind him and as a member of The California DUI Lawyers’ Association, Attorney James Dunn has the answers you can count on! To get you started, the firm has compiled a list of commonly asked questions about DUI charges in San Jose, Silicon Valley and the greater Bay Area below:

WHAT SHOULD I DO AFTER BEING ARRESTED FOR DUI?

The most important thing you can do is ensure your rights are not violated by hiring a DUI defense attorney immediately! You have the right to remain silent and it is advised that you speak with a lawyer before saying anything to police. It is also important that you hire an attorney immediately so that you can begin fighting for your driving privileges back right away! In California you only have 10 days after a DUI arrest to request a DMV hearing (see below). Make this scary time a little less overwhelming by securing hard-hitting legal representation on your side!

SHOULD I SCHEDULE A DMV HEARING?

It is usually advisable, yes. A DMV hearing gives you the opportunity to cross-examine the arresting officer (you can use his testimony in a criminal court of law as well), provide your own evidence/witnesses and fight back for your driving privileges by convincing a DMV officer that the charge against you is unwarranted. At a DMV hearing an attorney can help you present the following:

  • Were you arrested by an officer who had probable cause to pull you over?
  • Were you placed under lawful arrest?
  • Was your BAC level 0.08% or higher?
  • Did you refuse to take a chemical test?
  • Did the officer warn you that if you failed to submit to chemical testing your license would be revoked?

WHAT PENALTIES CAN I EXPECT IF I AM CONVICTED?

In California, if you are convicted of a first DUI offense, you can expect a jail sentence between four days to six months, a fine between $1400 and $2600 and a license suspension from 30 days to 10 months. Worst of all, a DUI can affect your livelihood, your reputation and your family. In short, the penalties for a DUI conviction, whether you’re a repeat offender or a first time offender, are harsh and will adversely affect your future. To protect your rights, contact The Law Office of James Dunn immediately!

If you have more questions about what defenses could be available to you, what to expect throughout your DUI case, why you should hire a DUI attorney or another question entirely, call Mr. Dunn now! A member of the National Police Accountability Project and an attendee of the National College for DUI Defense, he has the answers you are looking for and the knowledge that could give you the leg up in court!