38 Years of Criminal
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Welcome to Waite Law Firm – Your Trusted Criminal Defense Lawyer in San Jose, CA
Welcome to the Waite Law Firm, your premier destination for expert legal representation in San Jose, California. Led by Peter Waite, a dedicated criminal defense attorney, we specialize in defending individuals facing DUI accusations. With a focus on providing comprehensive legal guidance and unwavering support, we strive to ensure the protection of your rights and deliver the best possible outcome for your case.
Understanding DUI Blood Alcohol Concentration (BAC)
One of the key factors in DUI cases is the Blood Alcohol Concentration (BAC) level of the individual at the time of arrest. In California, the legal limit for BAC while operating a motor vehicle is set at 0.08%. However, it’s essential to note that even a BAC below this limit can result in charges if the individual’s ability to operate a vehicle safely is impaired due to alcohol or drugs.
Penalties for DUI in California
The penalties for DUI convictions in California can vary depending on several factors, including prior offenses and the level of impairment. Below are the typical penalties individuals may face for DUI convictions:
- First Offense DUI (California Vehicle Code 23152 VC):
- Fines ranging from $390 to $1000License suspension for up to six monthsPossible imprisonment for up to six monthsParticipation in DUI education programsInstallation of an ignition interlock device (IID) in some cases
- Increased fines and penalties compared to the first offenseMandatory jail timeLonger license suspension periodEnrollment in an extended DUI education program
- Severe penalties, including extended jail timeLonger license suspension periodPossible classification as a felony offense
- Involves accidents resulting in injury or deathFelony charges with significant fines and potential imprisonment
It’s crucial to understand that these penalties can have long-lasting consequences, affecting your personal and professional life. That’s why having a skilled DUI defense attorney like Peter Waite by your side is essential to navigating the legal complexities and safeguarding your rights.
Defending a DUI Accusation
When facing a DUI accusation, it’s natural to feel overwhelmed and uncertain about the next steps. However, with the right legal representation, you can mount a robust defense to challenge the charges against you. Here are some strategies commonly employed in DUI defense cases:
- Challenging the Stop: Your attorney may argue that law enforcement lacked probable cause to pull you over, thereby challenging the legality of the traffic stop.
- Questioning Field Sobriety Tests: Field sobriety tests are subjective and prone to error. Your lawyer can question the validity of these tests, highlighting factors such as poor weather conditions or physical impairments that may have affected your performance.
- Disputing BAC Results: Your attorney may challenge the accuracy of breathalyzer or blood test results, citing potential errors in testing procedures or equipment calibration.
- Demonstrating Rising BAC: It’s possible to argue that your BAC was below the legal limit at the time of driving but rose above the threshold during the absorption phase, which can occur after the vehicle has been stopped.
- Negotiating Plea Bargains: In some cases, it may be beneficial to negotiate a plea bargain with prosecutors to reduce charges or minimize penalties.
As your dedicated legal advocate, Peter Waite will meticulously review the details of your case, craft a tailored defense strategy, and vigorously advocate for your rights both inside and outside the courtroom.
Contact Waite Law Firm Today
If you’re facing DUI charges in San Jose, CA, don’t navigate the legal process alone. Trust the experienced team at Waite Law Firm to provide you with the knowledgeable guidance and unwavering support you need during this challenging time. Contact us today at (669) 221-3430 to schedule a consultation and take the first step towards protecting your future.
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