Law Office of Maureen Baldwin
255 N. Market Suite 170
San Jose, CA 95110

(408) 279-4450

 
Criminal Defense Attorney

About Us

What's New

FAQ'S

Defendants Testimonials

Contact Us

Practice Areas

Assault

Burglaries

Domestic Violence

Drug Charges

DUI Drunk Driving

Felony

Identity Theft

Internet Crimes

Misdemeanors

Record Clearance

Registration Violation

Sexual Offenses

Theft and Fraud

Three Strikes Cases

White Collar Crimes

Juvenile Offenses

Original Articles

What happens in court an how long will my case take?

Is my case too old to be prosecuted?

San Jose Criminal Defense Attorney

Right to Legal Counsel

Mistaken Eyewitness Identification

Quick Contact form

Drunk Driving DUI Criminal Defense

 

Drunk Driving: I can help you assess your drunk driving case in both the DMV and the court components. California has two separate procedures for DUI cases. You can have your court case dismissed or never filed on by the prosecutor and still have a separate battle with the DMV to keep your drivers’ license. When someone is arrested for driving under the influence, their license automatically gets suspended in 30 days time unless you request a DMV hearing within 10 days of the arrest.

 

DUI cases are not popular cases to try to a jury because so many people know someone injured by some combination of alcohol and automobiles. In addition, the blood and breath testing make it hard to rebut the presumption that a person is under the influence if there is .08% alcohol in their blood. Generally a case will not be filed if the results show less than that amount. I have been successful in getting dismissals and reductions when there is a secondary issue, such as whether the driver drank before or after the time he/she was driving, or in cases where someone pulls off onto the shoulder of the highway and is awakened by an officer arresting him/her for drunk driving.

 

I can also help you at the DMV hearing where the issues are more narrow.

 

For more information on DUI charges and defense please contact us today

Copyright 2007 San Jose Criminal Law Office, All rights reserved

Legal Web Design