Driving Under the Influence
Californians use the term “DUI” as an acronym for the crime driving under the influence of intoxicant(s). Intoxicants can be a variety of things including alcohol, drugs, and a combination of the two things. The term “drugs” includes both legal and illegal drugs. It mainly applies to legal drugs that are given by prescription and impair an individual’s ability to drive.
A felony DUI charge is generally given when the drunk driving incident involves a penalty enhancement. A penalty enhancement includes causing bodily injury to another, a prior felony conviction, refusal to submit to a chemical test, or other aggravating circumstances. The punishment for a felony DUI conviction could amount to a sentence of several years in a state prison.
Any good criminal defense lawyer knows that a DUI case is really two cases. The first one takes place in a criminal court room and is more a fight to keep an individual’s record clean. The second one involves the California Department of Motor Vehicles (DMV). This case is one to prevent automatic suspension of an individual’s driver’s license.
There are now a number of ways in which a DUI arrest can start. Motorists on freeways are now being given numbers via electronic boards urging them to report suspicious drivers on the freeways. There are also sobriety checkpoints in place. These are road blocks where drivers are stopped and asked if they have been drinking. Another common source is a car accident where the police are summoned. The final way of an arrest occurring is via the traditional method of a police officer stopping a car it suspects of having an impaired driver.
If you or someone you know has been charged with a felony DUI, contact the San Jose DUI defense lawyers of the Law Office of Daniel Jensen, P.C. at (408) 296-4100. Their experienced team will help you fight both of your DUI cases.