Criminal Defense Lawyers

San Jose DUI Attorney

San Jose DUI Attorney: Your Best Defense Against DUI Charges

Have you recently been arrested for driving under the influence (DUI) in San Jose? If so, you’re likely feeling stressed, overwhelmed, and unsure of what to do next. A DUI conviction can have serious consequences, including fines, license suspension, and even jail time. But don’t lose hope – with the help of an experienced San Jose DUI attorney, you may be able to fight the charges and protect your future.At Spodek Law Group, we understand how frightening and confusing a DUI arrest can be. Our skilled DUI defense lawyers have decades of experience representing clients just like you in San Jose and throughout California. We know the local courts, prosecutors, and DUI laws inside and out. Most importantly, we know how to build strong defenses and achieve the best possible outcomes for our clients.In this comprehensive guide, we’ll walk you through everything you need to know about DUI charges in San Jose and how our attorneys can help. We’ll cover the potential penalties you’re facing, common defenses we use, what to expect from the legal process, and why having an experienced lawyer on your side is so critical.Let’s dive in and explore how we can protect your rights and fight for your future after a San Jose DUI arrest.

Understanding DUI Laws and Penalties in San Jose

Before we get into defense strategies, it’s important to understand exactly what you’re up against with a DUI charge in San Jose. California has some of the strictest DUI laws in the nation, and the penalties can be severe – even for first-time offenders.

What Constitutes a DUI in California?

In California, you can be charged with DUI if you drive:

• With a blood alcohol concentration (BAC) of 0.08% or higher
• Under the influence of alcohol
• Under the influence of drugs (including prescription medications)
• Under the combined influence of alcohol and drugs

It’s important to note that you can be charged with DUI even if your BAC is below 0.08% if the officer believes your driving was impaired. Additionally, commercial drivers and drivers under 21 face even stricter BAC limits.

Potential Penalties for a San Jose DUI Conviction

The exact penalties you face will depend on factors like your BAC level, whether you have prior offenses, and if there were any aggravating circumstances. However, here’s an overview of potential penalties for a first-time DUI offense in San Jose:

• Up to 6 months in county jail
• Fines and penalty assessments totaling $1,500-$2,000
• License suspension for 6-10 months
• Mandatory DUI school (3-9 months)
• 3-5 years of informal probation
• Installation of an ignition interlock device

Penalties increase significantly for subsequent offenses or if there are aggravating factors like excessive speed, having a minor in the car, or causing an accident. You could face felony charges for a fourth offense or if you injured someone while driving under the influence.

Administrative Penalties from the DMV

In addition to criminal penalties, you also face administrative action from the California DMV after a DUI arrest. The DMV will automatically suspend your license unless you request a hearing within 10 days of your arrest. This suspension is separate from any criminal penalties and can occur even if you’re not convicted in court.As you can see, the stakes are incredibly high when it comes to DUI charges in San Jose. That’s why having an experienced DUI defense attorney in your corner is absolutely critical. At Spodek Law Group, we have an in-depth understanding of California DUI laws and how to navigate both the criminal and administrative proceedings you’re facing. We’ll fight tirelessly to protect your rights and achieve the best possible outcome in your case.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

How Our San Jose DUI Attorneys Can Help You

When you’re facing DUI charges, you need more than just any lawyer – you need a skilled DUI defense attorney with specific experience handling cases like yours in San Jose. At Spodek Law Group, our legal team has decades of combined experience defending clients against DUI charges throughout California. We know the local courts, prosecutors, and judges, and we know how to build strong defenses tailored to your unique situation.Here are just a few of the ways our San Jose DUI lawyers can help with your case:

Thorough Case Investigation

One of the first things we’ll do is conduct a comprehensive investigation into your arrest. We’ll carefully review the police report, analyze any chemical test results, and look for any procedural errors or violations of your rights. Our goal is to identify every possible weakness in the prosecution’s case against you.Some key areas we investigate include:

• Whether the initial traffic stop was legal
• If field sobriety tests were administered properly
• The accuracy and maintenance records of any breath or blood testing equipment
• Whether your Miranda rights were read at the appropriate time
• If you were properly observed before a breath test
• Whether blood samples were properly collected, stored, and tested

By thoroughly examining every aspect of your case, we can often find grounds to challenge evidence or even get charges reduced or dismissed entirely.

Aggressive Defense Strategies

Based on our investigation, we’ll develop a strong, tailored defense strategy for your case. Some common defenses we may employ include:

• Challenging the legality of the traffic stop or arrest
• Disputing the accuracy of chemical test results
• Arguing that your driving wasn’t actually impaired
• Showing that field sobriety tests were improperly administered
• Demonstrating that your BAC was rising (meaning you weren’t over the limit while driving)
• Presenting evidence of medical conditions that could affect test results

We’ll explore every possible avenue to cast doubt on the prosecution’s case and fight for the best outcome for you.

Skillful Negotiation with Prosecutors

In many cases, we’re able to negotiate with prosecutors to have charges reduced or even dismissed before going to trial. Our attorneys have excellent relationships with local prosecutors and know how to effectively argue for leniency or alternative sentencing options. We may be able to get your charges reduced to a lesser offense like “wet reckless” or negotiate for minimal penalties.

DMV Hearing Representation

Remember, you only have 10 days after your arrest to request a DMV hearing to fight your license suspension. Our attorneys can handle this process for you, arguing against the suspension and working to protect your driving privileges. We understand the nuances of DMV hearings and how to present the strongest case on your behalf.

Experienced Trial Representation

While we’re often able to resolve cases favorably before trial, we’re always prepared to fight for you in court if necessary. Our skilled litigators have extensive trial experience and know how to effectively present your case to a judge and jury. We’ll work tirelessly to challenge the prosecution’s evidence and arguments and fight for an acquittal.

Guidance Through Alternative Sentencing Options

If conviction can’t be avoided, we’ll advocate for alternative sentencing options that minimize the impact on your life. This may include options like:

• House arrest instead of jail time
• Work furlough programs
• Community service
• Alcohol education and treatment programs

Our goal is always to achieve an outcome that allows you to move forward with your life as smoothly as possible.

Ongoing Support and Counsel

We know a DUI arrest is a stressful, confusing time. That’s why we provide compassionate support and clear communication throughout the entire process. We’ll keep you informed about the status of your case, explain your options in plain English, and be available to answer your questions every step of the way.With Spodek Law Group on your side, you can rest assured that you have a dedicated team fighting to protect your rights and your future. We have the experience, skills, and resources to handle even the most complex DUI cases in San Jose. Don’t face these serious charges alone – let us put our expertise to work for you.

The DUI Legal Process in San Jose: What to Expect

Understanding the legal process you’re facing can help ease some of the stress and uncertainty after a DUI arrest. While every case is unique, here’s a general overview of what you can expect:

1. Arrest and Booking

After being pulled over and arrested for suspicion of DUI, you’ll be taken to the police station for booking. This involves fingerprinting, photographs, and gathering your personal information. You may be released on your own recognizance or required to post bail.

2. DMV Hearing Request

You have just 10 days from your arrest to request a DMV hearing to contest your license suspension. This is separate from your criminal case and is critical for protecting your driving privileges. Our attorneys can handle this process for you.

3. Arraignment

This is your first court appearance, where you’ll be formally charged and enter a plea (typically not guilty at this stage). We’ll be there to represent you and may be able to negotiate for reduced charges or bail reduction.

4. Pre-Trial Proceedings

This phase involves evidence discovery, filing of motions, and negotiations with the prosecutor. We’ll thoroughly investigate your case, challenge evidence, and work to get charges reduced or dismissed if possible.

5. Trial

If a favorable plea agreement can’t be reached, your case will go to trial. We’ll present your defense, cross-examine witnesses, and argue for your acquittal before a judge or jury.

6. Sentencing

If convicted, you’ll be sentenced by the judge. We’ll advocate for the most lenient sentence possible, potentially including alternative sentencing options.

7. Post-Conviction

Even after conviction, we may be able to help with issues like early termination of probation or expungement of your record down the road.Throughout this entire process, our San Jose DUI attorneys will be by your side, guiding you through each step and fighting for the best possible outcome. We understand how overwhelming the legal system can be, especially when your future is on the line. That’s why we’re committed to providing clear communication, compassionate support, and aggressive advocacy at every stage of your case.

Why Choose Spodek Law Group for Your San Jose DUI Defense

When you’re facing DUI charges in San Jose, choosing the right attorney can make all the difference in the outcome of your case. At Spodek Law Group, we believe we offer the ideal combination of experience, skill, and dedication to achieve the best possible results for our clients.Here’s why so many people trust us with their DUI defense:

Decades of Combined Experience

Our legal team has been defending clients against DUI charges for decades. We’ve handled thousands of cases and have an intimate understanding of California DUI laws, local court procedures, and effective defense strategies.

Specialized DUI Defense Knowledge

DUI law is complex and constantly evolving. Our attorneys focus specifically on DUI defense, staying up-to-date on the latest laws, scientific developments, and defense techniques. This specialized knowledge allows us to build the strongest possible defenses for our clients.

Track Record of Success

We have a proven track record of achieving favorable outcomes for our clients, including charge dismissals, acquittals, and charge reductions. While past results don’t guarantee future outcomes, our experience speaks for itself.

Aggressive, Strategic Approach

We take an aggressive approach to DUI defense, leaving no stone unturned in our investigation and challenging every aspect of the prosecution’s case. At the same time, we develop strategic, tailored defense plans for each client based on the unique circumstances of their case.

Compassionate, Client-Focused Service

We understand how stressful and frightening a DUI charge can be. That’s why we provide personalized attention and support to each client, keeping you informed and involved throughout the process. We’re always available to answer your questions and address your concerns.

Respected Reputation

Our firm has earned a respected reputation among judges, prosecutors, and peers in the San Jose legal community. This can be invaluable when negotiating plea deals or arguing your case in court.

Comprehensive DUI Defense Services

We handle every aspect of your DUI case, from the DMV hearing to plea negotiations to trial representation if necessary. You can count on us to be there every step of the way.

Free Initial Consultation

We offer a free, no-obligation consultation to discuss your case and explain how we can help. This allows you to get to know us and make an informed decision about your legal representation.When you choose Spodek Law Group for your San Jose DUI defense, you’re choosing a team that will fight tirelessly to protect your rights, your freedom, and your future. We have the skills, resources, and dedication to achieve the best possible outcome in your case.

Don’t Face DUI Charges Alone – Contact Us Today

If you’ve been arrested for DUI in San Jose, time is of the essence. The sooner you have an experienced DUI defense attorney on your side, the better your chances of a favorable outcome. At Spodek Law Group, we’re ready to start fighting for you immediately.Remember, you have just 10 days from your arrest to request a DMV hearing to protect your license. And every day that passes is a day the prosecution has to build their case against you. Don’t wait – contact us today to schedule your free consultation.During your consultation, we’ll:

• Review the details of your case
• Explain your legal options
• Discuss potential defense strategies
• Answer all your questions
• Outline our approach to handling your case

There’s no obligation, and everything we discuss is completely confidential. This is your chance to get expert legal advice and determine if we’re the right fit for your defense.Remember, a DUI conviction can have serious, long-lasting consequences on your life. Don’t risk your future by trying to handle this alone or with an inexperienced attorney. Let the skilled San Jose DUI lawyers at Spodek Law Group put our expertise to work for you.Call us now at 212-300-5196 or contact us online to schedule your free consultation. We’re available 24/7 to take your call and start building your defense. With Spodek Law Group on your side, you can face your DUI charges with confidence, knowing you have a dedicated team fighting for the best possible outcome.Don’t let a DUI arrest derail your life – contact Spodek Law Group today and let us help you protect your future.