Best DUI Lawyers in Milpitas, CA

FAQs

• What is the non-emergency contact number for the local police station in Milpitas, California?

  Non-emergency police concerns in Milpitas are answered at (408) 263-1212.

• Where can I get a copy of police reports for incidents related to my case in Milpitas, California?

  The records of the police in Milpitas are kept at 1275 N. Milpitas Blvd, Milpitas, CA 95035. The phone line is (408) 586-2400.

• Is it still advisable for a DUI suspect in Milpitas to retain legal counsel if a conviction is manifestly inevitable?

  Yes, it is still advisable for a DUI suspect in Milpitas to consult with an attorney, even if a conviction is a foregone conclusion. A lawyer is helpful for negotiating penalties that are less severe. The length of a license suspension could be shortened, as could the duration of required classes.

• How much alcohol can drivers in Milpitas have in their system before being charged with DUI?

  In Milpitas, a normal driver can have a blood alcohol concentration of 0.08% before being considered drunk. The limit is reduced to 0.04% if the individual is operating a commercial vehicle, as the law generally requires greater vigilance from commercial carriers. If the accused is a minor younger than 21 years old, a concentration of 0.01% is sufficient for a charge.

• What are the rights of individuals stopped by the police in Milpitas for DUI?

  People in Milpitas who are stopped by the police should know that they have the right to remain silent. Those over the age of 21 can decline a breathalyzer at the scene of the initial stop, but will be required to provide a sample if they are subsequently taken into custody. The accused has the right to request legal representation.

• Can a person convicted of a DUI in Milpitas apply for reinstatement of a driver's license without having insurance?

  No, persons in Milpitas who have been convicted of a DUI should obtain minimum liability insurance coverage before the reinstatement of their driver's licenses. The Department of Motor Vehicles will ask for proof of coverage called an SR-22 before restoring the motor vehicle privileges of anyone who has a drunk driving record.

• How many repeat DUIs can an accused person in Milpitas face in this latest case if the incidents occurred in 2010, 2011, and 2023?

  In this most recent drunk driving case, the defendant in Milpitas may only face a single DUI charge. Repeat offenses must occur within a ten-year period, and in this case, 12 years have passed between the second and third charges. The suspect in this case should have clearly been considered a repeat offender for the 2011 prosecution, but the third is too far removed and completely separate.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.