Criminal Charges

Criminal Matters Associated with a DUI Arrest

Criminal matters associated with DUI charges are serious. A first time DUI arrest can result in a year in jail and heavy fines. At the Law Offices of Donald M. Kelly, our attorneys have extensive experience representing people charged with driving under the influence in San Jose and Santa Cruz. Our attorneys will help you drive the DUI process; so the process doesn't drive you.

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San Jose 408-298-2800 • Santa Cruz 831-429-1009

With the right DUI defense lawyer, being arrested and being charged with a DUI is not equivalent to being convicted. Our attorneys take every opportunity to challenge the initial stop and to question and impeach the arresting officer. The administrative license hearing usually gives us the first opportunity. We are committed to helping protect our clients from the harshest penalties associated with a DUI.

• First DUI Offense - There is a mandatory 48 hours of jail time, with the possibility of up to 6 months; 3 to 5 years of unsupervised probation; and a fine of $390 to $1,000.
• Second DUI Offense - There is a requirement of 96 hours of jail time, with the possibility of up to one year; 3 to 5 years of unsupervised probation; and a fine of $390 to $1,000.
• Third DUI Offense - There is a requirement of 120 days in jail, with the possibility of up to one year; 3 to 5 years of either formal or unsupervised probation; and a fine of $390 to $1,000.
• Fourth and Subsequent DUI Offense - These can be charged as felony drunk driving. The court can impose jail sentence ranging from 180 days in a county jail to 3 years in state prison. In addition, they can result is the permanent revocation of Driving privileges.

While these are standard criminal sanctions for a DUI / DWI convictions, there are situations where DUI penalties can be enhanced, including high blood-alcohol concentration, excessive speed, having a child under 14 years of age in the car, or a DUI causing injury or death.

Contact our DUI Defense Lawyers

Contact the Law Offices of Donald M. Kelly and we will immediately begin helping you minimize DUI penalties. You can reach us San Jose at 408-298-2800 or in Santa Cruz at 831-429-1009. We can also be contacted by filling out the confidential intake form on our Contact Us page.