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San Jose DMV Laws for Accidents Caused by DUI and DWI

The San Jose DMV convicts offenders who cause accidents or injuries under the influence alcohol under DWI and DUI regulations. This is different from routine traffic stops for checking blood alcohol content. That itself gives rise to severe penalties but actual damages which are caused, are dealt with more harshly. Therefore, the entire process in case of accidents and subsequent injuries caused is different in itself.

The normal penalty for a DUI offence when blood alcohol content goes to the specified limit gets big if there is a serious accident or any physical damages caused to others. It is however much harder to establish proof of accidents and slap higher charges on offenders. This is because officers who take you into custody for causing an accident might have to establish the fact that your BAC or blood alcohol count was higher than 0.08.

It is hard to prove in spite of being intoxicated, the intoxicated state caused the accident or whether it happened due to normal traffic violations, unavoidable circumstances or routine causes. A breath or a blood test can be taken to substantiate the claim for an accident charge but it is not the be-all and end-all of obtaining proof.

What matters is the number of times you have been convicted under a DUI offence. If it is the first time, penalties can be a little less severe as compared when you are convicted after multiple offences in the past. Multiple DUI offences are matter of serious concern as sometimes you might well be convicted under harsher charges even if your previous DUI offences did not cause any serious hurt or accidents.  Therefore, those who repeat offences never have it so easy when it comes to the rules of the San Jose DMV.

Car insurance organizations also leave you in the lurch with high and unaffordable premiums if you are convicted of multiple DUI offences and have caused car damages any number of times or even just once. Both protection of your car with insurance and your own driving journey will be out of reach in these circumstances.

Punishments are very harsh ranging from felony, misdemeanor, sentencing to jail for longer periods or short period imprisonment terms. Fines are hefty and driving licenses are suspended from anything between a few months and a few years depending on the specific nature of the charge. Compulsory completion of driving safety classes is also imposed upon offenders.

There are particular rights for those who are injured on your account and this is something you have to comply with. This includes paying out a certain sum of money as compensation to the victims’ family and also, the victim and his/her relatives and family members are allowed to attend your court conviction and even speak at the hearing. This makes it a tougher task to get away with an accident caused through DUI or DWI. Consulting a good legal agent would help to see if some charges can be lessened a little.

However, it is always a good idea not to drink and drive. An accident and DUI if combined is a serious cocktail leading to huge financial, social and professional losses both in terms of standing and in terms of self esteem.


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