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Legal Consequences of DWI and DUI Violation According to San Jose DMV

The San Jose DMV has strict regulations in place for DWI and DUI offenders. It has laid down many strictures for these cases. One needs to have a careful grasp of the law in order to avoid falling foul of it. The legal consequences of drinking and driving are severe indeed. This is because the seriousness of legal statutes may act as a deterrent for offenders.

Careful knowledge of legal strictures is therefore a must. San Jose has a strict policy in place for such offenders like the rest of California. This has also been influenced to a large extent due to the poor condition of roads in California and growing number of accidents each year. Some measures to rein in violations are absolutely necessary.

Previously DWI or DUI offences were taken care of just like the processes in place to check regular violations of traffic rules. However, attitudes have changed and now they are regarded as a serious criminal offence.

affordableSanJoseCarInsuranceConviction for such offences depends mostly on the percentage amount detected in the blood of a possible offender. If this comes up to 0.08 or even higher, drivers are in for serious punishments and could be the possible end to his driving odyssey.

Convictions are often done on the basis of failed tests for sobriety conducted on the spot by authorized officers. For those above the age of twenty one and commercial drivers, the limit for blood alcohol is even lower making it easier to get caught and have your license suspended.

There is a subtle difference between the terms DUI and DWI.

Both these terms indicate the very serious act of driving or operating any motor vehicle or four wheels while under the influence of alcohol or other intoxicating substances. Both these terms are used interchangeably in most states. The term DUI means driving under the influence or driving under the influence of alcohol or substances. DWI, which is often regarded as the more serious offence of the two, stands for driving while intoxicated which is regarded as an established fact.

Lower blood alcohol limits usually lead to a DUI charge being imposed upon an offender while higher limits usually lead to being convicted under a DWI offence which often carries stricter punishments. Both cases are serious criminal offences and charges for the same are equally severe. They usually include a host of punishments as given below:

Hefty fines crossing several thousands of dollars for damages and other compensation

A long probation period during which most of your driving privileges will stand restricted

A temporary seizure of your precious vehicle by the San jose DMV authorities

The driving license stands suspended and can even be revoked, depending upon the nature of the offence which has been committed

There could even be possible time spent in jail which is a dangerous blur on your social, professional and personal graph

There are also compulsory community service programs that one has to take part in and non-participation in the same would result in even more convictions

There are also classes in the mode of rehabilitation which require the participant to complete programs dealing with substance abuse and its prevention. All these classes have to be undertaken at one’s own expense

All these punishments are seen to rise to a huge extent if such offences keep on occurring as repeat offenders are not tolerated to any extent by the San Jose DMV. This has a bearing on your auto insurance prospects as well. Regular instances of collision, damages and other violations anyway hamper the receipt of good insurance plans. Severe incidents involving DUI or DWI convictions will shoot up the cost of obtaining auto insurance and in many cases, prevent you from getting insurance companies to even consider providing you insurance and security for your vehicle.

The long-running criminal record will haunt you for a long time and the associated stigma will be too much to bear for any individual. There are also charges for felony that can be incurred through DWI or DUI convictions. This depends on the number of times you have been convicted. If you have been convicted under DWI or DUI violations for a multiple number of times, you stand the chance of being convicted under the category of felony.

This is a more serious charge and involves rigorous punishments. Felony comes in when another person is seriously injured owing to your drunk driving. If there is a death, conviction can be under vehicular homicide or manslaughter both which leads to long-running time spent in jail, under severe imprisonment.

There are however quite a few defenses against DWI or DUI charges that most criminal lawyers specializing in DWI or DUI use. These include challenging of the reasons that prompted the authorities to conduct a breath-analyzer test or sobriety check-up in the first place. The lawyer may also challenge the reason for stopping the car in traffic as well or try to prove that even though intoxicated, the person was driving normally.

Successful challenges can lead to a verdict of not guilty and spare you the humiliation of jail and other financial troubles. This depends a lot on luck and on the lawyer that you engage.

If you are haunted by the prospect of a life-long stigma regarding the criminal record you face, you may ask the court for expunging all such records. This is done sometimes if the offenders for DUI are first-timers. DWI usually does not see such leniency on the part of the court.

However, even if the court agrees to erase your criminal records from public registers, there will be very stiff conditions that you have to abide by.

Also, in most cases the courts and the police authorities will still have easy access to all criminal records even if they have been expunged. This does not therefore, get you off the hook but it does give you some semblance of mental peace.

Where you can take steps to redress such offences is by hiring a good criminal lawyer and one who has handled cases of DUI or DWI offences earlier. Your lawyer plays the leading role in your court proceedings and a dynamic challenge might well lead to huge relief for you.

Auto insurance plans are also affected as mentioned above, therefore it is always advisable to stay on the right side of the law and think twice before drinking and driving.

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