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Michael Berg

Michael Berg, Certified Specialist in Criminal Law


San Jose DUI - Challenging Breath Test Results:

In a typical DUI case, the arresting officer will order you to submit to a breath test. A blood alcohol concentration level (BAC) of .08 or greater will result in a charge of DUI. However, the device that measures the alcohol level in the breath, the breathalyzer, does not always result in accurate readings. Additionally, there are common medical conditions that will result in inaccurate breath test results. These conditions include:

  • Acid reflux
  • GIRD – gastrointestinal reflux disease
  • Heartburn
  • Belching
  • Regurgitation

Your San Jose DUI attorney can challenge the breath test results. A successful challenge may result in a complete dismissal of the charges. If you were arrested for driving under the influence of alcohol or drugs in San Jose or in the surrounding areas, obtain the best legal defense possible to avoid possible jail or prison, fines, driver's license suspension, expensive insurance hikes, and more. Call us now for a free consultation. We can help you.

San Jose DUI – Cues That Alert Police to DUI:

There are numerous indicators that police look for to determine if a driver is potentially under the influence of alcohol or drugs. According to the National Highway Traffic Safety Administration, police are trained to spot drivers who exhibit behaviors that fall into the following four categories:

  • Problems in maintaining proper lane position
  • Speed and braking problems
  • Vigilance problems
  • Judgment problems

According to the NHTSA, if a driver is observed weaving into other lanes, there is a DUI probability of more than 50 percent. If there is a combination of weaving and another cue such as speeding, the probability increases to at least 65 percent. Cues in speed and braking include:

  • Stopping problems (inaccurate distances or jerky)
  • Acceleration or deceleration without reason
  • Variation in speed
  • Driving too slow – 10 mph or more under the speed limit

If you were arrested for DUI in San Jose, Santa Clara County, or in the surrounding areas, call our office for a free consultation.  An arrest is not a conviction – and your chances of a dismissal or reduced charges improve greatly when you are properly represented by an experienced DUI lawyer.

San Jose DUI – Additional Cues That Alert Police to DUI:

According to the NHTSA, in a publication entitled The Visual Detection of DWI Motorists, there are numerous observable driving cues that suggest the possibility of an intoxicated driver. The police and other peace officers are trained to spot these cues. If you are observed to exhibit any of the following driving behaviors (quoted from the publication), it is possible or likely that you will be pulled over, questioned, tested and arrested for DUI. Judgment problems include:

  • Following too closely
  • Improper or unsafe lane change
  • Illegal or improper turn (too fast, jerky, sharp, etc.)
  • Driving on other than the designated roadway
  • Stopping inappropriately in response to officer
  • Inappropriate or unusual behavior (throwing, arguing, etc.)
  • Appearing to be impaired

Once you are pulled over for any of these reasons, you will be subjected to roadside sobriety tests, observation and questioning. You may be required to give a blood or urine sample in addition to or instead of a breath test. You are likely to end up in jail if your blood alcohol content level is 0.08 or greater. Other consequences could include:

  • Driver's license suspension in court
  • DMV hearing/administrative driver's license suspension
  • Jail
  • Fines and court costs
  • Probation

You are facing an extreme situation and the best way to handle it is to obtain the experienced legal representation of a San Jose DUI attorney. There are a multitude of legal issues that must be addressed; in some instances the case may be tainted and is subject to dismissal – but the correct motions must be made. You simply are not aware of the intricacies of the specific laws or the legal procedures that pertain to your case. By obtaining the legal representation of a San Jose criminal defense attorney with experience and knowledge in DUI you will be properly defended and in the right hands. Call us now for a free consultation.

San Jose DUI - What You Must Do Within Ten Days:

In California, you must file a request with the DMV within ten days of your DUI or you will lose the right to challenge your driver's license suspension. The DMV hearing is separate from your court hearing.

  • The DMV hearing is an administrative proceeding.
  • In the DMV hearing, you driving privileges may be suspended or revoked.
  • The circumstances of your arrest are addressed in the DMV hearing, not your innocence or guilt.

In the DMV administrative hearing, if you took a blood, breath or urine test, the issue of "reasonable cause" as to the arrest will be discussed, as well as:

  • Whether the arrest was lawful
  • Whether you were driving with a BAC level of .08% or more

If you refused to submit to a blood, alcohol or urine test:

  • Whether you were told that your license would be suspended for one year or revoked for two or three years

These and other issues are obviously of great importance and if you do not file the request in a timely manner, you forfeit your rights. Although you are not required to attend the DMV hearing, it is obviously to your advantage to go and to have a qualified and experienced San Jose DUI attorney with you at this hearing. Call our office now to see how we can be of assistance to you. The initial consultation is free.

San Jose, Santa Clara County Resources:

  • California Department of Motor Vehicles:
  • Adult Probation Office: (408) 435-2100
  • The Superior Court of California, County of Santa Clara,
  • Santa Clara Downtown Superior Court (DTS), 191 N. First St., San Jose CA 95113, (408) 882-2120
  • Criminal Cases: Hall of Justice, 190-200 West Hedding Street, San Jose, CA 95110, (408) 808-6600
  • The Superior Court of California, County of Santa Clara, Main Hall of Justice Phone Number: (408) 808-6600
  • The Superior Court of California, County of Santa Clara, Mailing Address: 191 N. First Street, San Jose, CA 95113
  • California Courts, Judicial Branch Home,
  • U.S. District Court, Northern District of California,
  • Office of the District Attorney, Santa Clara County, 70 West Hedding Street, West Wing, San Jose, CA 95110,
  • Office of the District Attorney, Santa Clara County, (408) 299-7400,
  • Office of the District Attorney, Santa Clara County, email,
  • National Domestic Violence Hotline: (800) 799-7233
  • United States Attorney, Northern District of California, 150 Almaden Blvd., Suite 900, San Jose, CA 95113
  • Department of Alcohol and Drug Services: (408) 792-5651
  • Assessment Center: (408) 468-1870

San Jose DUI:

If you were arrested for DUI in San Jose, whenever possible your DUI lawyer will always strive to have the charges dismissed. Sometimes, however, the prosecutor may be unwilling or even unable to drop the charges. But he may agree to a plea bargain that can be advantageous to you.