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What is the Definition of a DUI in San Jose?

— March 23, 2023

According to DUI law, it is illegal for a driver to operate a vehicle when they are under the influence of alcohol, drugs, or a combination of the two.

According to California law, driving under the influence (DUI) is when drivers operate their vehicle while they are impaired by a substance. Their impairment must be severe enough to negatively impact their physical and mental capabilities. Drivers who are caught for DUI will have to go to court and suffer legal consequences. Lawyers can help individuals through the complex legal process, so they are not necessarily subjected to all of the legal consequences presented to them. San Jose DUI lawyers will fight to have the charges of the motorist reduced by collecting evidence and investigating the arrest process as well. Defendants should not have to try and manage their complications on their own. California DUI lawyers have the knowledge and experience required to minimize the penalties by as much as possible.

When drivers operate their vehicle while under the intoxication of alcohol, illegal drugs, or even a prescription drug, they can be charged with a DUI offense. It is a common mistake to believe that the drugs have to be illegally obtained for a DUI charge to be valid, but this is not the case. Even if the drugs were not illegally obtained, but they still intoxicated the individual they can face this charge. Motorists who have any concerns regarding their case should get in touch with DUI attorneys to learn more and benefit from their experience. 

According to DUI law, it is illegal for a driver to operate a vehicle when they are under the influence of alcohol, drugs, or a combination of the two. It is also illegal for them to operate their vehicle with a BAC of 0.08% or higher. Lastly, it is illegal for drivers to intentionally drive drunk or while they are impaired. Doing so puts everyone at risk and for this reason the penalties given by the court are severe. If there were other damages associated with the DUI, such as an accident or child endangerment then the charges will be increased accordingly.

Indirect Parental Influence of Alcohol is Concerning
Photo by Mahrael Boutros from Pexels

DUI accident lawyers can help a person fight for their rights to be respected and they may even be able to have ones charges reduced based on the evidence available to them at the time.

Consequences of a Commercial Driver DUI in San Jose, California

Noncommercial drivers have a BAC limit of 0.08. Commercial drivers, on the other hand, have a much lower limit. If a commercial driver is found to have a BAC of 0.04 or higher then they are violating the law. The reason commercial drivers are given a stricter limit is because of the extra effort and skill it takes to operate a large truck, and also because of how much damage can result if such a driver gets into a collision. The legal consequences for commercial drivers who drive while intoxicated are also more serious due to the higher damages and losses associated with such scenarios. 

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