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DUI Defense

If you have been arrested for a DUI, Lipton Law Offices can help. Douglas R. Lipton is a highly successful attorney specializing in criminal defense and DUI cases. Call 408.377.1000 to speak with a San Jose DUI lawyer now.


Protect yourself from drunk driving charges with legal representation in Northern California. Douglas R. Lipton, principal attorney with Lipton Law Offices, has saved, time, money and liberty for hundreds of residents in the Silicon Valley.


Did you Know? An experienced San Jose DUI attorney can prove that the officers observations, and the chemical (breath & blood) tests are inaccurate.


Why should you hire a DUI LAWYER?
1. Save driving privileges
2. Reduce fines
3. Reduce charges
4. Avoid Jail or prison
5. Avoid public work service

How can an ATTORNEY help?
An experienced attorney can do many things to challenge and disprove the evidence against the accused.

Review the calibration and maintenance records of the machine. It is falsely believed that these machines are infallible. People forget that these machines are made of up of metal, plastic, and silicon. To believe that they always work, every time, is like believing your car will never break down. Machines don’t always work properly.

Send the blood sample to a private lab for a second opinion.

Find a technician to check whether the driver's blood alcohol concentration (BAC) was on the rise. If the BAC was not rising, the defense can justify that it was less than .08%, which California State Law considers acceptable.

Take a picture of the scene after the arrest, as it may aid you in proving that the ground surface was not level when the driver was undergoing the field coordination tests.

Cross-examine the arresting officer, checking to see if he/she made any mistakes or slips in details while taking evidence.


What can the LAWYER do?
The attorney can represent the driver in COURT and provide expert DUI defense. The goal should always be to get either a reduced charge in a plea bargain, or take the case to trial. Of course, the client always makes the final decision whether to accept the plea bargain or not.

The attorney can also represent the driver at the DMV. In California, a driver will suffer a period of suspension for at least thirty (30) days, and possibly more. Only an understanding of the law, and administrative procedure, will adequately defend the driver with the DMV.

DMV Consequences:
The DMV will withhold your driving privileges for a total of thirty(30) days minimum during which you cannot drive to work or for any other purpose. Hire a proficient lawyer who will fight your case before the DMV.


What you must do within ten (10) days of being arrested:

10. If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!

Do not schedule yourself for a DUI court date. If you contact DMV to schedule a date conflicting with your attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.

9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact a lawyer ASAP.

8. Maintain the ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE which is given when your license is taken.

7. DMV will enforce action on your driving privileges with or without the aforementioned paper.

6. Even if you maintain driving licenses from two states, you may lose driving privileges in both states whether or not you submitted both your licenses to the arresting officer.

5. THE DURATION OF THE TEMPORARY DRIVER LICENSE ENDORSEMENT is thirty (30) days beginning with the date of issue.  If you are asked to present yourself for a hearing at the DMV within a period of ten(10) days, the TEMPORARY DRIVER LICENSE ENDORSEMENT will be extended. Moreover, a stay (delay) for any suspension occurs until the result of your DMV hearing comes out.

If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY DRIVER LICENSE ENDORSEMENT will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.

4. By no means should the TEMPORARY DRIVER LICENSE ENDORSEMENT be confused as the day of court. Presenting before Court and the DMV are completely different and independent matters. The result of your DMV hearing will not affect the results of your criminal proceedings and vice-versa. If there are approximately thirty(30) days from your arrest date to your court date, this may just be a dangerous coincidence. It is usually months before your DMV hearing takes place.

3. On the back of the DMV paper are three (3) issues if you completed your DUI Chemical Tests. Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.

2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!

1. To save your driver's license and all of its privileges, and also to refrain from paying a re-issue fee and/or proof of insurance SR-22 filing, the DMV attorney needs to only knock out one (1) of the three (3) DMV issues.

DRIVING UNDER THE INFLUENCE (DUI)

The California State Law defines DUI as:

California Vehicle Code §23152 (a) — It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

California Vehicle Code §23152 (b) — It is unlawful for any person who has a 0.08 percent or more by weight of alcohol in his or her blood to drive a vehicle.

CALJIC 16.831 "UNDER THE INFLUENCE" — A person is under the influence of an alcoholic beverage, under the influence of a drug or under the combined influence of an alcoholic beverage and a drug when as a result of drinking such alcoholic beverage and using a drug, his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the cautious characteristics of a sober person of ordinary prudence under the same or similar circumstances.

If you are facing charges for DUI and need an expert San Jose attorney for defense, get in touch with Lipton Law Offices Now. Call us at 408.377.1000