Charged with a DUI Accident in San Jose, California – What happens?

Posted on: April 2nd, 2025 by Bay Area DUI Law

Charged with a DUI Accident in San Jose, California – What happens?

Facing a DUI accident charge in San Jose, California, can be overwhelming. The legal consequences, potential penalties, and emotional toll can significantly impact your life. Whether this is your first offense or you have prior convictions, navigating the legal system is complex, and having experienced legal representation is crucial.

At Law Office of Mark Blair | Bay Area DUI Law, we understand how stressful a DUI accident charge can be. Attorney Mark Blair has extensive experience defending clients in DUI cases, ensuring their rights are protected and providing a strategic defense tailored to their situation. If you or a loved one has been charged with a DUI after an accident, we are here to help you fight for the best possible outcome.

Immediate Consequences of a DUI Accident

When involved in a DUI accident, law enforcement will respond immediately to assess the situation. Officers will likely conduct field sobriety tests and breath or blood tests to determine your blood alcohol concentration (BAC). If your BAC is above the legal limit of 0.08%, you will be arrested and charged with DUI. However, if injuries occurred, the charges could escalate to felony DUI, carrying harsher penalties.

Upon arrest, you will be booked at a local detention facility, where your fingerprints and photograph will be taken. You may be held until you post bail or attend a bail hearing. Additionally, the California Department of Motor Vehicles (DMV) will initiate a license suspension, which can take effect even before your criminal case is resolved. You have only 10 days to request a DMV hearing to challenge the suspension.

Legal Process Following a DUI Accident

A DUI case involves multiple legal steps, and each stage is critical in determining the final outcome of your case. Key steps include:

• Arraignment: You will be formally charged and required to enter a plea (guilty, not guilty, or no contest).
• Pretrial Hearings & Motions: Your attorney may challenge the validity of the evidence, such as the accuracy of BAC tests or any procedural violations during your arrest.
• Negotiations: Depending on the evidence, a skilled DUI attorney may negotiate for reduced charges or alternative sentencing options.
• Trial (if necessary): If a plea agreement is not reached, your case will proceed to trial, where your attorney will present a defense to challenge the prosecution’s case.

Having an experienced San Jose DUI defense attorney like Mark Blair can significantly improve your chances of achieving a favorable outcome in your case.

Potential Penalties for a DUI Accident

The penalties for a DUI accident in California vary depending on the severity of the case and whether it is a first-time or repeat offense. Possible consequences include:

• Fines & Court Fees: Ranging from $1,000 to $5,000+, depending on the case.
• License Suspension: From 6 months to several years, depending on prior offenses.
• Jail or Prison Time: Could be days, months, or even years if serious injuries or fatalities occurred.
• Probation: A period of 3-5 years where compliance with court-mandated conditions are required.
• DUI Education Programs: Mandatory alcohol or drug counseling and rehabilitation programs.

A felony DUI (typically involving injury or multiple prior DUI offenses) can result in severe penalties, including state prison time and a permanent criminal record.

How Attorney Mark Blair Can Help You

If you are charged with a DUI accident in San Jose, having a dedicated legal advocate is essential. Attorney Mark Blair has successfully defended clients in DUI cases throughout the Bay Area, using strategic defense tactics to protect their rights. He can help by:

• Challenging the Evidence: Examining police procedures, BAC test accuracy, and any constitutional violations.
• Negotiating for Reduced Charges: Working to reduce DUI charges to lesser offenses such as reckless driving.
• Representing You in DMV Hearings: Fighting to protect your driving privileges and prevent suspension.
• Advocating for Alternative Sentencing: Seeking rehabilitation programs instead of jail time when possible.
• Providing Aggressive Courtroom Defense: If your case goes to trial, Attorney Blair will fight for a dismissal or acquittal.

With 39 years of experience handling DUI cases, Mark Blair understands the complexities of California DUI law and is committed to achieving the best possible outcome for his clients

Take Action Now!   Protect Your Rights

A DUI accident charge is a serious legal matter, so do not face it alone. The sooner you seek legal representation, the better your chances of a successful defense. If you or a loved one has been arrested for a DUI accident in San Jose, contact Law Office of Mark Blair | Bay Area DUI Law today.

📞 Call (408) 295-4343 for a Free Consultation

Let Attorney Mark Blair fight for your freedom, your future, and your rights.