SAN JOSE DUI Defense

An experienced San Jose DUI Defense Attorney will know that there are a variety of defenses to present in your case.  If there are favorable issues in your San Jose DUI case, for instance lack of probable cause in the arrest or a low Blood Alcohol Content.  For the DMV hearing and court trial it may be necessary to hire an expert toxicologist to refute the charge that your Blood Alcohol Content at the time of driving was .08%.  This is known as a rising defense.  The theory behind the rising defense is that alcohol does not immediately impair a person, it takes a certain amount of time to effect a persons ability to drive and raise the blood alcohol ratio.  If it can be proved that you were under .08% BAC at the time of driving in a San Jose DUI then the DMV will set-aside the automatic suspension following the arrest.  You may still face consequences through the criminal process, even if the DMV suspension is set-aside.