If this is your second or subsequent San Jose DUI offense then you could face serious consequences including mandatory jail sentencing, a year or longer in suspended driving privileges, an 18 month alcohol program and thousands of dollars worth of fines. There is a ten year washout period, meaning that if your prior DUI was more than ten years prior to the subsequent San Jose DUI offense then the subsequent offense will likely be charged as a first offense. Most people believe that it is only a seven year washout period but a new law went into effect in California changing the amount of time allowed between convictions.

If you plea to a reduction to a DUI or violation of vehicle code section 23103 per 23103.5 “Wet Reckless” then you can still be charged with a second or subsequent San Jose DUI. Unfortunately if the DMV was not set-aside following the prior arrest for a San Jose DUI then you will have to serve an extended suspension through the Department of Motor Vehicles.

California also has a three strike law which may come into effect if you have prior convictions. If you have one or more prior convictions and have received a subsequent San Jose DUI then you should consult a highly qualified San Jose DUI Defense Attorney. They will be able to determine if you should be concerned with the three-strikes law which could result in a 25 to life mandatory state prison sentence on a third offense felony.