A San Jose DWI lawyer will be the person you need to call if you have been arrested for drunk driving. If you failed the field sobriety test and are taken to the station and then fail the breath test or the blood or urine test then you will be charged with the offense.
If you fail the test according to the judgment of officer who gives the test you will be taken into custody and your vehicle will be impounded. You will be taken to the police station where you will be tested for the alcohol content in your body. The legal limit of alcohol in your body is 0.08 percent.
This does not mean you are actually safe to drive at any level of alcohol but there has to be a legal limit set. It is unclear how much alcohol affects a particular person. But the bottom line is that to drink and drive is an irresponsible act. The person drinking and then driving can injure himself and others and also kill on the road.
The public has made such a complaint that the laws affecting the drunk driver suspect are very strict. In many cases he or she will not have the rights others do in other criminal proceedings.
This is not to say that a person who is actually guilty of the offense should escape punishment but people are still innocent until proven guilty even those who are suspected of driving while under the influence. If you are pulled over and you do not agree to the field sobriety test you are subject to arrest.
This does not mean you are arrested for drunk driving but for refusing to take the test. You will be taken to the station where you will be tested for your level of alcohol. If your level is high enough you will be arrested for driving under the influence. If you are not high enough you will be released.
If you are facing DUI charges in San Jose, you need to discuss your options with an experienced San Jose DUI attorney.