Best DUI & DWI Lawyers in Shizuoka

About DUI & DWI Law in Shizuoka, Japan

Driving under the influence of alcohol or drugs is taken seriously across Japan, including Shizuoka Prefecture. Offences are governed primarily by the national Road Traffic Act and related criminal statutes, and are enforced by local police. A conviction or administrative finding can lead to criminal penalties, administrative license suspension or revocation, increased insurance costs, employment consequences, and mandatory rehabilitation or education programs. Procedures often include breath or blood testing, detention for investigation, and an administrative hearing at the relevant driver-s license office.

Why You May Need a Lawyer

Legal representation can be critical following a DUI or DWI stop in Shizuoka. Common situations in which people need a lawyer include:

- Arrest after a traffic stop or accident where alcohol or drugs were suspected.

- Refusal or dispute over breath or blood test results.

- Cases involving injury or death where criminal charges may be severe.

- Administrative procedures that threaten suspension or revocation of your driver s license.

- Complex factual disputes - for example, whether alcohol actually impaired driving ability, chain of custody for test samples, or errors in police procedure.

- Foreign residents who need help with translation, immigration consequences, or liaison with consular offices.

- First-time offenders seeking mitigation, plea negotiation, or alternative sentencing such as rehabilitation programs.

Local Laws Overview

Key points about how DUI and DWI are handled locally in Shizuoka include:

- National law applies: The Road Traffic Act and criminal statutes are applied by Shizuoka Prefectural Police. Local enforcement follows national standards, but administrative handling such as license procedures is managed at the prefectural level.

- Testing procedures: Police commonly use roadside breath tests and may require formal breathalyzer or blood tests at a station. Refusal to submit to lawful testing can itself lead to criminal or administrative consequences.

- Criminal and administrative tracks: A DUI matter can produce both criminal charges and administrative action against your driver s license. Even if criminal charges are reduced or dropped, administrative sanctions may still apply.

- Penalties vary by circumstances: Penalties depend on factors such as blood or breath alcohol levels, whether an accident occurred, whether injuries or fatalities resulted, and whether the offender has prior convictions. Consequences can range from fines and license suspension to imprisonment and long-term license revocation.

- Local administrative body: The driver s license center or the prefectural driver s license division handles hearings on administrative suspension or revocation. You may have a right to appear and present evidence at such proceedings.

Frequently Asked Questions

What counts as DUI or DWI in Japan?

DUI or DWI generally means operating a motor vehicle while under the influence of alcohol or drugs to the extent that driving ability is impaired. Japan s laws also set thresholds and procedures for breath and blood testing. Local police in Shizuoka enforce those rules under the national Road Traffic Act and related criminal statutes.

What immediate steps should I take at the scene or after being stopped?

Remain calm, be polite, and cooperate with lawful instructions. You have a right to legal counsel - request a lawyer as soon as possible. Avoid making voluntary statements that admit fault. If you are a foreign national, ask for an interpreter or consular assistance if needed.

Can I refuse a breath or blood test?

Refusal is risky. Police can treat refusal as a separate offense or use other evidence to support charges. Refusing a test may complicate your defense and can lead to administrative penalties. Speak to a lawyer immediately about the best course of action in your situation.

What penalties could I face in Shizuoka?

Penalties depend on the facts. Possible consequences include criminal fines, imprisonment, administrative suspension or revocation of your license, mandatory lectures or rehabilitation programs, and higher insurance premiums. Penalties are more severe if an accident caused injury or death, or if there are prior convictions.

How long can my driver s license be suspended or revoked?

Duration varies with the severity of the offence, test results, and prior history. Administrative action can range from temporary suspension to multi-year revocation or permanent loss in extreme cases. You will typically have an administrative process where you can present arguments or evidence, and legal counsel can assist at that stage.

Will a DUI arrest mean a criminal conviction?

An arrest does not automatically equal a conviction. Cases can be resolved in various ways - summary fines, diversion, plea agreements, acquittal, or conviction after trial. Legal representation can help challenge evidence, negotiate pleas, or pursue alternative outcomes.

What if someone was injured or killed?

Criminal exposure increases significantly if an accident caused injury or death. Charges can include negligent driving causing injury or death and carry much heavier penalties. Immediate legal representation is strongly recommended in such cases.

I am a foreign resident - will a DUI affect my immigration status?

A serious criminal conviction can affect immigration status, residency renewals, or visa applications. Contact your lawyer and your consulate or embassy as soon as possible. Immigration consequences depend on the severity of the offense and individual immigration status.

Can a lawyer get my charges reduced or help me keep my license?

Yes. A lawyer can review evidence, challenge testing procedures, present mitigating circumstances, negotiate with prosecutors, and represent you at administrative license hearings. While there are no guarantees, experienced counsel often improves the chances of a better outcome than proceeding unrepresented.

How long does the legal process usually take?

Duration varies widely. Some cases resolve in weeks through fines or administrative measures, while others involving criminal prosecution, complex evidence, or injuries can take months or longer to reach resolution. Administrative license hearings may follow or run in parallel with criminal proceedings.

Additional Resources

Helpful authorities and organizations to contact or consult include:

- Shizuoka Prefectural Police for information about the arrest, testing records, and incident reports.

- The local driver s license center or licensing division for administrative license procedures and hearing dates.

- The Ministry of Land, Infrastructure, Transport and Tourism - national oversight for driver licensing standards and administrative rules.

- Houterasu (Japanese legal aid service) or the Shizuoka Bar Association for information about legal aid and finding a qualified lawyer.

- Your country s consulate or embassy if you are a foreign national seeking consular assistance.

- Local addiction support and counseling services if alcohol or substance dependency is an issue - addressing treatment can be important both for recovery and as a mitigating factor in legal proceedings.

Next Steps

If you need legal assistance in Shizuoka for a DUI or DWI matter, follow these practical steps:

- Seek legal counsel immediately - ideally a lawyer experienced in traffic and criminal law in Shizuoka Prefecture.

- Preserve evidence - keep any records you have from the stop, medical reports, photos, witness contacts, and any documentation related to the incident.

- Attend all scheduled police, court, and administrative hearings. Missing appearances can worsen legal and administrative outcomes.

- If you are a foreign national, contact your consulate or embassy for support and ensure you have translation assistance if required.

- Be honest with your lawyer about all facts - full disclosure helps build the most effective defense and identify mitigation opportunities.

- Consider treatment or counseling for alcohol or substance use if relevant - participation can be viewed favorably in administrative and criminal contexts.

- Ask your lawyer about possible interim measures - for example, provisional measures to maintain mobility or employment while addressing license issues.

Act promptly. Time-sensitive steps such as responding to administrative notices, collecting evidence, and engaging counsel can materially affect the outcome of a DUI or DWI case in Shizuoka.