San Jose DUI Attorney

If you have been arrested for driving under the influence in or around South Bay, our San Jose CA DUI defense attorneys can help. We will do everything to dismiss or significantly reduce your charges, and if necessary, we will bring your case to trial.

Do not hesitate to call our San Jose DUI Defense Law Office at 408-347-1200 for a free consultation with a Santa Clara drunk driving lawyer, and you can visit us at:

675 North First Street
Suite 250
San Jose CA 95112
Phone: 408-347-1200

On this page, our San Jose / Santa Clara County drunk driving lawyers discuss the following subjects relating to California DUI laws and how we can help your case:

San Jose DUI lawyer Jim Hammer
The DMV Hearing
The Criminal Case
DUI Penalties
San Jose Jail & Courthouse Information
San Jose DUI Schools

San Jose DUI lawyer Jim Hammer, Esq.

The best defense attorneys tend to be former prosecutors because they have gained valuable insider knowledge about how far the state is willing to compromise. San Jose criminal defense lawyer Jim Hammer served as a Bay Area prosecutor for close to twenty years, and now he puts all his experience to work for you. His DUI expertise encompasses misdemeanor DUI, DUI causing injury, felony DUI, and gross vehicular manslaughter while intoxicated charges.

Over Jim Hammer's career, he has handled close to fifty jury trials, winning more than ninety percent of them. A graduate of Hastings Law School and UC Berkeley, San Jose DUI defense lawyer Jim Hammer also served as a teacher at Santa Clara University Law School, which in 2004 awarded him "Professor of the Year." He practices all around South Bay, Silicon Valley, Palo Alto, Sunnyvale, and throughout Santa Clara County.

San Jose DMV Hearings in connection with a California DUI arrest

People are often shocked to discover that getting arrested for driving under the influence in California slaps you with not only a criminal case but also a civil case with the Department of Motor Vehicles. If you are arrested for DUI in San Jose California, expect to give up your driver's license on the spot (the police officer will give you a thirty-day temporary one in exchange). In the meantime, the DMV gives you only ten days from the time of your arrest to contact them and request a hearing, which is like a "mini-trial," to fight your license suspension.

Considering DMVs are notoriously difficult to deal with, we recommend you hire a San Jose DUI defense attorney right away to request the hearing as well as appear in your place. Your license cannot be suspended for more than a few months if it is your first DUI, but a second or third DUI may result in two-to-three year suspensions. However, we will almost always be able to secure you a restricted license allowing you to legally commute to work and school.

Note that the DMV and courts may allow DUI defendants to continue driving as long as they install an ignition interlock device (IID) for a predetermined period of time. (California Senate Bill 1046)

For further information, please refer to our article on DMV hearings in connection with a California DUI arrest.

The Criminal Case resulting from a San Jose DUI arrest

The typical San Jose DUI arrest results in two charges: 1) DUI under Vehicle Code 23152(a), and 2) Driving with Excessive Blood Alcohol Content under Vehicle Code 23152(b). But if it is your third DUI in ten years, the next one will automatically be charged as a California felony DUI. San Jose driving under the influence cases may last for several months and court appearances, but we can appear on your behalf for most (if not all) of the proceedings.

San Jose DUI Penalties & Sentencing

If you plea to or are convicted of a California misdemeanor DUI (Vehicle Code 23152(a) and Vehicle Code 23152(b)), the usual penalties and sentencing are:

  • Fines of $390 to over $1,000
  • Upwards of three years of probation
  • A six-month driver's license suspension (a "restricted license" for work and school is usually granted, or you may be able to continue driving anywhere if you get an ignition interlock device installed)
  • California DUI School (see below)
  • Two days to six months in jail (usually suspendable)

The sentencing penalties for successive San Jose DUIs are much more stringent, mandating longer jail times, more comprehensive alcohol education programs, higher fines, and a required ignition interlock device in your vehicle. (An ignition interlock device is a kind of breathalyzer instrument, and it is installed on the steering column of your car.)

San Jose Jail & Courthouse Information

San Jose DUI arrestees are typically booked at Elmwood Correctional Complex or Santa Clara Main Jail Complex:

Elmwood Correctional Complex
701 S. Abel St.
Milpitas, CA 95035-5243
(408) 957-5300

Santa Clara Main Jail Complex
150 West Hedding St.
San Jose, CA 95110
(900) 226-9920

Minors may be detained at Santa Clara Juvenile Hall, located at 840 Guadalupe Parkway, San Jose, CA 95110. Juvenile Court is administered in that location as well. You can contact Santa Clara Juvenile Hall at (408) 278-5820.

The Santa Clara District Attorney's Office prosecutes San Jose DUI cases in Santa Clara Superior Court, located at 190-200 West Hedding Street, San Jose, CA 95110. The court can be reached at (408) 808-6600.

Several different departments in the courthouse hear DUI cases, and which one you are assigned to depends on when the incident occurred and which judge has room in his/her schedule. If you plea or are convicted of a DUI, the courtroom clerk will provide you with information about DUI School (see below).

San Jose DUI Schools

As we mentioned above, San Jose judges sentence all convicted defendants in DUI cases to a drug and alcohol education program. California DUI School programs can be as short as a few weeks and as long as three years -- which one you are ordered to complete depends on your DUI history and BAC level.

Four San Jose DUI Schools are:

Alert Driving, Inc.
Programs: First Offender, Eighteen-month
1900 Camden Ave. Suite 205
San Jose, CA 95124
(408) 879-7581

National Traffic Safety Institute
Programs: First Offender, Eighteen-month
275 North 4th St. 2nd Floor
San Jose, CA 95112
(408) 297-8566

Asian Americans for Community Involvement
Programs: First Offender, Eighteen-month
2400 Moorpark Ave. Suite 300
San Jose, CA 95128
(408) 975-2730

Proyecto Primavera DDP
Programs: First Offender, Eighteen Month
160 East Virginia St. Suite 266
San Jose, CA 95112
(408) 977-1594

Arrested for DUI in Santa Clara?

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Let us help you stay out of jail and keep your driver's license. For a FREE meeting with a San Jose criminal defense lawyer, phone us at (408) 347-1200 now.

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The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

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Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370