San Jose, CA DUI Lawyer

Being arrested for a first DUI in San Jose can feel like the ground just shifted under your feet. You’re worried about your license, your job, your insurance, and your future; all at once.

I get it.

As a San Jose DUI lawyer who practices in Santa Clara County courts, I help people in your exact situation every day. My job is to steady the situation, protect your rights, and guide you through each step so you know what to do, when to do it, and why it matters.

If you’re facing a DUI charge in San Jose, call 1-888-839-4384 or use our online contact form for a free consultation with an experienced California DUI lawyer today!

What is A DUI in San Jose, California?

A DUI, or Driving Under the Influence, means operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. In San Jose, as in the rest of California, the law sets a legal blood alcohol concentration (BAC) limit of 0.08% for most drivers.

However, you can still be charged with DUI even if your BAC is below that threshold if the officer believes your ability to drive was impaired. For commercial drivers, the limit is 0.04%, and for drivers under 21, California’s “zero tolerance” law prohibits any measurable alcohol in the system at 0.01% or higher.

A first DUI in San Jose is treated as a misdemeanor in most cases, but it is still a criminal charge that carries serious consequences. You will face both a criminal case in Santa Clara County Superior Court and a separate administrative action through the California Department of Motor Vehicles (DMV).

The court process determines criminal penalties such as probation, fines, or possible jail time, while the DMV process decides whether you keep or lose your driving privileges.

Because California DUI laws are strictly enforced in San Jose, even a first-time arrest can significantly affect your driver’s license, insurance, and employment. This is why having a San Jose DUI lawyer by your side from the very beginning is critical to protecting your future.

DUI Penalties in San Jose, CA

If this is your first DUI in San Jose, the consequences can feel overwhelming. California law sets specific penalties for a DUI, even for first-time offenders, and local Santa Clara County courts apply them with varying degrees of strictness depending on your case. Generally, a first-offense DUI may include:

• Fines and penalty assessments: Base fines of $390–$1,000, which often total several thousand dollars once court fees and assessments are added.
• License suspension: The DMV may impose a four-month suspension, though you may be eligible for a restricted or ignition interlock license to keep driving for work or family needs.
• DUI education program: Typically a three-month course, but if your blood alcohol concentration (BAC) was 0.15% or higher, the program can extend to six or nine months.
• Probation: Three to five years of informal probation, during which you must avoid new offenses and comply with all court orders.
• Jail time: Up to six months in county jail, though alternatives like community service, work programs, or electronic monitoring may be available for first offenders.
• Ignition interlock device (IID): In many cases, the court or DMV requires installation of an IID, which prevents your car from starting if alcohol is detected on your breath.

Aggravating factors such as refusing a chemical test, having a high BAC, prior DUI convictions, or being involved in an accident can result in harsher penalties. Working with a San Jose DUI attorney can help reduce or even avoid some of these consequences.

The First 72 Hours: What You Should Do Right Now

1. Protect your license within 10 days. You have only 10 calendar days from the date of arrest to request a DMV hearing to challenge the automatic suspension. Miss this deadline and the DMV will move forward with a suspension even if your court case is later reduced or dismissed. I handle this request for my clients immediately.
2. Save and organize your paperwork. Keep the “pink” temporary license, citation, tow/impound records, receipts, and any booking paperwork. These documents help me verify deadlines, BAC numbers, and the precise basis for the stop and arrest.
3. Write down your memory of events. While it’s fresh, jot down where you were stopped, what the officer said, the timing of field sobriety tests, whether you had any medical issues (fatigue, injuries, GERD), what you ate and drank, and the exact timing of any breath or blood test. Small details can become key defenses.
4. Avoid discussing your case with anyone but your lawyer. Well-intentioned comments to friends, employers, or online can be misunderstood or taken out of context.
5. Consult a local attorney promptly. A San Jose DUI attorney will evaluate police video (body-cam/dash-cam), breath-testing maintenance logs, blood lab paperwork, and whether Title 17 testing procedures were followed.

How the San Jose DUI Process Typically Unfolds

• Arraignment: Your first court date, where the charges are read and we enter a plea. I can often appear for you on most misdemeanor first offenses so you don’t have to miss work.
• Discovery and investigation: I obtain police reports, calibration and maintenance records for the breath device, blood-lab chromatograms, and any video. I evaluate probable cause for the stop, detention, and arrest, as well as whether field sobriety tests were administered and interpreted correctly.
• Pre-trial negotiations: Based on the evidence, I push for reductions (e.g., to a lesser charge), alternative sentencing, or dismissal of counts where the proof falls short.
• Motions: If your rights were violated (say, an unlawful stop, improper testing procedures, or unreliable results) I file motions to suppress evidence or exclude test results.
• Resolution or trial: Many first-offense DUI cases resolve without trial when we’ve leveraged weaknesses in the prosecution’s case. If trial is the best path, we come prepared.

Proven Defense Angles I Explore in First-Offense Cases

• The stop: Did the police officer have lawful cause to pull you over (weaving, speeding, equipment violation), and does the video support it?
• Detention and arrest: Were field sobriety tests properly explained, demonstrated, and scored? Were you medically or environmentally disadvantaged (uneven surface, poor footwear, injuries)?
• Breath testing: Was the device properly maintained and calibrated? Were 15-minute observation periods and proper mouth-alcohol checks followed to avoid contamination from burping or GERD?
• Blood testing: Were chain-of-custody, preservative levels, and instrument calibration in order? Do the chromatograms show contamination or analytical errors?
• Rising BAC: If tests were delayed, could your BAC have been rising after driving, placing you under 0.08% behind the wheel?
• Alternative explanations: Fatigue, anxiety, or medical conditions can mimic impairment clues unrelated to alcohol or drugs.
• Procedural fairness: Were your constitutional rights respected at each step?

Each of these issues can create leverage for charge reductions, dismissals of specific counts, or a result that preserves your driver’s license and criminal record as much as possible.

DMV APS Hearing Strategy: Saving Your Ability to Drive

The DMV case is often the most urgent part of a first offense because it controls your immediate driving privileges.

At the APS hearing, I challenge whether the stop was lawful, whether the officer had reasonable cause for the arrest, whether you were actually 0.08% or more at the time of driving, and whether breath/blood testing complied with required procedures.

Even when we can’t fully avoid a suspension, we can often structure driving relief so you can get to work and manage family responsibilities with minimal interruption.

Smart Moves That Help Your Case

• Voluntary early steps: Starting an appropriate DUI class, attending AA or comparable support meetings, or completing a brief alcohol assessment can show responsibility and may help in negotiations.
• No-alcohol condition compliance: If the court or release terms require abstinence or monitoring, staying 100% compliant protects your position.
• Insurance and employment planning: I help clients time any DMV actions and court requirements to minimize job disruptions and manage insurance impacts.
• Careful communication: All contacts with the court, probation, or DMV should go through your lawyer to prevent misunderstandings.

Why Hire a Local San Jose DUI Attorney?

San Jose and greater Santa Clara County have their own rhythms: specific courtroom calendars, local policies on first-offense dispositions, and expectations around treatment and compliance.

A San Jose DUI attorney knows which arguments resonate with local prosecutors, how to time DMV actions, and when to push versus when to secure a negotiated outcome that protects your record and your driver’s license.

Local familiarity also speeds up critical tasks, like obtaining body-cam footage, breathalyzer logs, and lab data so we can build your defense without losing time.

What to Bring to Our Consultation

• All paperwork from the arrest (citation, temporary license, tow records, release forms)
• A list of medications/medical conditions (especially GERD, diabetes, injuries)
• A timeline of the evening (food, drinks, driving, testing times)
• Any witness names or contact info
• Questions you want answered (license timing, work needs, immigration or professional-license concerns)

I’ll map the entire defense strategy; including the DMV hearing request, court appearances, discovery, motions, and realistic outcome ranges—so you have a clear, step-by-step plan.

Talk To An Experienced DUI Lawyer in San Jose, CA Today

If you’re facing your first DUI in San Jose, you don’t have to navigate this alone. I’m a San Jose DUI lawyer who focuses on first-offense defense, license protection, and damage control that keeps your life moving.

Reach out, and I’ll act immediately to preserve your DMV rights, appear in court for you when allowed, scrutinize the evidence, and fight for the most favorable outcome the facts and law will allow.

Call 1-888-839-4384 for a free consultation with a top rated DUI defense attorney in San Jose, California now!