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 DUI charges. And if necessary, we will take your matter to trial.
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:
- 1. Will I lose my license?
- 2. What is the criminal sentence?
- 3. What is San Jose DUI School?
- 4. Who makes San Jose DUI arrests?
- 5. Where is the jail?
- 6. Where is the San Jose courthouse?
DUI defendants can win their criminal case but still lose the DMV case.
1. Will I lose my license?
Getting arrested for driving under the influence in California triggers not only a criminal court case but also a civil case with the Department of Motor Vehicles. People arrested for DUI in San Jose California should expect to give up their driver’s license on the spot (the police officer will provide a thirty-day temporary one in exchange).
In the meantime, the DMV gives defendants only ten days from the time of the arrest to contact them and request a hearing. DMV hearings are like a “mini-trial” to fight the license suspension.
Considering DMVs are notoriously difficult to deal with, it is highly recommended that defendants hire a San Jose DUI attorney right away to request the hearing as well as appear in their place. Public defenders do not appear at DMV hearings.
2. What is the criminal sentence?
If a defendant pleads or is convicted of a first time California misdemeanor DUI under 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, but most defendants can resume driving with an ignition interlock device (IID)
- California DUI School
- Two days to six months in jail (usually suspendable)
The sentencing penalties for successive San Jose DUI convictions are much more stringent, mandating longer jail times, more comprehensive alcohol education programs, higher fines, and a required ignition interlock device in the vehicle.
3. Where is San Jose DUI School?
San Jose judges sentence all convicted defendants in DUI cases to a drug and alcohol education program. 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
California DUI School programs can be as short as a few weeks and as long as three years. Which one a defendant is ordered to complete depends on his/her DUI history and blood alcohol content level.
4. Who makes San Jose DUI arrests?
The San Jose Police Department usually conducts DUI arrests. They are located at 201 W. Mission Street, San Jose, CA 95110. The phone number is 408-277-8900.
DUI arrests on the SR 87 are typically made by officers with the California Highway Patrol.
5. Where is the jail?
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
Search for inmates here. Learn about California bail procedures.
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. Santa Clara Juvenile Hall can be reached at (408) 278-5820.
6. Where is the San Jose courthouse?
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. Which one a defendant is assigned to depends on when the incident occurred and which judge has room in his/her schedule. If a defendant gets convicted of DUI, the courtroom clerk will provide him/her information about DUI School.
Call our criminal defense law firm for legal advice on your criminal charges.
If you are arrested for driving under the influence of alcohol, our San Jose DUI lawyers are on your side. Our legal team includes former prosecutors, and we have years of experience in lessening your charges or getting them thrown out while fighting to keep your driver’s license. We are also prepared to take your case all the way to trial.
Phone our San Jose Attorneys DUI Defense Office at (408) 347-1200 to schedule a free consultation. We offer discount rates and payment plans. Our criminal defense firm is located at:
675 North First Street, Suite 250
San Jose, CA 95112
Our criminal defense attorneys also serve DUI / DWI clients in the Bay Area including Palo Alto, Silicon Valley, Sunnyvale, and more. We also create attorney-client relationships in Los Angeles, Riverside, Orange County, San Bernardino County, West Covina, Rancho Cucamonga, Riverside County, Corona del Mar, Long Beach, Barstow, Inland Empire, Redwood City, Morgan Hill, Alameda, Fremont, Ontario, Campbell, San Francisco, and elsewhere in northern California, central California, and southern California state.
Our law offices defend against all types of charges, from traffic tickets, violent crimes, and drug crimes to sex crimes, domestic violence, and white collar crimes. Our legal team’s practice areas include personal injury and family law as well.
Go to our San Jose Criminal Defense Lawyers main page.