Can the attorney make the DUI just go away? No, these cases rarely get dismissed. Also, few DUIs are worth taking to trial. I know because I have tried a variety of DUI cases in this county, everything from regular alcohol DUI cases to Double Murder DUI. So, that means one usually should consider case settlement, taking a deal, accepting a plea bargain.

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You should lawyer up with a dedicated attorney, someone who knows DUI cases well and works hard to defend your rights.

DUI Lawyer Javier Rios San Jose Attorney at Law

Here is what commonly happens on a first time DUI in San Jose.

First of all, when you start your DUI case, you usually start with two DUI charges: VC §23152 (b) (Misdemeanor DUI) & VC §23152 (a) (Misdemeanor DUI)

That usually does not mean you will be convicted of both. What typically happens is that you wind up pleading guilty or “no contest” to one of the charges and the other one gets dismissed. In criminal court, a plea of “no contest” has the same effect as a guilty plea—however there may be some advantage to a contest plea. That is why attorneys often prefer a “no contest” plea.

Most attorneys will tell you that it is better to have a VC §23152 (b) on your record than VC §23152 (a) because the VC §23152 (b) is only for alcohol DUIs. A VC §23152 (a) can be for drug DUIs, drugs (like LSD, for example). Although alcohol is a drug, it has less stigma than common “street drugs.”

It is not common to get real jail time for a first time DUI. Usually, you can serve the jail sentence on the Santa Clara County Sheriff’s Work Program. It is not unusual to get 12 days or something like that for a sentence on a regular, garden variety DUI. If there is an accident (with only property damage) or the blood alcohol level is high (over .15) then the court will add some days to the sentence, but it would still usually be on the work program.

You have to pay to participate in the work program. But the cost is cheap compared to serving the sentence in a real jail.

Here is a link to a Sheriff webpage that explains the rules of the work program.

You will be given 50% off your sentence for good behavior credit. So that means a 12 day sentence usually winds up being an actual six days. Sometimes your good behavior credit is not exactly 50% though, it depends on the sentence.

DUI Fines & Fees

  • You will usually get a fine of about $2,000. The court will allow you to pay it in payments. Payments of $100 a month, for example, are commonly ordered.
  • Here is a link to a Santa Clara Court webpage concerning fines.
  • For instructions on how to make the payment, the court will give you a two-sided sheet entitled “information Sheet Regarding Your Court Order.”

DUI Probation

  • You will be on Court Probation (meaning informal probation without a Probation Officer) for usually 3 years from the sentencing date.
  • What do you have to do to successfully complete probation? Do everything required in this case, pay fines, do the DUI classes, do the sheriff work program and avoid any new law violations other than minor traffic infractions.

License Suspension

There are two kinds of license suspensions that will happen and it can get complicated. Consulting with experienced attorney about your particular situation can be helpful on this point. But to put it simply, the court will suspend your license and the DMV will suspend your license. Often, you can get a restricted license after a thirty day “hard” suspension, but again this can get complicated so consulting with an attorney about your situation can be beneficial. Whatever you do, make sure not to drive during this “hard” suspension because if you are caught, that will get you another misdemeanor, driving on a suspended license.

If you do not hire an attorney to explain your particular situation to you, make sure to call the The DMV Mandatory Actions Unit at 916-657-6525 to find out what you have to do to get your restricted license and a regular license. If you do call the DMV Mandatory Actions Unit, be ready to be put on hold for a long time and sometimes they will not accept your call because they are too busy at that time. Here is a link to a DMV webpage concerning license suspension and other general information.

DUI Classes / DUI Program

  • First Offender Drinking Driver Program. The length of the program depends on how high your blood alcohol level was. A regular DUI usually gets a 3 month program. A DUI with a high blood alcohol (.20 or higher) level usually gets a 9 month program. Here is a link to the statute.
  • Here is a link to a Santa Clara County Court webpage that has detailed information on DUI Classes.
  • Here is a link to list of DUI classes offered in Santa Clara County.
DUI Lawyer Javier Rios San Jose Attorney at Law

Keep in mind that not all DUI cases are “regular DUI” cases. For example, if there is a child in the car with a DUI driver, that is much more serious. If the DUI driver is a DACA, “dreamer” that is not a regular DUI. If you have a prior conviction(s) for DUI that are not yet ten years old that is more serious. If the police officer did not have a valid reason to stop your car, that is not a regular DUI. There are many factors that can quickly make a DUI more serious or more complicated than a typical DUI. I have seen thirty years worth of DUI cases in my career so I have seen my share of atypical DUIs.

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WARNING:  YOU ONLY HAVE 10 DAYS from the date of your arrest for DUI in California to request an administrative (APS) hearing about your driver’s license. If you do not, your driver’s license will be automatically suspended.

Being convicted of a DUI in California can have serious consequences.  Contact a DUI attorney to see how you can prepare to handle this horrible mess.  Javier Rios, a top attorney, can handle drunk driving defense cases in Santa Clara County. Call now for immediate help with your DUI case.

☆ Experienced Santa Clara County DUI attorney

☆ Long-term experience with DUI laws in California

☆ Personal attention paid to each and every client

☆ Detail-oriented representation that will ensure your rights are protected

Arrested for DUI in the San Jose area (San Jose, Morgan Hill, Santa Clara, Palo Alto, Sunnyvale, Milpitas, Campbell, Mountain View.)
Call (408) 478-4444.

Getting a DUI can be a very scary. Taking your DUI or drunk driving case through the court process can be even scarier. You should hire a qualified local DUI attorney in the San Jose area who knows the DUI laws and the local practices of Santa Clara County courts and prosecutors.  Javier Rios can help you with the DUI process.

How to handle a DUI in the San Jose area:

After you have been arrested for a DUI in Santa Clara County you will have court appearances. This is another reason to hire an experienced San Jose DUI lawyer. There is a first appearance and other subsequent appearances.  Often, the attorney can take care of all the court appearances and you will never have to go to court. Javier Rios, for example, can usually bring you into his office to take care of all the paperwork and explain what happens in court.

Get the Right Lawyer:

A lot is on the line, fines, jail time, license suspension and other future consequences.

You should lawyer up with a dedicated attorney, someone who knows DUI cases well and works hard to defend your rights.

Do not wait. Call (408) 478-4444 for a free no obligation consultation or complete the contact form and drop Javier a line.