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San Jose DUI Defense

Downtown San Jose at twilight

Arrested for DUI in San Jose?

San Jose DUI cases move fast. Within ten days of your arrest you must request a DMV hearing or your license will be automatically suspended. Ginny Walia Law Offices acts immediately—contacting the DMV, obtaining police reports, and coordinating your defense so deadlines don’t slip by while you process what happened.

Call our Santa Clara County DUI team at (408) 724-9200 for a free consultation and rapid response.

San Jose DUI Consequences

Penalties vary based on prior history, license class, and whether aggravating factors are present. Potential outcomes include:

  • License suspension through both the DMV and the court
  • Significant fines and mandatory assessments
  • Jail time, work release, or community service
  • DUI school lasting 3 to 30 months depending on BAC and priors
  • Ignition interlock device requirements
  • SR-22 filings that increase insurance premiums

Know Your Rights in Santa Clara County

A strong defense starts with understanding whether law enforcement followed the rules. We review every step to identify violations that can lead to evidence suppression or case dismissal.

  • There must be specific, articulable facts supporting the traffic stop, detention, and arrest.
  • Field sobriety tests and roadside breath tests are optional; officers must explain that refusal is allowed.
  • After arrest, officers must deliver Miranda warnings before asking incriminating questions.
  • Drivers must be offered a choice between breath and blood testing, along with implied consent advisements.
  • If a station breath test is administered, you must be given the opportunity to obtain a preservable blood sample for independent testing.

Key San Jose DUI Resources

Police Reports

San Jose Police Department reports can be requested from the Records Unit at 201 West Mission Street, San Jose, CA 95110. Phone: (408) 724-9200.

Accident Reports

If your arrest involved a collision, obtain the traffic collision report online through the San Jose PD accident portal .

Court Information

Most San Jose DUI cases are heard at the Downtown Superior Court, 191 N. First Street, San Jose, CA 95113. Main phone: (408) 882-2100; TTY/TDD: (408) 882-2690.

Charged with DUI in San Jose?

Protect your license and future with a defense team that knows Santa Clara County courts inside and out.