Santa Clara County DUI and Courthouse Information

Most of the driving under the influence arrests in Santa Clara County are handled out of the main courthouse located at 190 West Hedding Street in San Jose.  Also nearby is the Santa Clara County District Attorney and Sheriff's Office and Main Jail.  Street parking is limited, so it's advisable to use the parking structure across the street, especially if you're going to be at this facility longer than an hour or two. The Clerk's Office can be reached at (408) 808-6600. The San Jose Courthouse handles DUI cases from San Jose, Los Gatos, Saratoga, Campbell, Cupertino & Sunnyvale.  Felony DUI cases in Santa Cara County are almost always heard at the San Jose Hall of Justice.

San Jose driving under the influence arrests or DUI arrests involve two distinct cases: a criminal case and an Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office at 90 Great Oaks Blvd.  A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest.  The Temporary License is usually a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court.  If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest.

Upon release from jail or custody you will be given a citation or notice to appear in court at some future date.  If your case involved injuries or a felony enhancement, you may be held in custody until your court date unless you post a bail bond.  If your arrest is a first offense DUI misdemeanor, it's likely and advisable that your DUI attorney appear at this hearing on your behalf a pursuant to the authority of Penal Code Section 977.  This hearing is your arraignment.

The arraignment is the first hearing in a DUI case and the purpose is to advise the defendant of the charges, provide initial case discovery, i.e. police reports, blood results, etc., to defense counsel.  Additionally, the judge may be asked to impose release conditions like attending AA meetings or wearing an ankle monitor while the criminal case proceeds.  The court will then schedule your case for a "Pre-Trial Conference."  

The Pretrial Conference is likely the first hearing that a DUI defendant might actually attend.  The purpose of this hearing is to conference with the district attorney about the case generally, inquire about outstanding discovery or investigation, discuss possible immigration and/or employment consequences and ultimately discuss possible settlement of the case.  A settlement offer is typically conveyed and the client either accepts the offer, continues the Pretrial Conference or sets the case for jury trial and/or motion hearing. Continuances are by far the most common outcome of Pretrial Conferences and this is particularly true in San Jose. 

District Attorney's in San Jose are very busy and it seems like everyone in the court is glad to kick the can down the road.  Often this is good for San Jose DUI clients as time can make the settlement offer more favorable, but it can also be frustrating for clients who want to accept responsibility for their DUI case early on.  Nevertheless, the district attorneys in San Jose generally have a lot of discretion and will take into account the unique facts and situation oof the client, especially for immigration consequences.  If a case has to go to jury trial, I've found that both the district attorney and judges in San Jose are more often willing to extend better settlements than actual go to trial.  If the trial does proceed, however, San Jose juries are prone to convictions and the sentencing judge can be rather harsh.

If you or someone you know is facing a DUI charge in Santa Clara County, it's crucial to have an experienced San Jose DUI attorney on your side.  Nors Davidson has handled several hundred cases in San Jose and knows what works and what doesn't in defense of your DUI.

RECENT SAN JOSE DUI CASE RESULTS

Santa Clara County San Jose DUI .19% BAC Second Offense DUI Probation Violation  High BAC DUI Enhancement

Outcome Four Years DUI Probation, 22 Days SWAP, 18 Month DUI School, 1 Year IID and NO FINES OR FEES

Description Client was found passed out at the wheel of her vehicle at a stop light in Santa Clara. After field sobriety tests, client submitted to a PAS test with results of .22, .19 and .20% and was arrested by the Santa Clara Police Department for DUI. Client had suffered a prior DUI conviction just two years prior so she was still on active probation for that offense. Today, I settled clients case for: PROBATION GRANTED: 4 Years, 22 Days SWAP, 18 Month DUI School, 1 Year IID and NO FINES OR FEES. Since we were able to avoid client admitting a probation violation, she might be eligible for a "restricted license" and by arguing inability to pay fines, she saved approximately $2,500.

Santa Clara County San Jose DUI  .14% BAC First Offense DUI

Outcome Three years DUI Probation, Fine $1951, 3 Month DUI School & 4 days of SWAP

Description Client was arrested by the CHP for DUI after being stopped for drifting over the center line early in the morning on Highway 101. Client submitted to PAS test of .14% and blood test of .14% BAC. Today, I settled this case for PROBATION GRANTED: 3 Years, Fine $1951, 3 Month DUI School & 4 days of SWAP in lieu of jail.

Santa Clara County San Jose DUI .15% BAC First Offense DUI Speed and High BAC DUI Enhancements

Outcome Three Years DUI Probation, $1,950 FINE, 8 Days SWAP & 3 Month DUI School.

Description Client was arrested for DUI by the CHP after he was observed driving 105 MPH on I-280. Client submitted to PAS test with results of .16% BAC and later breath test showed a .14% and .15% BAC. Client was looking at two enhancements: 1) for high BAC and 2) high speed....which could have added an additional 60 days in the county jail. Today, we settled the case for a dismissal of the enhancements, PROBATION GRANTED: 3 YEARS, $1,950 FINE, 8 Days SWAP & 3 Month DUI School.

Santa Clara County San Jose DUI .09% BAC First Offense DUI Refusal Allegation

Outcome DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 1 yr DUI probation, $1400 Fine, 3 Month DUI School & 48 Hours Community Service

Description Client was stopped by CHP after a 911 call reporting a drunk driver. Client found with vomit in his vehicle and incoherent. Client arrested for DUI and then refused to submit to chemical test. A warrant was then obtained for Client's blood which was analyzed several hours after later with a result of .09% BAC. Today, we finally settled the case for a DISMISSAL of all DUI Charges. Client pled to Reckless Driving for one year of probation, fine of $1,400, 3 month DUI school and 48 hours of community service.

Santa Clara County San Jose DUI  .13% BAC Third Offense DUI

Outcome: NO ACTUAL JAIL: 160 days Electronic Monitoring, 18 Month DUI School, $2769 Fine; 2 Years IID

Description: Client was visiting California from Idaho when he was stopped by the San Jose Police Department because he forgot to turn on the headlights in his rental vehicle. Client had a few drinks, so his BAC came back a .13 % by blood test. Although only booked for DUI, the District Attorney later learned that he had two active DUI priors from Idaho and another in Texas. As a result, client was charged with a 3rd Offense DUI, almost ensuring that he would spend a significant time in ACTUAL CUSTODY JAIL. We worked this case for two years and in the end, settled it for NO ACTUAL JAIL and client never had to return to California once to appear in his case. INCREDIBLE RESULT. Client sentenced to 5 years informal probation, 160 days house arrest/electronic monitoring, 18 month DUI school (online), 2 years IID and fine of $2769. License revoked in California for 3 years. This "no jail" result allowed client to keep his job and an opportunity to turn this around and never do it again.

Santa Clara County San Jose DUI .29% BAC Second Offense DUI High BAC Enhancement

Outcome: Probation Granted: 4 Years, $2,000 fine, 18 Month DUI School, 40 Days Weekend Work, 1 Year IID and NO ACTUAL JAIL.

Description: Client had previously been convicted of DUI in San Francisco and was currently on a grant of diversion for a drug case in Palo Alto when she was driving and got a flat tire on N/B 85 at Camden. The CHP arrived and client submitted to two PAS tests with results of .24% and .28% BAC. Client was arrested and later submitted to two breath tests at the station with results of .27% and .29% BAC. Today we settled this tough case for NO ACTUAL JAIL. Client sentenced to four years probation, fine of $2,000, 40 days of Weekend Work and one year of an ignition interlock device ("IID") and the 18 month DUI School.

Santa Clara County San Jose DUI .20% BAC First Offense FELONY DUI Injury Collision High BAC Enhancement

Outcome: FELONY CHARGES DISMISSED; CASE SETTLED FOR NON-INJURY MISDEMEANOR DUI

Description: Client was involved in a rear end collision in San Jose which resulted in some injuries to the victims. Client submitted to a breath test with results of .20% BAC. Client initially charged with FELONY DUI because of the injuries. Today, I settled client's criminal case for a plea to MISDEMEANOR non-injury DUI and admission of the high BAC enhancement. Although I would have liked to push for a better result, strategy dictated that we settle the case ASAP as a non-injury misdemeanor DUI. Client sentenced to 3 years informal probation, 9 month DUI school, 4 actual days of weekend work and a fine of $1,959. License restricted for 10 months.

Santa Clara County San Jose DUI .14% BAC First Offense DUI

Outcome: Probation Granted: 3 Years; $1,949 Fine, 3 Month DUI School & 3 Days Weekend Work

Description: Client was stopped for weaving and speeding by the San Jose California Highway Patrol. Client submitted to two PAS breath tests with results of .17% and .15% BAC. Client arrested for DUI and later submitted to two breath tests with results of .14% BAC respectively. Today, we resolved the case for the minimum sentence in San Jose: three years informal court probation, fine of $1,949, 3 month DUI school and approximately three days of Weekend Work in lieu of actual jail time. License suspended for six months with immediate eligibility for a "restricted" license.

Santa Clara County San Jose DUI .19% BAC First Offense DUI Collision High BAC Enhancement

Outcome: DUI DISMISSED & ZERO LICENSE SUSPENSION & NO FINES: Case Reduced to Reckless Driving for 1 yr Probation, 160 hours Community Service; 3 Month DUI School

Description: Client was arrested by San Jose Police Department after being involved in a multi-vehicle, non-injury collision which resulted in his arrest for DUI. Client submitted to preliminary breath test, ("PAS"), at the scene with results of .20% BAC. Once arrested, client agreed to evidential breath test with results of .19%. Due to COVID, client's case was continued unilaterally by the Court. This would have been a major problem for most DUI defendants because the DMV case, which can also result in a license suspension, would have surely ended badly for him before the conclusion of the criminal case resulting in multiple license suspensions for the same conduct. Thankfully, I was able to WIN the DMV case with an Order of Set Aside. This would have been for naught, but as it would turn out, I was then able to negotiated a resolution of client's case for a REDUCTION to misdemeanor "reckless driving," ("wet"). Since the DUI charges were then dismissed, client suffered ZERO LICENSE SUSPENSION for this arrest. A really fantastic result for a young man with no record who accepted responsibility for his actions, yet still needed to drive. By the way, did I forget to mention that I was able to get all of his fines & fees (about $2,000) waived?

Santa Clara County San Jose DUI .15% BAC First Offense DUI High BAC Enhancement

Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $1,949; 3 Month DUI School; & 10 days Weekend Work

Description: Client was arrested by the California Highway Patrol for DUI after he was observed "speeding" on Eastbound I-680. Although client cooperated fully in the investigation, his preliminary breath test ("PAS") came in at .12% BAC and his later breath test of .14% and .15% clearly demonstrated that his BAC was "rising," that is, his body was still absorbing alcohol. Either way, the problem was that this client was not a U.S. Citizen but instead a DACA resident. Crucially, under Trump, he would now be potentially eligible to be deported to a country from which he had never been. Gratefully, we negotiated a settlement of the case today for a dismissal of the DUI charges in lieu of a plea to the reduced misdemeanor of Reckless Driving.

Santa Clara County San Jose DUI .16% BAC First Offense DUI High BAC Enhancement

Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $200 Fine & 12 Hour DUI School. DMV SET ASIDE NO LICENSE SUSPENSION

Description: Client arrested by Los Gatos Police Department for DUI after being observed driving without headlights. Client submitted to breath test with results of .16% and .15% BAC. Settled case today on day of trial for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $200 Fine & 12 Hour DUI School. DMV SET ASIDE NO LICENSE SUSPENSION.

Santa Clara County San Jose DUI .13% BAC First Offense DUI Collision

Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $1,949; Victim Restitution; 3 Month DUI School; & 9 days Weekend Work

Description: Client , who is not a U.S. Citizen, was involved in a property damage only collision in San Jose and was arrested by the San Jose Police Department for DUI after his Preliminary Alcohol Screen ("PAS") test revealed a blood alcohol percentage of .13% BAC. Client subsequently chose to submit to an implied consent BLOOD test which ultimately confirmed a .13% BAC level. After many court appearances, today we finally resolved the case for a DISMISSAL OF DUI charges by entering a plea of "no contest" to the lesser offense of Reckless Driving pursuant to Vehicle Code Section 23103.5. This reduction of charges was critical as a DUI conviction would have significantly complicated clients ability to work and even remain in the United States. Client sentenced to three (3) years informal Court Probation; ordered to complete level one/3 month First Offender DUI School; pay fine of $1,949; pay any to be determined Restitution; and serve nine (9) days working for the Santa Clara County Sheriff's Weekend Work Program ("WWP") in lieu of any actual jail time. Client's license suspended for four (4) months with immediate eligibility for "restricted" license.

Santa Clara County San Jose DUI .24% BAC First Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted: 3 Years; $1,949 Fine; 12 Days Weekend Work; 9 Month DUI School & Victim Restitution

Description: Client was involve in a collision in downtown San Jose that resulted in an ambulance being called and injuries. Client submitted to a blood test which was analyzed at .24% BAC. Initially arrested on a Felony DUI, today we successfully resolved the case for a MISDEMEANOR plea to DUI (NO INJURY), for three years informal court probation, fine of $1,949, a 9 month DUI School, 12 days of Weekend Work in lieu of actual jail time; and full restitution to the Victims. 

Santa Clara County San Jose DUI First Offense DUI Refusal

Outcome: Probation Granted: 3 Years, $1950 Fine, 9 Month DUI School & 8 Days of SWAP

Description: Client arrested for DUI by San Jose Police Department after being observed weaving. Client refused any chemical test and no warrant was issued. Settled case today for Probation Granted: 3 Years, $1950 Fine, 9 Month DUI School & 8 Days of SWAP. License suspended by DMV for one year.

Santa Clara County San Jose DUI .16% BAC First Offense DUI Collision High BAC Enhancement

Practice Area: San Jose DUI and DWI

Date: Mar 04, 2019

Outcome: Probation Granted: 3 yr, $1,950 Fine, 3 month DUI School, 80 hours Community Service

Description: Client totaled car in property damage only collision. PAS tests of .15% and .16% followed by breath tests of .13% BAC lead to DUI charge with high BAC/collision enhancement. Case settled today for 3 years probation, fine of $1,950, 3 Month DUI School and approximately 80 hours of community service instead of jail/SWAP.

Santa Clara County San Jose DUI .18% BAC First Offense DUI FELONY Injury Collision

Outcome: MISDEMEANOR Probation Granted: 3 Years, $1950 Fine, 3 Month DUI School, 15 Days SWAP & $3000 Restitution

Description: Client arrested for DUI by San Jose Police Department and charged with felony after being involved in an injury causing collision. Settled case today for MISDEMEANOR Probation Granted: 3 Years, $1950 Fine, 3 Month DUI School, 15 Days SWAP & $3000 Restitution.

Santa Clara County San Jose DUI .15% BAC First Offense DUI High BAC Enhancement

Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 3 Years Probation, Fine $1900, 3 Month DUI School, 168 Hours Community Service.

Description: Client arrested for DUI by CHP after he was observed driving in a bike lane. Case settled today for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 3 Years Probation, Fine $1900, 3 Month DUI School, 168 Hours Community Service.

Santa Clara County San Jose DUI .25% BAC First Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted: 3 yr Probation, $1,950, 3 MONTH DUI SCHOOL, 180 Hours Community Service

Description: Client was arrested by the CHP after a collision with a planter box. Client submitted to blood test with result of .25% BAC. Settled case today for DUI with the following sentence: 3 years probation, fine of $1,950, 3 MONTH DUI SCHOOL and 180 hours of community service. License suspended for 30 days and restricted for five months.

Santa Clara County San Jose DUI .08% BAC Second Offense DUI

Outcome: Probation Granted: 3 Years, $1950 Fine, 18 Month DUI School & 14 Days SWAP

Description: Client stopped by CHP for speeding and submitted to PAS with results of .08% and .09% BAC before arrest for DUI. Later breath test came in at .08% BAC. Settled case today for three years probation, Fine of $1950, 18 Month DUI School and 14 days of SWAP in lieu of jail.

Santa Clara County San Jose DUI .15% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3 yrs, 3 Month DUI School, $1950 Fine & 6 days SWAP

Description: Client arrested for DUI after observed speeding. Client refused PAS test, but blood was later analyzed to be .15% BAC. Case resolved today for 3 years probation, $1950 fine, 3 month DUI school and 6 days of weekend work in lieu of jail. License suspended for 30 days and restricted for five months.

Santa Clara County San Jose DUI.14% BAC First Offense DUI
Practice Area: San Jose DUI and DWI

Date: Apr 17, 2014

Outcome: Probation Granted: 3 years, $1,900 fine, 3 Month DUI School & Community Service

Description: Client was a recent law school graduate who was arrested by the CHP in the early morning hours as Client drove home after drinking alcohol socially with co-workers. Client submitted to Preliminary Breath Test ("PAS") which came in at .10% BAC, but a later blood test returned a .14% BAC which was later confirmed by a retest of the blood sample. Today, I resolved the case at the third Pre-Trial Conference in this case. At the first Pre-Trial Conference, the District Attorney was completely unsympathetic and in fact wanted ADDITIONAL punishment because Client was a law school graduate and should have known better than to drink and drive. We continued the case and at the second Pre-Trial Conference, a new District Attorney was on the case and actually offered us a REDUCED sentence to settle the case. Client rejected this offer and we returned to court for a final THIRD Pre-Trial Conference in which we settled the case for a DUI conviction in which Client was sentenced to the minimum three years informal court DUI probation, fines of approximately $1,950 (which we obtained a low monthly payment plan), a three month DUI School and most importantly, 160 hours of community service to be done for a non profit organization in Alameda County in lieu of any jail or SWAP. This was an agreeable concession by the District Attorney because it is typical for a DUI offender to serve FIVE DAYS with the Weekend Work Program through the Santa Clara County Sheriff's Department. Santa Clara County's five day SWAP sentence for a first offense DUI charge is by far the most punitive in the entire Bay Area for similar DUI cases. Client's license suspended by DMV for thirty days with eligibility for a "restricted license" (for work purposes) for five months with the filing of an SR-22. Again, Client had NO CRIMINAL RECORD and admitted to making an mistake. It was a good thing Client didn't make the second mistake of accepting the District Attorney's first offer to settle the case.

Santa Clara County San Jose DUI .17% BAC Second Offense DUI Probation Violation Driving on Suspended License CVC 14601.2

Outcome: ENHANCEMENTS, PROBATION VIOLATION & SUSPENDED LICENSE DISMISSED

Description: Client was a younger guy who had made the boneheaded mistake of driving after drinking. He was previously convicted of a DUI in Santa Clara County and was still serving a three year informal probation sentence when he was stopped by the CHP again in Santa Clara County for texting behind the wheel. Client submitted to Field Sobriety Tests and then blew into a Preliminary Breath Test ("PAS") which had difficulty obtaining a singular reading of .17% BAC, this in spite of numerous attempts by the Client to provide a breath sample. Client was shocked by the number and subsequently REFUSED the required implied consent breath test. Thinking better of it, Client changes his mind and submits to a station house breath test with a dramatic decrease to .09% BAC. Client is nevertheless charged with a second offense DUI with high BAC enhancement, probation violation and separate misdemeanor offense of driving on a suspended license. Client was originally represented by the Public Defender's Office who had actually assigned a law student to represent him. He decided to go with me and I arrived at the courthouse to substitute in as attorney of record for the law student who had the misdemeanor plea form in hand awaiting my clients signature and plea to both the DUI and suspended license misdemeanors. After substituting in as attorney, I continued the case to today's Pre-Trial Conference calendar where I pushed and pushed and pushed the reluctant but ultimately very fair, District Attorney to resolve the case for a plea to the DUI and admit his prior with a DISMISSAL of all other charges. This resulted in client receiving three years of informal probation, fines of approximately $2,100, an 18 month multiple offender DUI School, and 10 days of SWAP in lieu of actual jail time. By continuing client's case for new Pre-Trial Conference, I was able to get the expensive suspended license misdemeanor dismissed and his total SWAP reduced from 15 to 10 days. Client failed to request DMV hearing and was determined to have REFUSED. NEVER REFUSE A BREATH OR BLOOD TEST, ESPECIALLY IF YOU'VE SUFFERED A PRIOR DUI CONVICTION OR SUSPENSION. If so, you'll be like this client and lose your license in California for TWO YEARS, period. No driving at all. I'm hopeful, however, that this mistake won't happen again.

Santa Clara County San Jose DUI .10% BAC First Offense DUI Collision

Outcome: Probation Granted: $1,916 Fine, 75 Hours Community Service, DUI School Waived

Description: Client and a friend had consumed alcohol with dinner and they both drove home afterward. Unfortunately, Client's friend was involved in a motor vehicle accident and he showed up on scene to see if he could help. The end result was that both of them were ultimately arrested for DUI. Although his breath tests were low, .10% BAC on four tests, the District Attorney was not willing to reduce the offense for settlement. Client had been transferred over seas for work and needed to resolve his case in a way that allowed him to remain out of jurisdiction. Today, I settled the case on behalf of the client for three years informal court probation, fine of $1,916, three month DUI school (waived unless he returns to California), and 75 hours of community service in lieu of actual jail or SWAP. With the Client's move, I had to handle all aspects of the case which included several court appearances beyond that which is customary. I nevertheless did so, and without additional fee. Client's license suspended for six months as a result of the DUI conviction.

Santa Clara County San Jose DUI .14% BAC First Offense DUI

Outcome: Probation Granted, $1,916 Fine, 3 Month DUI School, 7 Days SWAP

Description: Client was stopped by the California Highway Patrol after he was observed driving his vehicle on the roadway with no front tire (his car was emitting sparks from the road). Subsequent blood test returned result of .14% BAC. Client looking at DUI with possible hit and run for a collision. Today, we successfully resolved the case for three years court probation, fine of $1,916, three month DUI school, and seven days of weekend work in lieu of jail. Client's license suspended for thirty days and restricted for five months with SR22. 

Santa Clara County San Jose DUI .17% BAC First Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted: THREE MONTH DUI SCHOOL, 8 Days SWAP

Description: Client is a small and petite woman of barely 100 pounds who likely had too much to drink. As she was driving from Santana Row, a slow moving vehicle merged right in front of her causing her to collide with the bumper and then lose control of her vehicle while spun into the guard wall. CHP investigated the case as a DUI and a blood test came back over the enhancement level at .17%BAC. Client, an otherwise good person with no criminal record, wanted this matter resolved and to never do it again. Today, I helped her minimize her sentence to three years informal court probation, fine of about $1,850, THREE MONTH DUI SCHOOL, and 8 days of SWAP in lieu of jail. License suspended for thirty days and restricted for five months. An excellent result considering that Santa Clara County regularly give six days of SWAP on a standard case.

Santa Clara County San Jose DUI .19% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL, 5 SWAP, $1,876 Fine

Description: Client was arrested by the Santa Clara County Sheriff's Department after being found asleep behind the wheel at a stop light. Client charged by district attorney with DUI and high BAC enhancement. Today we settled the case for minimum DUI punishment in San Jose: three years informal court probation, fine of $1,876, THREE MONTH DUI SCHOOL, and five days of SWAP in lieu of jail. ENHANCEMENT DISMISSED, which was huge because client would have had substantial punishment. License suspended for thirty days and restricted for five months.

Santa Clara County San Jose DUI .13% BAC First Offense DUI

Outcome: Probation Granted, $1,854 fine, 3 Month DUI School, 5 SWAP

Description: Client stopped in San Jose for failing to stop at a sign. Breath tests were administered just after midnight and revealed a .13% BAC. I represented client through both his criminal case and DMV case helping him manage the DUI matter and ensure that he received the best possible outcome. Client received minimum three years informal court probation, fine of $1,854, three month DUI school and five days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months.

Santa Clara County San Jose DUI .12% BAC First Offense DUI

Outcome: Probation Granted, Fine, 3 month DUI School, NO JAIL

Description: Today I settled a case in Department 47 in San Jose, a county notoriously tough on DUI cases. Client stopped by local police after an illegal U-Turn in a business district. A subsequent breath test showed a .12% BAC. I successfully negotiated a settlement of the case for the minimum three year probation term, fine of $1,850, 3 month DUI school, and 5 days of SWAP (community service) in lieu of actual jail time. License suspended for thirty days and restricted for five months.

Santa Clara County San Jose DUI  .09% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO "DRY" RECKLESS

Description:  Santa Clara County is a notoriously prosecution friendly jurisdiction and DUI cases are no exception. Case in point: My client was stopped for speeding (83 mph in 65 mph zone), and was subsequently investigated for DUI. Client blew two roadside tests of .09% and .07% and was arrested. Pursuant to Title 17, client later provided two breath samples of .07% and .06%. While in many counties this case would never be filed, San Jose not only filed a DUI against my client, but the District Attorney would only offer a WET RECKLESS driving conviction at pre-trial. Although I hadn't been paid to do so and with the consent of my client, we refused the offer and set the case for Jury Trial. On the day of trial (today), my client accepted a further reduced offer of misdemeanor reckless driving (DRY). For that offense, my client received two years of informal probation and was required to pay a fine of $770. NO DUI SCHOOL, NO LICENSE SUSPENSION, AND NON-PRIORBALE CONVICTION.

Santa Clara County San Jose DUI .09% BAC DUI First Offense DUI Collision

Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: In San Jose Department 49, I successfully negotiated this case down from the DUI which was written in the prosecutor's offer sheet to a reckless driving (wet). Although client had low BAC (.09%), he fell asleep while driving and totaled his car into a guard rail. Luckily, no one was injured. Client received reduced sentence of 2 years of probation, fine of $1,760, and 3 month/level one DUI school. NO ADDITIONAL JAIL, SWAP OR COMMUNITY SERVICE. License suspended for 30 days and restricted for five months.

Santa Clara County San Jose DUI First Offense DUI Refusal Enhancement

Outcome: Refusal Stricken, 3 Month DUI School

Description: San Jose DUI Refusal Stricken for a single mom who simply couldn't accept the 9 month DUI school requirement. DA initially offered 10 days jail and 9 month program with admission of the refusal allegation. After filing a Motion to Suppress Evidence, the DA offered a highly reduced sentence: three years of probation, 8 days of community service, fine of $1,750 and only a 3 month level one DUI school.

Santa Clara County San Jose DUI .14% BAC First Offense DUI Speed Enhancement

Outcome: Enhancement Dismissed, Probation, Fine, DUI School

Description: Client charged with DUI and separate misdemeanor exhibition of speed charge (Vehicle Code section 23109). Successfully got the exhibition of speed charge dismissed and client pled to DUI on a .14% BAC case for: three years probation, 3 month DUI school, fine of $1,760 and seven days of community service.

Santa Clara County San Jose DUI First Offense DUI Refusal Enhancement

Outcome: Case Reduced, Refusal Allegation Stricken

Description: Today I settled a first offense DUI case with a refusal allegation in Santa Clara County. My client, an out of state resident, had erroneously refused a chemical test during a DUI investigation outside of Gilroy while visiting on vacation. After several appearances and much negotiation, I was able to settle the case today for a plea to a DUI with the special allegation dismissed. Client received: credit for time served and no additional jail time or Sheriff's Work Program.; three years informal probation and a fine of $1,750. She will not be required to complete a DUI school as a condition of her probation. Basically, it's a DUI conviction with a fine and the client never had to appear in court. I think, a great result.

Santa Clara County San Jose .18% BAC First Offense DUI High BAC Enhancement

Outcome: Enhancement Stricken, No Jail or SWAP.

Description:  Difficult case in that client resided in Texas and needed a resolution that would not require a return to California. Settled this case case enhancement stricken and sentenced by Judge Koh to three years of informal probation, fines and fees, DUI school stayed only unless client moved to California, and 40 hours of community service in lieu of jail or SWAP. Case took numerous appearances and a lot of work, but finally got the result the client needed in the end. California license suspended for six months pursuant to conviction.

Santa Clara County San Jose DUI First Offense DUI Refusal Enhancement 

Outcome: Refusal Stricken, Three Month DUI School

Description: Criminal case resolved before Judge Arroyo in Department 47 for minimal sentence of three years probation, fine and fees, and notably a 3 MONTH DUI SCHOOL. It required significant negotiation to get the DA down to the three month school. 9 days of SWAP in lieu of jail. Regrettably, DMV hearing was lost and license suspended for one year. 

Santa Clara County San Jose DUI .20% BAC First Offense DUI Collision High BAC 

Enhancement

Outcome: Case Minimized, THREE MONTH DUI SCHOOL

Description: Client, a car dealership owner, was arrested for DUI following a rear end collision resulting in charges being filed in San Jose. I personally settled client's case for him in front of Judge Allegro for a minimal punishment: three years of informal probation, fines and fees, EIGHT days of SWAP and only a 3 MONTH DUI SCHOOL...Almost all .20% BAC cases result in 6 to 9 month DUI schools and can restrict driver's licenses' for extended periods of time.  Overall an excellent result based on the high BAC and collision factors. 

All "North County" DUI arrests in Santa Clara County are heard at the Palo Alto Courthouse located at 270 Grant Avenue in Palo Alto, California.  The court is located near the University of California and there are several restaurants and coffee shops within walking distance.  Parking is generally free for two hours in an open parking lot across the street, but there is limited pay parking spaces in the court parking lot.  Felony DUI arrests in North County are usually heard in San Jose.  This courthouse typically hears DUI cases from Mountain View, Santa Clara,  Palo Alto,  Milpitas and Sunnyvale.  The Clerk's Office can be reached at (650) 462-3800.

Driving under the influence arrests in Palo DUI involve two distinct cases: a criminal case and an Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office at 595 Showers Drive in Mountain View.  A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest.  The Temporary License is usually a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court.  If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest.

Upon release from jail or custody you will be given a citation or notice to appear in court at some future date.  If your case involved injuries or a felony enhancement, you may be held in custody until your court date unless you post a bail bond.  If your arrest is a first offense DUI misdemeanor, it's likely and advisable that your DUI attorney appear at this hearing on your behalf a pursuant to the authority of Penal Code Section 977.  This hearing is your arraignment.

The arraignment is the first hearing in a DUI case and the purpose is to advise the defendant of the charges, provide initial case discovery, i.e. police reports, blood results, etc., to defense counsel.  Additionally, the judge may be asked to impose release conditions like attending AA meetings or wearing an ankle monitor while the criminal case proceeds.  The court will then schedule your case for a "Pre-Trial Conference."  

The Pretrial Conference is likely the first hearing that a DUI defendant might actually attend.  The purpose of this hearing is to conference with the district attorney about the case generally, inquire about outstanding discovery or investigation, discuss possible immigration and/or employment consequences and ultimately discuss possible settlement of the case.  A settlement offer is typically conveyed and the client either accepts the offer, continues the Pretrial Conference or sets the case for jury trial and/or motion hearing. Continuances are by far the most common outcome of Pretrial Conferences and this is particularly true in Palo Alto.   It's important for your attorney to know just how far a case should go before a settlement offer is accepted.

District Attorney's in Palo Alto are very busy and it seems like everyone in the court is glad to kick the can down the road.  Often this is good for Palo Alto DUI clients as time can make the settlement offer more favorable, but it can also be frustrating for clients who want to accept responsibility for their DUI case early on.  Nevertheless, the district attorneys in Palo Alto generally have a lot of discretion and will take into account the unique facts and situation oof the client, especially for immigration consequences. 

If a case has to go to jury trial, I've found that both the district attorney and judges in Palo Alto are more often willing to extend better settlements than actual go to trial.  If the trial does proceed, however, Palo Alto juries are prone to convictions and the sentencing judge can be rather harsh.  I think sentences are generally better in Palo Alto over San Jose, but it still really depends on the DUI case.

RECENT PALO ALTO DUI CASE RESULTS

Santa Clara County Palo Alto DUI .13% BAC First Offense DUI

Outcome DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING, 1 Year DUI Probation, $1,600 Fine, 3 Month DUI School, 1 MADD Class, 4 Days Weekend Work

Description Client was stopped by the Sunnyvale Police Department after he was observed weaving and driving erratically. Client submitted to field sobriety tests, but refused the PAS test. He was then arrested and had his blood drawn which returned a result of .13% BAC. Today, we settled client's case for a DISMISSAL OF THE DUI CHARGES in exchange for a plea to the reduced charge of "Reckless Driving". Client sentenced to 1 year informal probation, Fine of $1,600, 3 Month DUI School, 1 MADD Class and 4 days of weekend work in lieu of jail.

Santa Clara County Palo Alto DUI .23% BAC Second Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted: 4 Years, $2,359 Fine, 18 Month DUI School, 18 Days SWAP & 1 Year IID

Description: Client collided with white line delineators at the exit of US 101 and Middlefield Road. Although there was little damage, the collision was observed by California Highway Patrol Officers (CHP) who immediately began an investigation. Client refused the PAS breath test and ultimately agreed to a blood test which returned a result of .23% BAC. This was client's second DUI in five years and the prior was also in Santa Clara County. Strangely enough, I was able to actually negotiated a BETTER result today for the present case than her other attorney who represented her on her first DUI. Client received the following sentence: 4 years court probation, $2,359 fine, 18 month DUI school, 1 year IID and 18 days of Weekend Work in lieu of actual custody. Pretty good considering her previous DUI attorney negotiated a sentence of 35 days Weekend Work on her first offense. Who you hire really matters!

Santa Clara County Palo Alto DUI  .14% BAC First Offense DUI

Practice Area: Palo Alto DUI and DWI

Date: Aug 03, 2021

Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 1yr Probation, $1200 Fine; 3 Month DUI School; & 96 Hours of Community Service

Description: Client was stopped for speeding by the Palo Police Department. Although he refused the breath test, a later blood test returned a result of .14% BAC. After much negotiation with the district attorney, we successfully settled this case today for a dismissal of the DUI charges in lieu of a plea to the reduced charge of "reckless driving." As a result, his sentence was significantly reduced. Client sentenced to ONE year of informal probation, a fine of approximately $1,200, a 3 Month DUI School and 96 hours of community service. Client opted for a "restricted license" whereby after installation of an ignition interlock device ("IID"), he was able to get a license without any actual suspension.

Santa Clara County Palo Alto DUI .17% BAC First Offense DUI Refusal Enhancement

Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $1949 & 3 Month DUI School w/ 36 Days Weekend Work

Description: Client was detained by the Palo Alto Police Department after he was observed leaving a bar and backing into a parked car while attempting to drive home. Client refused PAS test and subsequently refused to cooperate with the necessary Implied Consent test of either his breath or blood. The police obtained a search warrant and force-ably obtained a blood sample which was later analyzed with a result of .17% BAC. Client subsequently charged with DUI with additional enhancements for excessive BAC greater than .15% and refusal of chemical test. Today we settled case for what the client wanted. The DUI charges and enhancements were DISMISSED and the case reduced to Reckless Driving ("wet"). Client sentenced to three years probation, fine of $1,948, 3 month DUI school and approximately 36 days of weekend work in lieu of actual jail. License not suspended from criminal case and DMV hearing remains pending.

Santa Clara County Palo Alto DUI .26% BAC First Offense DUI High BAC Enhancement

Practice Area: Mountain View DUI and DWI

Date: May 13, 2019

Outcome: Probation Granted: 3 Years, Fine $1950, 9 Month DUI School & 8 Days SWAP

Description: Client arrested by Mountain View Police Department for DUI after being observed driving without headlights. Blood Test returned a result of .26% BAC. Settled case today for Probation Granted: 3 Years, Fine $1950, 9 Month DUI School & 8 Days SWAP.

Santa Clara County Palo Alto DUI .13% BAC First Offense DUI Collision

Outcome: Probation Granted: 3 Years, $1950 Fine, 3 Month DUI School & 5 Days SWAP

Description: Client arrested for DUI by Mountain View Police Department after being involved in a collision. Breath tests of .13% and .12% BAC. Settled Case today for Probation Granted: 3 Years, $1950 Fine, 3 Month DUI School & 5 Days SWAP.

Santa Clara County Palo Alto DUI .09% BAC First Offense DUI

Outcome: DMV HEARING SET ASIDE: NO SUSPENSION: DUI CHARGES DISMISSED

Description: Client stopped and arrested by CHP for DUI. Refused PAS test but blood test returned a .09% BAC. We won the DMV hearing and after a year and half of hearings, finally convinced the DA to reduce the DUI to reckless driving.

Santa Clara County Palo Alto DUI .23% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3 Years, $1949 Fine, 9 Month DUI School & 14 days SWAP.

Description: Client arrested for DUI by Mountain View Police Department after being involved in a multiple vehicle collision. Blood test returned result of .23% BAC. Settled today for Probation Granted: 3 Years, $1949 Fine, 9 Month DUI School & 14 days SWAP.

Santa Clara County Palo Alto DUI .11% BAC Second Offense DUI Collision

Outcome: Probation Granted: 4 Years, Fine $1950, 18 Month DUI School & 184 hours of Community Service

Description: Client arrested by CHP for DUI after being involved in collision. Client had previously been convicted of DUI. PAS .14% and .12% BAC with later Blood Test of .11% BAC. Settled case today for Probation Granted: 4 Years, Fine $1950, 18 Month DUI School & 184 hours of Community Service.

Santa Clara County Palo Alto DUI First Offense DUI Refusal Enhancement

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client arrested by Santa Clara County Sheriff and subsequently refused all chemical tests. Settled case today for dismissal of DUI charge and refusal for plea to Reckless Driving and sentence of 3 years probation, fine of $1,900, 9 month DUI School and 300 hours of community service.  DMV suspended clients drivers license for one year.

Santa Clara County Palo Alto DUI .12% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client stopped by CHP after nearly colliding with the patrol vehicle following a concert at Shoreline. PAS test came in a .12% BAC on both tests and later breath test a .10% BAC on both tests. After much effort, we convinced the DA to reduce the offense to reckless driving for two years probation, fine of $1,900, 3 month DUI School and 192 hours of community service.

Santa Clara County Palo Alto DUI .17% BAC Second Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3 years, $1,950 fine, 18 month DUI School, 14 SWAP

Description: I'm not happy to be representing the same client twice, although I am flattered that he didn't hesitate to call me again. Settled a bad case today in Palo Alto where client was stopped by CHP for weaving and PAS test came in .17% BAC and Blood test at .17% BAC. Client had prior DUI that I got reduced to reckless driving in 2011. Settled case today for probation and no actual jail.

Santa Clara County Palo Alto DUI .11% BAC First Offense DUI Hit & Run Collision

Outcome: DUI & Hit & Run Charges Dismissed: Case Reduced Reckless Driving

Description: Minor hit and run collision. PAS: .10% and .11%; BREATH: .08%, .08%. 3 years probation; $2,200 fine, 3 month DUI School, 19 days community service, 30 days license suspension and five months restriction.

Santa Clara County Palo Alto DUI .10% BAC Second Offense DUI JURY TRIAL

Outcome: DUI DISMISSED for PUBLIC INTOXICATION ($200 FINE)

Description: Not every DUI case settles and sometimes a balancing of the cost and risk factors leads a client to exercise their Constitutional Right to a Jury Trial. Client was stopped by Mountain View Police for making a prohibited left turn in the early morning hours of a deserted residential neighborhood. Client submitted to Field Sobriety Tests, in which he performed excellent. Client was nevertheless compelled to blow into a PAS device and a result of .10% put the nail in the coffin of his DUI arrest. At the station, client submitted to two additional breath tests with results of .09% and .08% BAC. Client had previously been convicted of DUI about five years ago, so the Santa Clara County District Attorney's Office wanted a literal pound of flesh to settle the case. Client could not take a misdemeanor conviction that included any kind of probation, so the case was set for trial. I appeared on three different dates for trial, every time dealing with a brand new District Attorney. Finally, today, we settled the case for a highly favorable result: ALL DUI CHARGES DISMISSED. Client plead "no contest" to a misdemeanor violation of Penal Code Section 647(f) (PUBLIC INTOXICATION) for NO PROBATION and $200 fine. Client's license, however, suspended administratively by the DMV for one year. I don't believe in setting DUI cases for jury trial unless we're justified in doing so. Although about 90% of DUI cases resolve in the Pre-Trial phase of the case, it's good to know that when you do set a case for trial, the District Attorney respects your DUI lawyer enough to dismiss the charges!

Santa Clara County Palo Alto DUI .09% BAC First Offense DUI

Outcome: DUI Dismissed. Case Reduced to Reckless Driving

Description: Client was an out of state visitor who was pulled over by the Mountain View Police Department for weaving and remaining stopped at a green light. Client had consumed some alcohol before driving but his subsequent blood test came back a .09% BAC. The difference between a DUI and a reduction to Reckless Driving is huge, but especially so for an out of state defendant in the notoriously conservative Santa Clara County. Not deterred, we successfully settled the case today for a dismissal of the DUI and a plea to reckless driving. Client received three years of informal court probation, fine of about $1,400 and a three month DUI school which he can do online. Because of the reduction, client received NO JAIL or SWAP and didn't have to return the 3000 miles from his home state once to appear in this case. I'm sure he learned a valuable lesson and all is well that ends well.

Santa Clara County Palo Alto DUI .13% BAC First Offense DUI

Outcome: Probation Granted: Three Years Probation, Fine $1,904, Three Month DUI School & 5 SWAP

Description: Client was stopped by Mountain View Police Department after allegedly observed making an illegal U-Turn. Subsequent DUI investigation returned a blood result of .13% BAC. Although the facts of the case were bad for us, we successfully managed this case for the client was was very busy with work and allowed him to drive as long as possible. After managing the case for nearly six months, today we resolved the case (in spite of the court room fire alarm) for the minimum offer or three years informal court probation, fine of $1,904, five days community service through the Weekend Work Program, three month DUI school and client's license suspended for thirty days and restricted for five months with an SR22 in effect. Although we would have hoped for better, the result is to be expected considering the general nature of DUI cases in Santa Clara County.

Santa Clara County Palo Alto DUI .12% BAC First Offense DUI

Outcome: Probation Granted: Fine of $1,876, 5 SWAP, 3 Month DUI School; NO JAIL

Description: Client stopped by campus police for driving without headlights. Subsequent DUI investigation revealed breath tests of .12%. I successfully managed client's case allowing her to travel overseas and settle the matter for minimum sentence in Santa Clara County: three years informal probation, fine of $1,876, three month DUI school, and five days SWAP in lieu of actual jail. Client's license suspended for thirty days and restricted for five months.

Santa Clara County Palo Alto DUI .12% BAC First Offense DUI

Outcome: Probation Granted, $1,854 fine, 3 Month DUI School, 5 SWAP

Description: Client was stopped as a concerned citizen reported her to police as being a suspected drunk driver. Client blew a .12% BAC and performed poorly on field sobriety tests. Successfully negotiated a disposition of case for three years informal court probation, fine of $1,854, three month DUI school and 5 days of SWAP in lieu of jail. License suspended for thirty days and restricted for five months with an SR-22.

Santa Clara County DUI Probation Violation

Outcome: PROBATION REINSTATED & NO PENALTY

Description: Client suffered a DUI conviction in 2009 in Palo Alto. She was represented by a friend and not a DUI lawyer. She subsequently failed to complete her SWAP requirements and the First Offender Program and warrant was issued for her arrest. I was retained to deal with the warrant and get her probation reinstated. I immediately appeared in the Superior Court and had the warrant recalled for the client. I subsequently appeared in Department 87 for the hearing on the probation violations. I discussed the case with the District Attorney and he agreed to reinstate her probation with NO PENALTY. This was an amazing result as Santa Clara County is notorious for harsh sentences.

Santa Clara County Palo Alto DUI .14% BAC Third Offense DUI Driving on Suspended License CVC 14601.2

Outcome: Probation, fine, 18 month school, 69 days Jail

Description: Palo Alto third Offense DUI settled today for a plea and admission to two priors. Client's most recent prior came from 2008 in Santa Cruz meaning that she was additionally charged with a Vehicle Code section 14601.2 (driving on a suspended license). BAC was a .14% breath test case. Serious case settled for three years of informal probation, ignition interlock device, fine of $1,760 and only 68 days of jail (minimum on third offense is 120). Santa Clara County is a tough spot to get a third offense. Case settled in Department 89 which has yet to formally replace Judge Monahan.

Santa Clara County Palo Alto DUI .15% BAC First Offense DUI High BAC Enhancement

Outcome: Special Allegation Stricken/ NO SWAP

Description: Settled a high BAC (.15%) DUI in Palo Alto for first offense resolution. High BAC enhancement stricken. Out of state client (New York) never had to appear in court entire case managed on his behalf. Three years probation, fine of $1,725, 40 hours of community service in NY state and three month DUI school done via correspondence out of Walnut Creek.

Santa Clara County Palo Alto DUI .16% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT STRICKEN, Probation, Fine, SWAP

Description: Settled a high BAC driving under the influence of alcohol case for minimum Santa Clara County sentence in the Northern Court in Palo Alto. Client received three years of probation, fine of $1,800, three month DUI school and five days of weekend work. California Driver's License suspended for thirty days and restricted for five months.

Santa Clara County Palo Alto DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: DUI DISMISSED & DMV SET ASIDE

Description: Client charged with driving under the influence after blowing .17% BAC. Only problem was that client wasn't driving and was actually asleep in his car. District Attorney reduced case to drunk in public for two years of probation, fine of $475 and thirty AA meetings. Won the DMV hearing in Santa Clara with Hearing Officer Huang thus avoiding any license suspension which would have required completion of a DUI school and SR22 insurance.

All "South County" DUI arrests in Santa Clara County are heard at the Morgan Hill Courthouse located at 301 Diana Avenue in Morgan Hill California.   Parking is generally available and free in the court parking lot.  There's not many good options for food or coffee within walking distance of this courthouse.  Felony DUI arrests in South County are usually heard in San Jose.  This courthouse typically hears DUI cases from San Martin, Morgan Hill and Gilroy areas. Clerk's Office can be reached at (408) 695-5000.

Driving under the influence arrests in Morgan Hill involve two distinct cases: a criminal case and an Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office at 90 Great Oaks Blvd. in San Jose.  A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest.  The Temporary License is usually a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court.  If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest.

Upon release from jail or custody you will be given a citation or notice to appear in court at some future date.  If your case involved injuries or a felony enhancement, you may be held in custody until your court date unless you post a bail bond.  If your arrest is a first offense DUI misdemeanor, it's likely and advisable that your DUI attorney appear at this hearing on your behalf a pursuant to the authority of Penal Code Section 977.  This hearing is your arraignment.

The arraignment is the first hearing in a DUI case and the purpose is to advise the defendant of the charges, provide initial case discovery, i.e. police reports, blood results, etc., to defense counsel.  Additionally, the judge may be asked to impose release conditions like attending AA meetings or wearing an ankle monitor while the criminal case proceeds.  The court will then schedule your case for a "Pre-Trial Conference."  

The Pretrial Conference is likely the first hearing that a DUI defendant might actually attend.  The purpose of this hearing is to conference with the district attorney about the case generally, inquire about outstanding discovery or investigation, discuss possible immigration and/or employment consequences and ultimately discuss possible settlement of the case.  A settlement offer is typically conveyed and the client either accepts the offer, continues the Pretrial Conference or sets the case for jury trial and/or motion hearing. Continuances are by far the most common outcome of Pretrial Conferences and this is particularly true in Morgan Hill.   It's important for your attorney to know just how far a case should go before a settlement offer is accepted.

District Attorneys in Morgan Hill  are very busy and it seems like everyone in the court is glad to kick the can down the road.  Often this is good for Morgan Hill DUI clients as time can make the settlement offer more favorable, but it can also be frustrating for clients who want to accept responsibility for their DUI case early on.  Nevertheless, the district attorneys in Morgan Hill generally have a lot of discretion and will take into account the unique facts and situation oof the client, especially for immigration consequences. 

If a case has to go to jury trial, I've found that both the district attorney and judges in Morgan Hill are more often willing to extend better settlements than actual go to trial.  If the trial does proceed, however, Morgan Hill juries are prone to convictions and the sentencing judge can be rather harsh.  I think sentences are generally harsher in Morgan Hill over San Jose, but it still really depends on the DUI case.

RECENT MORGAN HILL DUI CASE RESULTS

Santa Clara County Morgan Hill DUI .18% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED: 3yr Probation; $1,949 Fine; 3 Month DUI School & 2 Days SWAP

Description: Client was a San Francisco resident who was driving a motorcycle in Morgan Hill after a party. Client crashed his bike, but was uninjured and decided to continue his long drive back to the City. Before he could get very far, Client was stopped by the Morgan Hill Police Department for speeding. Client submitted to two PAS breath tests with result of .13% BAC. Client was arrested for DUI and later chose a Blood Test. The blood returned a result of .18% BAC which now exposed client to an enhanced DUI for excessive BAC. Today, we efficiently settled this case for a standard DUI with actually exceptional result. Client sentenced to three (3) years informal court probation, fine of $1,949, a 3 Month DUI School and only two (2) days of Weekend Work (in San Francisco) in lieu of any actual jail time. Client's license suspended for 30 days and restricted to work related driving for five (5) months. This too was exceptional as if the court ordered a longer DUI school as they often do in cases like this, client would have been exposed to longer license suspension and even an Ignition Interlock Device ("IID") requirement.

Santa Clara County Morgan Hill DUI .12% BAC First Offense DUI

Outcome: Case Minimized, Probation, Fines, SWAP & School

Description: Settled a first offense DUI .12% BAC  blood test case in Morgan Hill for three years of probation, fine of $1580, 3 month DUI school and 5 days of SWAP. License suspended for 30 days and restricted for 5 months.