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DUI Lawyer San Jose CA


MICHAEL REHM - (408) 489-2007


San Jose has the third largest urban population in California. Santa Clara County is the state's sixth largest county. More than a thousand miles of roads are patrolled by the Santa Clara County Sheriff's Department, the CHP, and police departments in San Jose, Sunnyvale, Palo Alto, and other communities.

DUI Arrests in Santa Clara County

Prior to the pandemic, San Jose had the third highest per capita arrest rate for driving under the influence (DUI) of California's 15 largest cities. In the most recent year for which the DMV has statistics, there were 4,176 DUI arrests in Santa Clara County. The police arrested 647 drivers in San Jose alone.

The arrest rate in Santa Clara County was 0.3 arrests for every 100 drivers. Notwithstanding the large number of arrests, the arrest rate was lower than the statewide average of 0.5 arrests per 100 drivers.

The police may take a driver arrested for DUI to the Santa Clara County Main Jail for testing and booking. The jail is located at 150 W. Hedding Street in downtown San Jose. Most arrested drivers are released within a few hours.

DUI Prosecutions in Santa Clara County

Arrests for DUI do not inevitably lead to convictions. Attorney Michael Rehm will investigate the facts and evaluate legal defenses that may lead to reduced charges or dismissals.

Cases in Santa Clara County are prosecuted by the Santa Clara County District Attorney's Office. In the most recent year for which the DMV has released statistics, the DA's office obtained a DUI conviction in 75.4% of its cases. In many of those cases, the accused driver was not represented by an attorney and did not contest the charge.

In 9.8% of Santa Clara County cases, the charge was reduced to a “wet reckless,” a form of reckless driving that carries lesser penalties than a DUI. In another 2.5% of cases, the charge was reduced to a less serious traffic offense.

The final 12.4% of accused drivers walked away from a DUI arrest with no conviction at all. In many of those cases, a defense lawyer was able to establish that the police failed to follow correct procedures or that the evidence failed to prove guilt beyond a reasonable doubt.

Santa Clara County DUI Court Proceedings

When an arrested driver requests an administrative hearing within ten days of the arrest, the driver's lawyer will contest the administrative driver's license suspension with the DMV. In most cases, the driver does not need to appear at a hearing.

In most cases, the criminal case is heard at the Hall of Justice located at 190-200 West Hedding Street in San Jose. Depending on the driver's address or place of arrest, a case might also be heard at the Palo Alto Courthouse or the South County Courthouse in Morgan Hill.

The median time from a DUI arrest to disposition in Santa Clara County is 113 days. When a lawyer mounts a vigorous defense, however, the case may take longer to resolve.


San Jose DUI Attorney Michael Rehm provides representation on all drunk driving, DMV, and criminal defense matters throughout Santa Clara County, California. Call (408) 489-2007 for a free consultation.


Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

Bay Area Areas Served

Phone: (831) 431-0986 Areas Served: Santa Cruz, Aptos, Capitola, Watsonville, Salinas, Monterey, Seaside, Carmel, San Francisco, Oakland, Fremont, Hayward, Berkeley, Livermore, Concord, Richmond, Walnut Creek, Antioch, San Rafael, Novato, San Jose, Morgan Hill, Sunnyvale, Santa Clara, Palo Alto, Cupertino, Gilroy, Los Gatos, Napa, Santa Rosa, Petaluma, Fairfield, Vallejo, Vacaville, Dixon, Solano County, San Benito, Daly City, San Mateo, South San Francisco, Redwood City, Belmont, San Carlos, San Bruno, Pleasanton, Union City, San Leandro, Milpitas, Pittsburg, Danville, Rohnert Park and the entire Bay Area.

Northern California Office & Areas Served

333 University Avenue; Suite 200 Sacramento, CA 95825 Phone: (916) 233-7346 Areas Served: Sacramento, Elk Grove, Antelope, Citrus Heights, Carmichael, the friendly confines of Land Park, Folsom, Yolo, Woodland, West Sacramento, Davis, Placerville, South Lake Tahoe, Cameron Park, El Dorado Hills, Auburn, Roseville, Rocklin, Lincoln, Yuba City, Marysville, Wheatland, Colusa, San Joaquin County, Lodi, Manteca, Stockton, Tracy, Lathrop, Modesto, Turlock, Oakdale, Stanislaus County, Humboldt County, Arcata, Mckinleyville, Fortuna, Eureka, Butte County, Oroville, Paradise, Chico, Mendocino, Ukiah, Colusa, Shasta County, Redding, Calaveras, Yreka, Amador, Jackson, Lassen, Susanville, Plumas County, Quincy, Nevada County, Grass Valley, Nevada City, Truckee, Lakeport, Sonora, Madera, Crescent City, Trinity, and all of Northern California.