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The Highest Rated DUI Lawyers in San Jose

Let the top DUI Lawyers in San Jose stop the automatic suspension of your driver's license.

100% Free Consultations 24/7 - Call us now! 
(408) 216-7284

The Highest Rated DUI Lawyers in San Jose

Let the top DUI Lawyers in San Jose stop the automatic suspension of your driver's license.

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Former Prosecuters

H Law Group is filled with battle-hardened attorneys and former prosecutors possessing the inside experience needed to secure the best possible results for your case. We won't leave a stone unturned.

Scientific DMV Defense

A DUI defendant has to face two government entities: the court and the DMV. The DMV can suspend or revoke your driver's license. H Law Group has its Elite DMV Unit dedicated to keeping your license intact.

Long Term Payment Plans

At H Law Group, we understand that you don't budget for a criminal case, and we don't expect you to. That's why we are proud to support our clients from a financial perspective. We now offer payments plans ranging from four to 10 months. No interest.

How DUI's work in San Jose, California.

A complete breakdown of how every step of a DUI works and what you can expect. If you have further questions, we encourage you to check out our DUI Information Center or speak with one of our attorneys.

Part 1. The Arrest/Booking

A Majority of DUI arrests happen after you are pulled over, or an accident occurs. From a legal perspective, two major events happen during this phase: First, you were likely given a chemical test with a choice between a blood test or a breathalyzer. Second, your license was taken from you, and you were given a pink temporary driver's license. Unless you take action immediately, the DMV will automatically suspend your license after 30 days.


Part  2. DMV Hearing

When arrested for a DUI, you face two government entities, the court, and the DMV. The Department of Motor Vehicles will suspend your license automatically after your arrest by state law. This is called "administrative suspension." However, we can fight this if we act quickly. From your arrest, you have ten days to file a request for a hearing with the DMV. Your hearing is your only chance to stop the administrative suspension of your license, and if you miss the deadline, there is no going back.


Part  3. Pre-Trial

During the pre-trial phase of a DUI case, the prosecution must disclose all evidence to the defendant's attorney. As the top DUI attorneys in San Jose, we meticulously review this evidence, known as "discovery," to uncover any technicalities that may benefit our client. We assess whether the defendant's rights were respected, scrutinize the chemical test results, and consider the timing of the test relative to the time of driving. This is where most DUI cases are resolved without going to trial.


Part  4. Trial

Sometimes your lawyer will recommend going to trial. This may be true if the prosecution refuses to bargain or if their case is flawed. A court trial is not necessarily bad, but it's risky because the outcome is all or nothing. Your lawyer's job is to convince the jury that there is doubt about what happened and ideally acquit you. A law firm with a reputation for winning trials is essential because if the prosecutor knows the defense council can't take a case all the way, they may not be willing to negotiate to a lesser charge even if their case is weak.

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Introducing the H Law group

Why H Law Group

At our core, H Law Group is made up of people who care about others. Over the last ten years, we have built an all-star team of lawyers with extensive experience defending and even prosecuting VC 23152 or DUI's. We deliver San Jose highest-rated DUI defense using our experience, massive resources, and court relationships.

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Our motto is that we treat our clients like family. That means there isn't a stone left unturned in our pursuit to diminish the impact a case like this can have on your life.

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Potential Penalties For a DUI

These are the potential minimum and maximum penalties. Your actual penalties could be higher depending on what you are charged with.

1st Time DUI

A first offense DUI in California is a misdemeanor and typically punished by:

  • Penalties & Fee's: $390.00+

  • License Suspension: 6 - 16 months

  • Jail: Up to 6 Months

  • Alcohol Treatment: 3 Months

2nd Time DUI

When convicted of a 2nd DUI in California, the penalties typically imposed by the court are as follows:

  • Penalties & Fee's: $2,000

  • License Suspension: Two years

  • Jail: Minimum of 96 hours

  • Alcohol Treatment: 18-30 months

DUI w/ Refusal

The penalties of refusing a chemical test depend on prior DUI's. Penalties for a first offense could be:

  • Penalties & Fee's: $1,500 - $2,000

  • License Suspension: 1 Year +

  • Jail: 48 Hours +

  • Alcohol Treatment: 6 Months +

3rd Time DUI

When convicted of a 3rd DUI in California, the penalties typically imposed by the court are as follows:

  • Penalties & Fee's: $2,500 to $3,000

  • License Suspension: 3-year Revocation

  • Jail: 120 days to One year

  • Alcohol Treatment: 30 Months+

Felony DUI

The consequences of a Felony DUI vary greatly. However, a few penalties could be:

  • Penalties & Fee's: $1015-5000, plus restitution

  • License Suspension: up to 5 years

  • Jail: 16 months to 16 years

  • Alcohol Treatment: 18 or 30 months

Drug DUI

The penalties for misdemeanor DUI of drugs are the similiar to driving under the influence of alcohol.

  • Penalties & Fee's: $390.00+

  • License Suspension: 6 months

  • Jail: Up to 6 Months

  • Alcohol Treatment: 3 Months

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Proud To Present

Six Benefits of H Law Group


H Law Group has fantastic relationships with local court staff and prosecutors.


Our clients love us because of the excellent quality of service and the fantastic results.


Our team of attorneys is available 24/7. Our dedicated attorneys are here to help you during this difficult time.


Most of the attorneys, paralegals, and staff at H Law Group are multilingual.


The attorneys at H Law Group have extensive experience fighting for their clients.


For DUIs, there are 100+ defenses that we can use to prove that you're not guilty.

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Yelp Reviews From our Family of Clients

The highest rated and most reviewed DUI (VC 23152) and criminal defense firm in San Jose.

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DUI Case
"I met with a few attorneys when I got my DUI and chose this law firm. Jeff was pretty straght forward and to the point. He broke down the way he thought my case was going to work out and surprisingly it turned out the exact way that he said it would.My case was dropped down to a wet reckless and my fines were dropped. Save yourself the time and just call H law group."
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Sean N
DUI Charge
"The H Law Group and their team completely removed the stress and hassle of dealing with the courts and everything else related to the my charge.  They were able to have my charge reduced, and the whole thing went relatively quick, court-wise.  

I was really happen with the result, and would recommend to anyone dealing with a DUI."
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Eduard F
Criminal Charge
"I was referred to this law office through my friends on facebook. I posted and asked for help and two people both recommended H. I checked out their reviews and set up a consultation and hired the firm.
My case was dismissed. I don't know how they got it dismissed but they got my case dismissed. the best criminal defense lawyers"
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Adrian F
Criminal Charge
"Nima and his team really helped me get through this process quickly. Everyone was very professional and went through every detail with me. THANK YOU, GUYS."

Frequently Asked Questions

What Evidence Is There Against Me?

When preparing for your DUI case it’s important to understand the evidence that will be used against you, and how your attorneys will build a defense strategy against it. Evidence pertaining to a DUI case is not as rock-solid as law enforcement would like you to believe. Top criminal defense firms understand this and through experience know the weak points in the prosecution's case.

There are five main types of evidence used in DUI cases:

  1. Driving patterns. Unless the DUI arrest/booking involves an accident, it likely started when an officer noticed erratic or unusual driving behavior and decided to conduct a traffic stop. Weaving, drifting, and driving in two lanes at once are usual patterns police associate with an intoxicated driver, but there are many more. The NHTSA(National Highway Traffic Safety Administration) has a list of over 20 driving patterns that potentially indicate drunk driving and state that these patterns predict an outcome of a DUI with 35% accuracy. Prosecutors will refer to this erratic driving in court as reasonable suspicion for the stop or even evidence of the defendant's level of intoxication. 
  2. Behavior. Once an officer pulls you over they immediately start to look for certain cues that suggest whether or not you’re intoxicated. This includes obvious signs, like bloodshot eyes or the smell of alcohol, but also some inconspicuous ones. For example, fumbling with objects such as your wallet counts as a sign of intoxication.
  3. Field sobriety tests. Officers could ask you to perform “field sobriety tests” (FSTs) where they will evaluate whether you’re behavior is congruent with that of an intoxicated individual. Many have heard of reciting the alphabet backward or walking a line, but there are a plethora of standard tests used. 
  4. Your own statements. What law enforcement really wants is for you to admit you had a drink or were drinking. They could ask you directly, but they could also use sneakier tactics such as asking for example, “How many drinks did you say you had?” You are not required to say anything, but anything you say can be used against you. (Police are not required to read you your rights and remind you of this until they actually arrest you, but they can still use pre-arrest statements against you.) The best policy when dealing with law enforcement is to be polite but not give away any information that could possibly incriminate you. 
  5. Blood, breath, and urine tests. This is often thought to be the gold standard of DUI evidence, but it’s often unreliable, particularly the roadside breath tests. These are portable devices known as PAS or EPAS units. They are imprecise and are preliminary screenings that allow an officer to come to a more informed decision of whether to make an arrest, but PAS evidence is sometimes allowed in court cases as well. The most reliable tests are used post-arrest at a hospital or police station. In California, this is usually a blood test or breath test. Urine tests are used only when the other two are unavailable.
Getting Your License Reinstated

After your driver's license suspension is over, unfortunately, you don't automatically get your driver’s license back. You must take a few actions to get it re-instated.

The first step is to complete all court-imposed penalties of your DUI Conviction. This may include:

  • Serving the full suspension
  • Completing your alcohol treatment
  • Installing an ignition interlock device on your car

Secondly, you will need proof of completing your court-ordered programs. Certificates of completion should have been mailed to you.  You will also need proof your IID(Ignition Interlock Device) was installed.

Third, car insurance is needed. An SR-22 policy is needed after a DUI conviction because you are deemed a high-risk driver. The DMV will require proof and your insurance company is aware of this. You obtain that proof by filing a form SR-22. To file an SR-22:

  1. Reach out to your insurance agent and tell them you need the SR-22. Most insurers are authorized to handle these forms.
  2. Pay the fee for the SR-22. Be sure to shop around as some insurers charge more than others. If you aren’t sure which insurer to use, the California DMV provides an online insurance finder here.
  3. Once the policy is purchased, your insurer will send the SR-22 to the DMV. Ask your insurer to confirm this. 

Lastly, get proof of insurance from your insurer. You should now be eligible to apply for your license reinstatement.

The Reinstatement Process

To apply for your reinstatement, you will need to go to your local DMV and fill out Form DL 44. This cannot be completed online, but you can request to have one mailed to you.  You will pay a fee of $150 and your license reinstatement will be processed.

To save some time at the DMV, you can make an appointment ahead of time.

Can DUI Penalites Be Reduced

There are times when a DUI conviction seems inevitable. This is when you need an attorney the most. A lawyer will work hard to reduce your penalties. The attorney might be able to show mitigating factors that prove you do not deserve the full sentence under the law. Your lawyer can attempt to negotiate with prosecutors in pre-trial hearings for the lightest fines and penalties possible. Attorneys have the knowledge and experience to successfully negotiate with prosecutors and judges in San Jose. These are things that can dramatically increase your penalties or even lead to jail time. Some examples include incredibly high BAC percentages or injuring someone while driving drunk. You need an attorney to help deal with aggravating factors. Your lawyer might be able to explain away some issues or have certain factors removed from the case. In the event your car is taken away, we can help you get a short term car lease in San Jose with companies like Zooomr, Avvis, Enterprise, and others.

A final way a San Jose attorney can help is by negotiating alternative sentences for the DUI charge instead of the traditional fines and jail time. Your lawyer might be able to negotiate mandatory alcohol treatment followed by probation or community service. Your fines might be waived or suspended if you just complete a special driving program. If you want to avoid heavy penalties like jail and thousands of dollars in fines, then you need the help of a good law firm.

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The H Law Group

H Law Group is made up of people that care about people. Our law firm is the last line of defense in the fight against exploitation and injustice.
75 E Santa Clara St, San Jose, CA 95113
+1 (888) 499-4948
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