DUI

Based in San Jose · Serving Santa Clara & Alameda Counties

Protecting your rights from the first call to trial. We challenge stops, chemical tests, field sobriety evidence, and DMV suspensions to give you the strongest defense possible.

About DUI Cases In California

A DUI in California is two cases at once: a criminal case in court and an administrative case at the DMV. Each runs on its own track with separate deadlines and procedures.

The 10-day window after arrest to request a DMV hearing is the most time-sensitive item in any DUI case. Vijay Law defends both tracks with attention to license preservation, dismissal opportunities, and charge reduction options that protect employment and immigration status.

WHAT'S AT STAKE

License Suspension

DMV And Court Suspensions Run On Separate Tracks

Professional Licensing

Disclosure Requirements For Regulated Professions

Jail Or Probation

First-Offense Penalties Vary By Circumstances

Employment

Background Checks And Commercial Driving Restrictions

Insurance Rates

SR-22 Requirements And Rate Increases For Years

Permanent Record

DUI Convictions Are Priorable For 10 Years

Immigration Status

Multiple DUIs Or DUI With Injury Affect Visa Renewals

How Vijay Law Approaches DUI Defense

License Defense From Day One
The DMV process moves faster than the criminal case. We request the DMV hearing immediately to preserve driving privileges and challenge the administrative suspension on its merits — a separate proceeding that many defense lawyers ignore until it is too late.
Chemical Test And Procedure Challenges
DUI cases turn on the chemical test. We challenge Title 17 compliance, breath test calibration, blood draw chain of custody, and the timing of the test relative to driving. Rising-BAC and absorption defenses are often available.
Reduction Strategy
Even when conviction is likely, the disposition can usually be negotiated. Wet reckless, dry reckless, exhibition of speed, or dismissal-with-traffic-school options can eliminate the DUI label and the worst consequences.
Trial-Ready In DUI Cases
When the case should be tried, it is tried with full criminal jury trial preparation. The credibility of officer testimony, the science of chemical testing, and the narrative of the stop are all developed for trial presentation.

Explore DUI Topics

Frequently Asked Questions

Is it worth fighting a DUI case?

Yes. DUI cases have real defenses: challenges to the stop and detention, the field sobriety tests, the chemical test administration, Title 17 compliance, no-drive defense, and rising-BAC defense among them. Even when a conviction appears likely, the disposition can often be negotiated significantly to a wet reckless, dry reckless, or other reduced charge. Not fighting the case and simply pleading at arraignment forecloses these options.

There are two separate license tracks. The DMV imposes an administrative suspension automatically unless a hearing is requested within 10 days of arrest. The court can also order a suspension on conviction. The 10-day DMV deadline is the most time-sensitive item after a DUI arrest. If you win your DMV hearing and you are not convicted of a DUI, your license will not be suspended.

Every case is different. The attorney fee will depend on whether the case is a misdemeanor or felony, prior offenses, refusal allegations, immigration considerations, and whether the case goes to trial. Call Vijay Law for a consultation about your specific DUI case.

California’s implied consent law triggers an automatic one-year license suspension for a first-offense refusal, longer for priors. The refusal is also admissible at trial as consciousness of guilt. The pre-arrest preliminary alcohol screening (PAS) test and field sobriety tests are different from the post-arrest evidentiary chemical test in that only refusal of the post-arrest evidentiary test triggers the implied consent penalty.

A single misdemeanor DUI generally does not trigger automatic deportability or inadmissibility, but multiple DUIs, DUI with injury under VC 23153, or DUI combined with other factors can. Naturalization can be delayed by recent DUI under the good moral character analysis and non-citizens can expect to minimally face delays, RFE requests, and secondary screenings when attempting to re-enter the country. Non-citizens facing DUI charges should ensure immigration consequences are considered at the earliest possible time to preserve their immigration status.

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Serving Client's Throughout The Bay Area

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Phone Number: (408) 275-2307

Office: 255 North Market Street, Suite 280, San Jose, CA 95110

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