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DWI / DUI Lawyers in San Jose, CA

Compare DWI / DUI lawyers in San Jose, CA — ratings, reviews and contact details.

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Criminal Law36

Arrests, DWI, drug and assault charges

Family Law53

Divorce, custody, child and spousal support

Personal Injury43

Car, truck and work accidents, malpractice

Get help from a DWI / DUI lawyer in San Jose, CA

A DWI / DUI lawyer challenges the stop, the breath or blood test and the arrest procedure, and fights to protect your license — which can be suspended quickly unless you act within days.

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Have you handled this exact charge in San Jose, CA courts?
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Can this be reduced, dismissed or kept off my record?
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20 attorneys in San Jose, CA

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CGM Local in San Jose, CA

Magdalena Law Group

·San Jose, CA·Attorneys

Magdalena Law Group provides personalized, professional legal guidance for a wide range of family law matters, including

California DWI / DUI guides

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Plain-English guides to the law. General information, not legal advice.

Challenging Breath-Test Evidence in California

California DUI breath-test results can be challenged on calibration, maintenance, operator error, mouth alcohol, and machine reliability — successful challenges have led to thousands of dismissals nationally.

CDL DUI in California

California commercial driver's license (CDL) holders face stricter DUI rules — 0.04% BAC limit (half of regular drivers) plus career-ending consequences for ANY DUI in any vehicle.

Drugged Driving (DUID) in California

California drugged driving (DUID) covers driving impaired by drugs — illegal, prescription, or even legal substances. Marijuana legalization complicates many California DUID cases.

DUI Causing Injury or Death in California

California DUI with injury or death is a felony — typically charged as aggravated DUI, vehicular assault, or vehicular manslaughter. Prison time is mandatory in most cases.

DUI Expungement / Sealing in California

California DUI expungement varies dramatically — some states allow sealing / expunging DUI convictions, many prohibit. Even where allowed, specific waiting periods + procedures apply.

Felony DUI in California

California elevates DUI to felony for: 4th DUI within 10 years . Felony DUI sentence: 16 mo, 2, or 3 yrs in state prison; 4-10 yrs for injury.

DUI First Offense Penalties in California

A first-offense DUI in California carries real consequences — license suspension, fines, possibly jail, and an ignition interlock requirement. California's legal BAC limit is 0.08, and the offense is a misdemeanor — escalates to a felony if injury or 4+ priors in 10 years.

DUI License Suspension Hearings in California

California DUI license suspension hearings (administrative) are SEPARATE from criminal proceedings — typically have 7-30 day deadline to request, lower burden of proof, but can save your license.

Out-of-State DUI for California Drivers

California drivers arrested for DUI in another state face dual-state consequences — must defend in arrest state, but home state shares info via Driver License Compact + may impose additional license penalties.

Refusing the Breath Test in California

California implied-consent law: refusing a breath / blood test triggers automatic license suspension (1 year (1st refusal)) regardless of DUI outcome. Criminal refusal: Refusal sentence enhancement adds 48 hours mandatory jail to DUI sentence.

Second Offense DUI Penalties in California

A second-offense DUI in California carries dramatically harsher penalties than a first — typical: 96 hours minimum, up to 1 year (5 years probation typical), 2 years suspension; iid for 1 year required. Lookback period: 10 years.

Attorneys near San Jose

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Frequently Asked Questions

How long do I have to save my license after a DWI arrest in San Jose, CA?

Often only days — many states require you to request an administrative hearing within 10–15 days of the arrest. Call a DWI lawyer right away.

Can a breath test be challenged?

Yes. Device calibration, how the test was given and the reason for the stop can all be challenged.

Should I talk to the police before I have a lawyer?

You have the right to stay silent and to ask for a lawyer. Politely say you want to speak with an attorney before answering questions.

How soon should I hire a criminal defense lawyer in San Jose, CA?

As soon as you're charged or know you're being investigated. Early help can affect bail, evidence and whether charges are filed at all.

Can a criminal charge be dismissed?

Sometimes — for weak evidence, an illegal stop or search, or through programs like pretrial diversion. A local defense lawyer can tell you what's realistic for your case.

How many DWI / DUI lawyers are listed in San Jose, CA?

There are currently 20 DWI / DUI lawyers listed in San Jose, CA on CGMIMM.