Santa Clara County, California · DUI
DUI in Santa Clara County
What happens after a DUI arrest in Santa Clara County, where your case will be heard and the deadlines that matter in your first days.
Where your case is handled
The courthouse for your case is printed on your citation.
Criminal court
Hall of Justice
190 West Hedding StreetSan Jose, CA 95110Most criminal cases, including misdemeanor arraignments.
Criminal court
Palo Alto Courthouse
270 Grant AvenuePalo Alto, CA 94306Criminal cases from the northern part of the county.
Criminal court
South County Courthouse
301 Diana AvenueMorgan Hill, CA 95037Criminal and traffic cases from South County.
DMV hearing
San Jose Driver Safety Office
90 Great Oaks Boulevard, Suite 104San Jose, CA 95119Request your hearing within 10 days by calling the number on that notice.
Your first days after an arrest
Request your DMV hearing
Within 10 days, or your suspension starts when your 30-day temporary license runs out.
Find your court date
Check your citation or release paperwork for your arraignment date and courthouse.
Write down what happened
The stop, the tests and what was said, while it's still fresh.
Talk to a DUI defense attorney
A local attorney can request the DMV hearing for you and review the stop.
Your license: two separate cases
A DUI arrest in California starts two cases that run side by side. You can win one and lose the other, so each needs attention.
DMV · starts at arrest
Administrative suspension
The officer takes your license and gives you a temporary one good for 30 days. Request a DMV hearing within 10 days to challenge the suspension.
If the suspension stands: 4 months for a first offense, 1 year with a prior.
Court · starts when charged
Criminal case
A conviction brings its own suspension, shown in the penalties table on this page. It can overlap with the DMV suspension.
A restricted license, often with an ignition interlock, may let you keep driving.
California DUI penalties
| First offense | Second offense | Third offense | |
|---|---|---|---|
| Jail | Up to 6 months; often little or none with probation | 96 hours to 1 year | 120 days to 1 year |
| Base fine | $390 to $1,000 | $390 to $1,000 | $390 to $1,000 |
| Probation | 3 to 5 years | 3 to 5 years | 3 to 5 years |
| DUI program | 3 to 9 months | 18 to 30 months | 30 months |
| License suspension (court) | 6 months | 2 years | 3 years |
| Ignition interlock | At the court's discretion | Generally required, about 1 year | Generally required, about 2 years |
First offense
- Jail
- Up to 6 months; often little or none with probation
- Base fine
- $390 to $1,000
- Probation
- 3 to 5 years
- DUI program
- 3 to 9 months
- License suspension (court)
- 6 months
- Ignition interlock
- At the court's discretion
Second offense
- Jail
- 96 hours to 1 year
- Base fine
- $390 to $1,000
- Probation
- 3 to 5 years
- DUI program
- 18 to 30 months
- License suspension (court)
- 2 years
- Ignition interlock
- Generally required, about 1 year
Third offense
- Jail
- 120 days to 1 year
- Base fine
- $390 to $1,000
- Probation
- 3 to 5 years
- DUI program
- 30 months
- License suspension (court)
- 3 years
- Ignition interlock
- Generally required, about 2 years
California DUI law at a glance
- BAC limit, 21+
- 0.08%
- First offense license
- 6 months
- First test refusal
- 1 year
- Prior lookback
- 10 years
Santa Clara County DUI FAQ
What happens after a DUI arrest in Santa Clara County, California?
A DUI arrest in California starts two cases that run side by side. You can win one and lose the other, so each needs attention. The officer takes your license and gives you a temporary one good for 30 days. Request a DMV hearing within 10 days to challenge the suspension. If you don't, your license suspension takes effect when the 30-day temporary license the officer gave you runs out.
Where are DUI cases heard in Santa Clara County?
DUI cases in Santa Clara County are heard at these courthouses: Hall of Justice, 190 West Hedding Street, San Jose, CA 95110; Palo Alto Courthouse, 270 Grant Avenue, Palo Alto, CA 94306; South County Courthouse, 301 Diana Avenue, Morgan Hill, CA 95037. The courthouse for your case is printed on your citation.
Is my driver's license suspended after a DUI arrest in Santa Clara County?
The officer takes your license and gives you a temporary one good for 30 days. Request a DMV hearing within 10 days to challenge the suspension. If the suspension stands: 4 months for a first offense, 1 year with a prior. A conviction in the criminal case brings its own suspension: 6 months for a first offense.
What are the penalties for a first DUI in Santa Clara County?
Under California law, a first DUI carries: Jail: Up to 6 months; often little or none with probation. Base fine: $390 to $1,000. Probation: 3 to 5 years. DUI program: 3 to 9 months. License suspension (court): 6 months. Ignition interlock: At the court's discretion. Misdemeanor DUI with no injury. Offenses count as priors if they happened within 10 years. Fines are base amounts; court penalty assessments raise the total cost several times over.
Do I have two separate cases after a DUI arrest in Santa Clara County?
Yes. A DUI arrest in California starts two cases that run side by side. You can win one and lose the other, so each needs attention. Administrative suspension: The officer takes your license and gives you a temporary one good for 30 days. Request a DMV hearing within 10 days to challenge the suspension. Criminal case: A conviction brings its own suspension, shown in the penalties table on this page. It can overlap with the DMV suspension.