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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.

County seat: San JoseServing: San Jose, Sunnyvale, Santa Clara, Mountain View, Palo Alto, GilroyLast updated September 29, 2026

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 95110

    Most criminal cases, including misdemeanor arraignments.

  • Criminal court

    Palo Alto Courthouse

    270 Grant AvenuePalo Alto, CA 94306

    Criminal cases from the northern part of the county.

  • Criminal court

    South County Courthouse

    301 Diana AvenueMorgan Hill, CA 95037

    Criminal and traffic cases from South County.

  • DMV hearing

    San Jose Driver Safety Office

    90 Great Oaks Boulevard, Suite 104San Jose, CA 95119

    Request your hearing within 10 days by calling the number on that notice.

Your first days after an arrest

  1. Request your DMV hearing

    Within 10 days, or your suspension starts when your 30-day temporary license runs out.

  2. Find your court date

    Check your citation or release paperwork for your arraignment date and courthouse.

  3. Write down what happened

    The stop, the tests and what was said, while it's still fresh.

  4. 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

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
Full California guide →

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.