DUI Charges
The unthinkable just happened – you’ve been arrested for a DUI. You may feel scared, confused, and in shock. To make matters worse, when you search for answers online, you find a lot of confusing and contradictory information from so-called “DUI experts.” It’s overwhelming.
You probably have a lot of questions right now:
- Should I tell my employer about my DUI?
- What about my insurance – will it skyrocket?
- How long will my license be suspended?
- Will I have to go to jail?
Take a deep breath. The best way to get reliable answers is to consult an experienced DUI lawyer. Having one of Santa Clara County’s top drunk driving attorneys on your side will give you the guidance to make decisions with confidence. We’ve handled thousands of DUI cases – we know what steps to take immediately (for example, to stop the DMV from automatically suspending your license). Our team will put your mind at ease and start building your defense right away.
Patrick Valencia
Senior Partner, Criminal Defense Attorney
Riccardo Ippolito
Partner, Criminal Defense Attorney
Contact Us Today
We’re ready to stand by you 24/7 and fight for you when it matters most.
Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.
For Urgent Matters:
Call: (408) 920-9720 or Toll-Free: 1-877-766-5245
The Real DUI Experts – Why Choose VIB Law?
DUI-Specific Expertise: VIB Law partner Patrick Valencia is considered a state-wide expert on DUI cases. He’s supported by a team who know how police and DAs build DUI cases. We know their tactics, and we know how to counter them.
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Proactive Defense
We don’t wait for court dates – immediately, we guide you on critical steps like requesting the DMV hearing within 10 days (to prevent automatic license suspension). We often get a jump start by gathering video footage (dash-cam/body-cam), police reports, and breathalyzer maintenance records before they disappear.
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Reassurance & Communication
We tell every DUI client: “We’ve been through this process a thousand times. We’ll get you through this and back to your life.” We mean it. We keep you informed at each stage – from DMV hearing to court dates – so you’re never in the dark. Our attorneys are accessible for your questions because we know this is stressful.
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Scientific & Legal Know-how
DUI cases hinge on scientific evidence (breathalyzer results, blood tests) and technical procedures. We have the scientific knowledge to attack the testing process – whether it’s arguing the Breathalyzer had calibration issues, or the blood sample was improperly handled. We also scrutinize the traffic stop and arrest: if police violated your rights (no reasonable suspicion to stop you, improper Miranda warnings, etc.), we move to throw out evidence.
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Track Record
We have secured case dismissals and not-guilty verdicts in many DUI cases. From first-time DUIs with borderline BAC to complex cases involving accidents or multiple priors, our strategies have saved clients’ licenses and freedom. (For instance, as one client testified: “Riccardo saved me from a DUI that would have cost my job” – see below.)
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Comprehensive Approach
A DUI case actually has two battles – DMV and Court. We handle both. We’ll represent you at the DMV hearing to fight the license suspension (and often can appear on your behalf, so you don’t have to attend). In court, we aim to reduce or dismiss the criminal charge. If necessary, we negotiate for alternatives like wet reckless reductions, diversion programs, or minimal penalties, always with your career and record in mind.
Testimonials
Please Note: All testimonials have been anonymized for privacy and sensitivity.
Practice Area: DUI
“Riccardo got my second DUI dismissed and saved my life. I highly recommend him for criminal defense.”
— Former Client
Attorney’s Note: Riccardo Ippolito
Aggressive defense can prevent repeated convictions and preserve client’s future. The Police in this case violated the fourth amendment and stopped our client without probable cause. The Judge agreed with us and granted our motion to dismiss.
Practice Area: DUI
“Riccardo saved me from losing my job after a DUI. Thanks to him, I kept my record clean and employment intact.”
— Former Client
Attorney’s Note: Riccardo Ippolito
Focused defense preserved client’s employment by preventing misdemeanor convictions.
Practice Area: Various Criminal Defense
“I regularly refer cases to Valencia and Ippolito, and clients always report caring and capable service. They handle sensitive criminal defense cases magnificently.”
— Referral Source
Attorney’s Note: Patrick Valencia
Our firm is recognized for professional, empathetic criminal defense work.
Practice Area: DUI
“Great attorney — professional, effective, and willing to work across counties. Positive results and strong client support.”
— Former Client
Attorney’s Note: Patrick Valencia
We deliver effective representation regardless of jurisdictional challenges.
Critical DUI Information: DMV Hearings – How to Avoid Losing Your License
When you’re arrested for a DUI in California, there’s a civil process with the DMV separate from the criminal court process. Here’s what you need to know:
- The officer likely confiscated your driver’s license and gave you a pink “Notice of Suspension” (which serves as a temporary license for 30 days).
- You have only 10 days from the arrest to request a DMV Administrative Per Se hearing. If you don’t, your license will be automatically suspended after 30 days. We take care of requesting that hearing for you immediately when you hire us.
- The DMV hearing is tough – it’s run by a DMV officer, not a judge, and they act as both “judge” and “prosecutor.” The standard of proof is lower than court. But it’s still worth fighting: even if we can’t outright win, having the hearing can delay the suspension (giving you more time to drive legally) and allows us to gather evidence (we subpoena the police officer to testify, which can reveal weaknesses in the case).
- Our DMV Strategy: We often treat the DMV hearing as a “free shot” to cross-examine the arresting officer (like a mini deposition). Under oath, the officer may reveal inconsistencies or lack of evidence, which later helps in court. In some cases, we catch serious police mistakes (like incorrect admonitions about tests) that lead the DMV to set aside (cancel) the suspension.
- Even if the DMV upholds a suspension, we frequently secure a restricted license for you so you can drive to work/school after a short suspension period. We also often can shorten the actual suspension by negotiating enrollment in DUI school, etc.
California DUI Penalties: 1st, 2nd, 3rd, 4th Offense
For reference, here’s how DUI penalties escalate in California:
- First DUI: Typically charged as a misdemeanor. Penalties include 48 hours to 6 months in jail (often reduced to community service), fines around $1,800–$2,000, a 6-month license suspension with possible restricted or IID license, 3 months of DUI school, and 3–5 years informal probation.
- Second DUI: If convicted within 10 years, penalties increase to 96 hours to 1 year in jail, higher fines ($2,000+), 3-year license suspension (restricted or IID license possible after 1 year), 18–30 months of DUI school, and 3–5 years probation.
- Third DUI: Charged as a felony or misdemeanor depending on circumstances. Jail time ranges from 120 days to 1 year; fines exceed $2,500; 3-year license revocation with earlier IID eligibility; 30-month DUI school; and designation as a habitual offender.
- Fourth DUI (Felony DUI): Felony charge for a 4th offense or if there are 3 prior DUIs within 10 years. Punishable by 16 months to 3 years in state prison, higher fines, 4-year license revocation, and felony conviction consequences.
- DUI Causing Injury: Charged as a felony if the DUI causes bodily injury. Penalties include state prison, heavy fines, and long probation.
- DUI Causing Death: Can lead to vehicular manslaughter or DUI murder charges. These carry severe prison sentences and lifelong consequences.
Contact Us Today
We’re ready to stand by you 24/7 and fight for you when it matters most.
Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.
For Urgent Matters:
Call: (408) 920-9720 or Toll-Free: 1-877-766-5245
Frequently Asked Questions Regarding Driving Under the Influence
After a DUI Arrest
Understanding DUI Charges
DUI Court Process & Defenses
DUI Penalties and Sentencing
DUI Appeals & Post Conviction Options
Contact Us Today
We’re ready to stand by you 24/7 and fight for you when it matters most.
Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.
For Urgent Matters:
Call: (408) 920-9720 or Toll-Free: 1-877-766-5245