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

REQUEST A FREE CONSULTATION

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.

  • 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.

  • 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.

  • 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.

  • 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.)

  • 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

REQUEST A FREE CONSULTATION

 
 
 
 
  EXCELLENT  
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 Based on 326 reviews 
  
 
 
 
 
 
 
 
 
 
 
 
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 Marisela Zepeda 
 
August 14, 2026
 
 
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I hired him for my DUI case and he was very helpful and very understanding on what I was hoping to achieve in my case.
  
 
 
 
 
 
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 anonymous 
 
October 31, 2025
 
 
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Everything is possible.
Thank you very much for your help Valencia. A very good lawyer, thank you very much for helping me with my DUI problem
  
 
 
 
 
 
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 Fernando Rivera 
 
July 8, 2025
 
 
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Got arrested for a DUI, the team at VIB Law and Patrick Valencia were able to get it down to a wet reckless. They reassured everything was gonna be alright and they were correct! Thank you VIB Law!
  
 
 
 
 
 
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 anonymous 
 
October 7, 2022
 
 
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First time DUI
Patrick was professional, calm, and thoughtful in navigating my case and getting my DUI downgraded to a much more favorable plea. I cannot thank him enough.
  
 
 
 
 
 
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 Annie L. 
 
February 22, 2020
 
 
 Yelp star 1Yelp star 2Yelp star 3Yelp star 4Yelp star 5Verified 
Hiring these scoundrel attorneys was the worst mistake I have ever made. These unethical scoundrels will ask you to make a large upfront payment and once they have your money you won't hear from them again. I was stressed and worried about spending time in jail due to a DUI and despite my calls and emails none of these three attorneys bothered to get back to me -- not ever a single time. This was strange as all of them had been very responsive -- well, at least until I gave them a fat check and signed the malicious contract they gave me, in which I gave up basic rights. Remember this, do not buy into their unscrupulous B.S., once you pay them you will be doomed.
  
 
 
 
 
 
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 anonymous 
 
December 10, 2014
 
 
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Best lawyer in the BAY AREA
I hired Mr. Ippolito as my lawyer when I got my DUI last year. The day I got my DUI I felt like it was the end of the world because I ran risk of possibly losing my job. I can honestly say that Mr. Ippolito really cares for his clients and wants the best for them. When I met Mr. Ippolito during a consultation, he asked me everything that happened the day I got my DUI. I told him everything that happened and I felt he understood what I was going through and he told me," don't worry it's just a bump on the road, we will take care of it". His words put my mind at ease. He was completely honest on what he was able to do for me. I told him if he could get me a wet reckless and he responded " why a wet reckless?, Why not an infraction?" Mr.Ippolito did what he said and got my DUI down to an infraction. I know everyones case is different but if you want a lawyer who really cares about you and is totally honest with you, then go see Mr. Ippolito. He will get you the best result he can. I rate him the Best, most honest, caring, experienced lawyer in the Bay Area.
  
 
 
 
 
 
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 anonymous profile picture 
 
 
 anonymous 
 
February 26, 2014
 
 
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All bases covered! Genuine, empathetic and direct. Worth every dollar!
One year ago, I was involved in a DUI injury accident. Two people claimed injuries, two cars were damaged and mine was a total loss. I was immediately arrested and taken to jail. I didn't know when I would get out, if ever. Fearing the unknown was the scariest part of it all. I was released within 12 hours, with a court date in three weeks. Like clockwork, I received many letters from attorneys in the mail. Some looked too good to be true, some looked ok and some looked expensive. I considered several until I met with Riccardo Ippolito. From the moment I walked into his office, I was instantly welcomed with a magnitude of support. For the first time since the accident, I felt a little bit of hope. I was escorted into a conference room, shown a video of their team and was supplied with a packet of information of how the court system operates. Several minutes later I met Mr. Ippolito. Professional in appearance, kind smile and a calm demeanor set me at ease. He asked me what happened and took some notes. He answered in minutes, all of the questions that I spent hours desperately researching online. At this point I didn't even know the cost, but I was sure he was the one. I didn't have much funds saved, but luckily I managed to come in with a down payment and made monthly installments after. After following Mr. Ippolito's advice to engage in counseling, meetings, therapy, I had a better understanding of what to expect and how to cope with the consequences. He said I could be looking at six months to two years of jail time but was confident there are other options that might appease the court. The DA trying my case was demanding some jail time and wouldn't budge. After multiple court hearings, and after several meetings between both attorneys and the judge, I was sentenced to thirty days of community service and five months of house arrest. In the end, Mr. Ippolito isn't just there to stand next you in court. He creates opportunities to engage with the judge, where as the unrepresented parties are not skilled to. He knows what to say and more importantly, what not to say. During this process, we had three judges! That's three different personalities that my attorney had to work with. Keep in mind that the judges have heard it all and you are just one of many. Mr. Ippolito and VIB LAW help you stand out among the rest. Not only do you have him as your attorney, you are backed by his entire team (Irlanda is a life saver)! Although I have no intention of needing a criminal defense attorney in the future, it's a relief knowing that Mr. Ippolito is there for me if I need him. Thank you Mr. Ippolito, I couldn't have done it without you!
  
 
 
 
 
 
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 Antonio profile picture 
 
 
 Antonio 
 
July 17, 2013
 
 
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He dismiss my DUI!!!!!
mr. "Riccardo Ippolito i just wanna thank u for dismissing my second DUI thank u so much you safe my life i think your one of the best in the bay area people if he tells u got a good case belive him . thank u again..
  
 
 
 
 
 
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 Jeff W profile picture 
 
 
 Jeff W 
 
April 24, 2013
 
 
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Lifesaver
Mr. Ippolito has done so much to help me and save my livelihood/family. I've had several alcohol related incidents: 3 DUI (within 10 years), and 3 DIP. The minimum for 3rd offense in California is 6 months in jail. In that case, Mr. Ippolito recommended that I go stay in a sober house, be tested regularly for sobriety, and to go to AA meetings. At the end of 5 months of that, Mr. Ippolito asked that I be sentenced to some 6 more months in that house, instead of going to jail, so I could continue to support my family. At the time, 2008, in Santa Clara County, this was UNPRECEDENTED because the TSA/approved program housing had been shut down! I was able to go a private one of my choosing. He lobbied hard, cited jail overcrowding, got AA/sober living house people to write up recommendations for me. If I had gone to jail, I would have lost my very valuable tech job, and probably would have been permanently scarred from that. And that was just one of the times he helped me. He has gotten all of my DIP cases dismissed without my even showing up, though I do have to work hard on my sobriety and getting meeting slips signed. I always mean/want to be sober, but it doesn't always work out, and then I'm in trouble, because I'm alcoholic. The other two DUI's, he got me the minimum weekend work, and I was able again to save my job, and maintain split custody of my children. He worked hard to get me the weekend work program schedule that matched my custody agreement, because my ex refused to budge from that agreement. Lastly, stemming from an overreaching and mostly bogus probation violation, I was arrested for probation violation. Riccardo stood up for me again, and got the minimum sentence: weekend work only. Without him, I probably wouldn't be at a computer typing you. I continue to have a very good job in tech because of him. More than that he has continued to encourage me to attend AA, and get my life together so I don't need him so often. He saved me.
  
 
 
 
 
 
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 Alex profile picture 
 
 
 Alex 
 
April 19, 2013
 
 
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What an excellent job and Criminal Defense Attorney and Staff and Firm!
Having had Riccardo represent me in a recent DUI Trial was great. It was a very “tricky” case, he and his staff (a special thanks to Irlanda) were there every step of the way. I feel I could not have had selected a better Firm and group of professionals to represent me. I am very happy with the amount and quality of the work they did. I highly recommend the VIB Law firm to anyone seeking great defense attorneys and supportive staff. Thanks so much!!!

Frequently Asked Questions Regarding Driving Under the Influence

After a DUI Arrest

What happens to my driver’s license after a DUI arrest in California?
Can I refuse field sobriety tests during a DUI stop?
Can I refuse a breath or blood test after arrest?
How long do I have to request a DMV hearing after a DUI arrest?
What evidence will the police collect during a DUI investigation?

Understanding DUI Charges

What’s the difference between DUI (VC 23152(a)) and driving with a BAC of .08% or higher (VC 23152(b))?
Can I be charged with DUI if my BAC is below .08%?
How does a prior DUI affect a new arrest?
What is a “Wet Reckless” and how is it different from a DUI?
What is DUI with drugs (VC 23152(f)) and DUI combined with alcohol and drugs (VC 23152(g)), and how are they proven?
Are there special BAC limits for commercial drivers or drivers under 21?

DUI Court Process & Defenses

What is the typical court process for a DUI in California?
Can I still drive while my DUI case is pending?
What common defenses are used in DUI cases?
Can expert witnesses help in my DUI defense?
Should I take a plea bargain for a Wet Reckless instead of going to trial?
What happens if I refused a chemical test — will that affect my defense?

DUI Penalties and Sentencing

What are the penalties for a first DUI conviction in California?
What are the penalties for a second DUI?
What are the penalties for a third DUI?
What happens if I’m convicted of a fourth DUI within 10 years?
Will I have to install an Ignition Interlock Device (IID) after a DUI?
How does refusing a chemical test affect DUI sentencing?
Will a DUI stay on my record forever?

DUI Appeals & Post Conviction Options

Can I appeal a DUI conviction in California?
What are the most common grounds for appealing a DUI?
What is the deadline for filing a DUI appeal?
Can a DUI or Wet Reckless be expunged from my record?
What happens if I violate probation after a DUI conviction?

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

REQUEST A FREE CONSULTATION