Second DUI Defense in San Jose
A second DUI in San Jose carries enhanced penalties. Our experienced defense team fights to minimize consequences and protect your driving privileges.
Former Prosecutors Now Fighting For You
- Extensive Santa Clara County Experience
- Former Prosecutor Insights
- Proven Defense Strategies
Second DUI in San Jose: Enhanced Penalties Require Aggressive Defense
A second DUI conviction in San Jose carries significantly harsher penalties than a first offense. California law imposes enhanced punishments for repeat DUI offenders, including mandatory jail time, longer license suspensions, and required ignition interlock devices. The stakes are much higher, and you need experienced legal representation to fight these serious charges.
At The H Law Group, our San Jose DUI defense attorneys are former Santa Clara County prosecutors who understand how the district attorney's office handles repeat DUI cases. We know the enhanced penalty statutes inside and out, and we fight aggressively to challenge prior convictions, negotiate reduced charges, and minimize the impact on your life and livelihood.
Critical Timeline for Second DUI
- • 10 days to request DMV hearing (2-year suspension if missed)
- • Mandatory jail time - minimum 96 hours, up to 1 year
- • Enhanced penalties if within 10 years of first DUI
- • Immediate action required to protect your rights
Enhanced Penalties for Second DUI
Serious Consequences You're Facing
- •Minimum 96 hours to 1 year in county jail
- •Fines from $390 to $1,000 plus assessments (total often $4,000+)
- •2-year driver's license suspension
- •18-30 month DUI program
- •Probation for 3-5 years
- •Mandatory ignition interlock device for 1 year
- •Possible vehicle impoundment
- •Felony charges if within 10 years of first DUI
Don't face these penalties alone. Our former prosecutor team knows how to challenge evidence and negotiate reduced charges.
Challenging Your Prior DUI Conviction
We Can Challenge Enhanced Penalties If:
- • Prior conviction was obtained without proper legal representation
- • Constitutional violations occurred in the prior case
- • Prior plea was not entered knowingly and voluntarily
- • Procedural errors in the prior conviction
- • Prior case involved ineffective assistance of counsel
- • Evidence was improperly obtained in prior case
- • Prior conviction is outside the 10-year enhancement period
- • Prior conviction was from another state with different elements
Aggressive Defense Strategies for Second DUI
How We Fight for Your Rights
Former prosecutor advantage: We know exactly how the prosecution builds their case and where to find weaknesses.
Alternative Sentencing Options to Avoid Jail
Work Furlough Program
- • Serve jail sentence while maintaining employment
- • Return to jail only during non-work hours
- • Preserve income and job security
- • Available for eligible second DUI defendants
Electronic Monitoring
- • House arrest with ankle monitoring device
- • Serve sentence at home instead of jail
- • Maintain family and work responsibilities
- • Court approval required - we advocate for you
Protecting Your Driving Privileges
DMV Administrative Suspension
- • 2-year suspension for second offense
- • Must request hearing within 10 days
- • Separate from criminal court case
- • We fight to save your license
Restricted License Options
- • Ignition interlock device required
- • Drive to work, school, DUI program
- • Available after 90-day hard suspension
- • We help you navigate the process
Why Former Prosecutor Experience Matters for Second DUI
Prosecution Strategy Knowledge
As former Santa Clara County prosecutors, we know exactly how the DA's office handles repeat DUI cases. We understand their enhancement strategies and know where to find weaknesses.
- • Enhanced penalty application procedures
- • Prior conviction verification methods
- • Plea negotiation leverage points
- • Sentencing recommendation factors
Relationship Advantages
Our professional relationships with judges and prosecutors in Santa Clara County often lead to better outcomes for our clients facing second DUI charges.
- • Credibility with decision-makers
- • Access to alternative sentencing programs
- • Effective plea negotiations
- • Realistic case assessments
Don't Wait - Act Now to Protect Your Future
Time is Critical for Second DUI Defense:
Immediate Actions:
- • Request DMV hearing (10-day deadline)
- • Gather all documentation from prior case
- • Don't discuss case with anyone
- • Contact experienced DUI defense attorney
What We'll Do:
- • Challenge prior conviction validity
- • Fight DMV license suspension
- • Negotiate alternative sentencing
- • Explore all defense options
Related Services
Local Court Information
Santa Clara County Superior Court - Hall of Justice
191 N 1st St, San Jose, CA 95113
Second DUI cases require immediate action to prevent license suspension. We have 10 days to request a DMV hearing.