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San Jose DUI Lawyer

The Santa Clara County court’s rules assign each city in the county to one of three criminal courthouses.

SANTA CLARA COUNTY SUPERIOR COURT

Where a case is filed

Cases that arise in San Jose are filed and heard at the Hall of Justice on West Hedding Street. Arrests in other parts of Santa Clara County can go to Palo Alto or Morgan Hill instead.

The Santa Clara County District Attorney prosecutes DUI cases throughout the county. Our published results include two DMV license cases from 2025 that our records list under the San Jose Driver Safety office.

Our only office is in Los Angeles, at 3810 Wilshire Blvd.

CRIMINAL RULES 3 TO 6

Which courthouse hears your case

 

The court’s rules assign a case by the city where it arose, including nearby unincorporated areas. Rules 5 and 6 name a South County and a North County facility. The court’s criminal courthouses in those areas are in Morgan Hill and Palo Alto. Under Rule 3, the court may still assign any case to any courthouse. If your citation or release papers name a courthouse, that is the one that counts.

Criminal Rule 4

Hall of Justice

190-200 West Hedding Street, San Jose, CA 95110
Criminal Division: (408) 808-6611

  • Cases from Campbell, Los Gatos, Milpitas, Monte Sereno, San Jose, Santa Clara, and Saratoga.
  • The building is open 8:00 a.m. to 5:00 p.m., Monday through Friday.
  • The criminal clerk’s office is open 8:30 a.m. to 3:00 p.m. Monday through Thursday, and 8:30 a.m. to noon on Friday.
  • Criminal courtrooms are in two wings, HOJ East and HOJ West.
  • Paid parking is available in the Civic Center garage across the street.

Criminal Rule 6 (North County Facility)

Palo Alto Courthouse

270 Grant Avenue, Palo Alto, CA 94306
Criminal Division: (650) 462-3810

  • Cases from Cupertino, Los Altos, Los Altos Hills, Mountain View, Palo Alto, and Sunnyvale.
  • The building is open 8:00 a.m. to 5:00 p.m., Monday through Friday.
  • Criminal Division service hours are 8:30 a.m. to 3:00 p.m. Monday through Thursday, and 8:30 a.m. to noon on Friday.

Criminal Rule 5 (South County Facility)

South County Morgan Hill Courthouse

301 Diana Avenue, Morgan Hill, CA 95037
Criminal: (408) 695-5014

  • Cases from Gilroy, Morgan Hill, and San Martin.
  • The building is open 8:00 a.m. to 5:00 p.m., Monday through Friday.
  • The clerk’s office is open 8:30 a.m. to 3:00 p.m. Monday through Thursday, and 8:30 a.m. to noon on Friday.
  • A parking lot is next to the courthouse.

WHO IS INVOLVED

Prosecutor, police, and the DMV

Prosecutor

Office of the District Attorney, County of Santa Clara

The District Attorney’s Misdemeanor Trial Team prosecutes non-felony cases in the San Jose courthouse. It covers crimes in San Jose, Santa Clara, Campbell, Milpitas, and Los Gatos.

The team lists driving under the influence among its typical cases. It works from 70 W. Hedding Street in San Jose.

City police

San Jose Police Department (SJPD)

On San Jose city streets, DUI arrests are usually made by the San Jose Police Department. Its headquarters is at 201 W. Mission Street.

The department also has an Airport Division, which provides police security at the San Jose airport.

Freeways

California Highway Patrol (CHP)

The CHP San Jose Area office is at 2020 Junction Avenue, phone (408) 961-0900. It patrols US Route 101, Interstate 280, Interstate 680, and Interstate 880.

It also patrols State Routes 17, 85, 87, 130, and 237. The CHP Hollister-Gilroy Area covers state highways in south Santa Clara County, including south San Jose, Morgan Hill, and Gilroy.

Your license

DMV Driver Safety

Your driver’s license is handled by the DMV, not by the court. A Driver Safety hearing officer, who is not a judge, decides the license case.

Ask for a hearing within 10 days of receiving the DMV notice, which is usually given at the arrest. If the notice was mailed, the DMV allows 14 days from its date.

You or your lawyer can reach Driver Safety at (833) 543-7703 or through the DMV’s online Driver Safety portal. The DMV’s current list of Driver Safety offices includes one in San Jose. Hearings may be held remotely or in person.

COURT DATES

Appearing in court in Santa Clara County

Under state law (Penal Code 977), a misdemeanor defendant may generally appear through a lawyer. For a DUI, though, the judge may order the defendant to attend the arraignment, plea, or sentencing in person. In a felony case, the defendant generally must be present at key hearings.

The court’s Criminal Rule 2 lets attorneys appear remotely only if the judge in that courtroom permits it. The court says approval is unlikely if the client will appear in the courtroom in person.

At the Hall of Justice, misdemeanor cases that do not involve family violence go to the court’s Misdemeanor Division, from arraignment through sentencing. Every case there must have a pretrial conference before it can be set for a jury trial.

When a case is set for trial, the court may hold a readiness conference. Unless the court waives it, the defendant must be present at that conference and at the trial.

LANGUAGE ACCESS

Interpreters, including Mandarin and Cantonese

The court provides interpreters free of charge, and criminal cases have top priority. Mandarin and Cantonese are among the certified languages named on its interpreter page.

For a first criminal court date, a defendant may ask for an interpreter in writing before the hearing. Criminal Rule 9 names Judicial Council form INT-300 and the court’s Language Access webpage. Later requests are made in open court when a hearing is set.

We found no pages written in Chinese on the court’s website. The site offers an automatic Google Translate tool, which is machine translation. Check dates and addresses against the English text.

Attorney Jeff Yeh speaks English and Mandarin Chinese, along with basic Japanese and Korean; a Japanese-speaking secretary and a Korean interpreter can help when needed.

LOCAL ENFORCEMENT

Checkpoints and DUI numbers

The San Jose Police Department announced DUI checkpoints for March 6, May 8, and September 4, 2026. The September checkpoint was scheduled from 8:00 p.m. to 2:00 a.m., together with the CHP, at an undisclosed location.

The department said a California Office of Traffic Safety (OTS) grant funded it. It also said it chooses checkpoint locations using data on impaired-driving crashes.

In 2021, Santa Clara County had 3,185 DUI arrests, according to the DMV’s DUI-MIS report. Of these, 2,970 were misdemeanor arrests, 202 were felony arrests, and 13 were juvenile arrests.

For 2023, the OTS crash rankings list 377 people killed or injured in alcohol-involved crashes in the City of San Jose. That ranks 13th of 15 large cities, where 1st is the worst.

OTS calls its rankings indicators of potential problems. City figures leave out freeway crashes where the city has no jurisdiction.

DMV RESULTS

San Jose DMV hearing results

Two of the DMV cases on our Success Stories page, both from 2025, are recorded in our files under the San Jose Driver Safety office. In both cases, the DMV set aside its license suspension action. A set-aside is a decision in the DMV license case, not a criminal court result. The DMV result does not decide the criminal case.

2025

DMV action set aside

DMV office (our records): San Jose
DMV Allegation: 0.21 Blood
Ruling: DMV Set Aside

DMV action set aside

DMV office (our records): San Jose
DMV Allegation: 0.10 Breath
Ruling: DMV Set Aside

The results described above were dependent on the facts of each case. Results will differ if based on different facts. Past results do not guarantee a similar outcome in your case.

Attorney Jeff Yeh

YOUR ATTORNEY

Help with a Santa Clara County DUI

Attorney Jeff Yeh focuses his practice on DUI defense and DMV hearings. He stays responsible for your case from start to finish, working with experienced co-counsel when a case calls for it.

Call (213) 446-2495 any time, 24/7, for a free consultation.

Call (213) 446-2495

20+

Years of DUI Defense Experience

2,000+

DUI Cases Handled

COMMON LOCAL QUESTIONS

What people ask about Santa Clara County courts

Is a DUI handled at the traffic court on North First Street?
How can I look up my Santa Clara County criminal case online?
My arrest was in Mountain View. Does the prosecutor work out of San Jose?
Does the Santa Clara County court publish bail amounts?

NEIGHBORING COUNTY

Nearby county page

San Mateo County DUI Lawyer

Court branches in Redwood City and South San Francisco, and the court’s no-remote rule for criminal calendars.

RELATED DUI DEFENSE

DMV Hearing

Ask for a hearing within 10 days of receiving the DMV notice, which is usually given at the arrest.

Alcohol DUI

Breath and blood test cases under Vehicle Code 23152(a) and (b).

Drug DUI

Cases involving cannabis, prescription medication, or other drugs.

ABOUT THIS PAGE

Prepared by the Law Office of Jeff Yeh (Attorney Jeff Yeh, State Bar of California No. 240430), 3810 Wilshire Blvd., Los Angeles.

Last updated: September 29, 2026. The local facts on this page were checked against the official sources listed here on that date.

Reviewed by Attorney Jeff Yeh on October 6, 2026.

About Attorney Jeff Yeh →

This page is general information about California DUI cases, not legal advice for your situation. Reading it does not create an attorney-client relationship. Court locations, phone numbers, and procedures can change. Check the official sources listed here or call us.

Arrested or charged with a DUI in San Jose? Talk to a lawyer now

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