The San Jose, California DUI Lawyer Who Fights for You

Arrested for DUI in San Jose or Santa Clara County? Our senior DUI attorneys fight license suspensions, illegal traffic stops, and faulty breath or blood tests to protect your rights and freedom. Free consultations 24/7.

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Attorney

Ben Michael

Award Winning Defense Attorney

Top 10
Texas Defense Attorney
98%
Client Satisfaction
500+
Years Experience
5.0★
Google Rating

DUI Cases in San Jose Move Fast — We're Faster.

The DMV suspension clock starts the moment you’re arrested. Prosecutors begin reviewing your case almost immediately. Video footage, calibration records, and witness evidence can disappear if not secured early.

If you've been arrested for DUI in San Jose, the next few days matter more than most people realize. Most of our clients ask the same questions:

  • Am I going to lose my license?
  • Do I need a DUI lawyer right now?
  • Can this be dismissed or reduced?

The truth is that DUI cases in Santa Clara County move very quickly.

You need a DUI lawyer who understands local courts, prosecutors, and law enforcement practices — and who can step in before the system gains momentum against you.

Why Choose Michael & Associates in San Jose?

A DUI arrest is stressful. Roadside testing, flashing lights, and the fear of losing your license or job can hit all at once — you don't have time to work through the shock while the DMV and prosecutors push forward without hesitation.

We can help you take back control.

Deep Knowledge of San Jose & Santa Clara County Courts

Where your case is filed shapes the strategy. 

We regularly defend DUI cases in:

  • Santa Clara County Superior Court – Downtown Superior Court (San Jose)
  • Santa Clara County Superior Court – South County Courthouse (Morgan Hill)
  • Santa Clara County Courthouse (Palo Alto)

Each courthouse — and each judge — has different expectations, timelines, and procedures. Knowing those differences can directly impact the outcome of your case.

Senior-Level DUI Attorneys Only

Your future should never be handed to a junior associate.

At Michael & Associates:

  • A senior trial attorney leads every DUI case
  • We bring years of courtroom, negotiation, and forensic experience
  • We understand DUI science, including breathalyzer operation, blood alcohol testing, and lab errors

This experience matters when the prosecution’s case relies on technical evidence.

Low Caseloads, High Attention

We deliberately limit the number of cases we accept so we can scrutinize every detail, including:

  • Body-cam and dash-cam footage from the San Jose Police Department (SJPD), Sheriff’s deputies, CHP, or local agencies
  • Whether your traffic stop was legal
  • Procedures used to administer field sobriety testing
  • The accuracy of your blood or breath testing
  • Testing equipment calibration and maintenance records
  • Chain-of-custody of your blood sample
  • Aggressive defense at your DMV hearing

Our attention to detail is often what leads to dismissals.

White-Glove Support

A DUI can turn your life upside down in a matter of minutes. It’s normal to feel anxious, embarrassed, or unsure about what’s coming next. Our job is to steady things and help you understand what’s happening, step by step.

We make that happen by:

  • Calling or texting you back promptly, often the same business day
  • Explaining your case in clear, straightforward terms, without legal jargon
  • Giving you honest answers without pressure or fear-based tactics
  • Treating your situation with privacy and respect

You’ll always be treated like a person, not a file number.

A Proactive Defense That Starts Immediately

Even though it may feel like the system is already moving against you, we begin working immediately. We don’t wait for the prosecution to control the narrative.

From the start, we:

  • Review what actually happened, not just what appears in the paperwork
  • Identify evidence that doesn’t hold up under scrutiny
  • Challenge illegal stops, searches, or unreliable tests
  • Shape a defense that accounts for what the prosecution is likely to do next

Starting early often makes the difference between harsh penalties and outcomes that keep your record and your freedom intact.

Types of DUI Cases We Handle in California

We defend all alcohol- and drug-related driving charges, including:

Standard & Repeat Misdemeanor DUI Charges

  • First DUI (VC §23152)
  • Second or third DUI
  • High-BAC DUI
  • DUI with prior convictions

Elevated and Felony DUI Cases

  • DUI causing injury (VC §23153)
  • DUI with a child in the vehicle
  • Felony DUI
  • Gross vehicular manslaughter while intoxicated

Drug DUI (DUID)

  • Marijuana DUI
  • Prescription medication DUI
  • Controlled-substance DUI

Related Driving Offenses

  • Wet reckless
  • Hit-and-run
  • Under-21 DUI (zero tolerance)
  • Boating Under the Influence (BUI)

If it involves driving and alleged impairment in San Jose or Santa Clara County, we defend it.

Agencies We Regularly Challenge in San Jose DUI Cases

Many DUI arrests come from:

  • San Jose Police Department (SJPD)
  • Santa Clara County Sheriff’s Office
  • California Highway Patrol (CHP – Golden Gate Division)
  • Sunnyvale, Milpitas, Santa Clara, Campbell, Palo Alto, and Mountain View PDs

We know how these agencies operate—and where mistakes are commonly made.

How We Defend Against DUI Charges in San Jose

Winning a DUI case in San Jose often comes down to finding the flaws in how the arrest was handled and how the evidence was gathered. Our defense strategy focuses on challenging these weak spots from the very beginning.

Here are some of the most common issues we uncover:

  • Traffic stops made without legal justification — especially on highways like US-101, I-280, I-880, CA-87, or major surface streets
  • Field sobriety tests that weren’t properly conducted or explained
  • Breath test results from machines that weren’t correctly calibrated or maintained
  • Blood samples that were mishandled or compromised due to chain-of-custody errors
  • Missing body cam footage, or video that contradicts the official report
  • Arrests made without a clear reason or valid probable cause

When these problems are identified early, DUI charges are often reduced—or dismissed entirely.

What to Expect When You Work With Us

From the first call to the final outcome, we keep you informed, prepared, and in control. Our job is to take the pressure off your shoulders and work toward the best possible result.

Here’s how we handle your case:

  • You’ll speak directly with a seasoned DUI lawyer during your free consultation
  • We move quickly to secure and review critical evidence before it’s lost
  • If there are bail or custody issues, we help resolve them right away
  • We handle your DMV hearing from start to finish—these deadlines come fast
  • We file motions to challenge any evidence that was collected improperly
  • If a deal can’t be reached, we’re fully prepared to take your case to trial
  • You’ll get honest updates, not legal jargon or empty promises

We’re not here to sugarcoat anything—we’re here to defend you with a strategy that fits your case and your goals.

Sources: Michael & Associates' research and DUI litigation data; California Vehicle Code §§ 23152, 23153, 23536–23552, 23612, 13352; California Penal Code §1203.4; California DMV; Santa Clara County Superior Court;; San Jose Police Department (SJPD); Santa Clara County Sheriff’s Office; California Highway Patrol (CHP); National Highway Traffic Safety Administration (NHTSA); California Department of Public Health.
 

Talk to a San Jose DUI Lawyer Today

An arrest doesn’t have to lead to a conviction. With the right legal approach, DUI charges can often be reduced—or dropped entirely.

Our team knows how San Jose courts operate. We understand how local prosecutors build cases—and how to take them apart.

Contact Michael & Associates today for a free, confidential case review.

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