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The San Francisco Bay Area’s Top Rated DUI Attorney and DUI Defense Lawyer
Providing Personalized Santa Clara County DUI Defense for over 20 Years
About Us
San Jose DUI Lawyer Nors Davidson
Welcome to the website for San Jose DUI lawyer and California DMV attorney Nors Davidson. If you, a relative or someone you know has been arrested for driving under the influence or DUI in San Jose or the surrounding municipalities of Sunnyvale, Palo Alto, Mountain View, Cupertino, Milpitas, Gilroy, Morgan Hill, Los Gatos, Los Altos, Campbell, Saratoga, Stanford, San Martin, Los Altos Hills, Monte Sereno, Alum Rock, Cambrian Park, Fruitdale, Burbank, Loyola, Santa Clara or the East Foothills, or they have received notification from the California Department of Motor Vehicles DMV Driver's Safety Office or DSO regarding a drivers license suspension or driving privilege revocation, please read the DUI overview and DUI first steps section of this website.
There are many different types of DUI cases in California and DUI and DMV law is complex, particularly in the area of DUI license suspensions from the Department of Motor Vehicles. California DUI defense is a specialty that requires an experienced DUI defense attorney. Driving under the influence or DUI arrests are charged as either a misdemeanor or a felony and carry with them the real possibility of actual jail time. While there are many attorneys who claim to be DUI lawyers only a few actually dedicate their practice to this field. A California DUI is not a traffic ticket infraction and you should not let a traffic ticket lawyer handle your California DUI case.
A California arrest for driving under the influence will trigger to separate cases. The first case is a criminal case, which can be either a felony or a misdemeanor. The second case is the Administrative Per Se hearing at the Department of Motor Vehicles or DMV Driver's Safety Office. The DMV case is civil, not criminal, and it runs on a track separate from the criminal case. The DMV case purpose is to decide whether an individuals driver's license will be suspended and for how long. Since both the DUI criminal case and the DMV administrate case can both lead to driver's license suspensions, it's crucial that an experienced DUI defense lawyer employs sound legal strategy in order to avoid unnecessary license suspensions and extended driver's license restrictions from the DMV.
Individuals arrested for driving under the influence DUI who hold professional licenses like lawyers, doctors, registered and vocational nurses, physical therapists, teachers, pharmacists, accountants, pilots, stock brokers, bankers, dentists, x-ray technicians or any position which requires licensing. are at risk of additional punishment from the board or commission which issued their license. This unforeseen case can impact a person's ability to remain licensed and continue working. Indeed, the right DUI defense attorney is not just needed, it's crucial.
Out of state driver's who do not possess a California Driver's License face additional legal issues from their home state from either the California DUI conviction or a license suspension from the DMV case. Most states are members of the Interstate Driver's License Compact which allows basically double license suspension consequences for DUI. Again, the need for competent DUI defense attorney is paramount.
Lastly, a California driving under the influence conviction can have devastating consequences for non citizens of the United States. A California DUI conviction can risk deportation, denial or substantial delay of naturalization, exclusion from admission to the United States, exclusion from readmission to the United States following travel abroad, denial of an extension of an H!B work visa or an upgrade to a Lawful Permanent Resident status for Green Card holders.
It should now be clear that a driving under the influence or DUI arrest in California should not be taken lightly. Ample time must be applied to conducting research to hire the DUI defense lawyer with the skill and qualifications to ensure the best possible result for your DUI case. Thankfully, you're at the right place! Call San Jose DUI defense lawyer Nors Davidson today for a free consultation. Thank you.
San Jose DUI Attorney Nors Davidson
Over 20 Years of California DUI Defense Practice
1000's of DUI & DMV Cases
First Offense DUI
Second Offense DUI
Third Offense DUI
Felony DUI
DUI Collision
DUI Manslaughter
Under 21 Zero Tolerance DUI
DMV Negligent Operator
DUI Child Endangerment
Excessive BAC DUI
Excessive Speed DUI
DUI Drugs
DUI Refusal
DUI Probation Violation
DUI Expungements
DUI Record Sealing
Serving the Entire San Francisco Bay Area for Over 20 Years
Santa Clara County DUI Defense
Most of the driving under the influence arrests in Santa Clara County are handled out of the main courthouse located at 190 West Hedding Street in San Jose. Also nearby is the Santa Clara County District Attorney and Sheriff's Office and Main Jail. Street parking is limited, so it's advisable to use the parking structure across the street, especially if you're going to be at this facility longer than an hour or two. The Clerk's Office can be reached at (408) 808-6600. The San Jose Courthouse handles DUI cases from San Jose, Los Gatos, Saratoga, Campbell, Cupertino & Sunnyvale. Felony DUI cases in Santa Cara County are almost always heard at the San Jose Hall of Justice.
San Jose driving under the influence arrests or DUI arrests involve two distinct cases: a criminal case and an Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office at 90 Great Oaks Blvd. A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest. The Temporary License is usually a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court. If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest.
Upon release from jail or custody you will be given a citation or notice to appear in court at some future date. If your case involved injuries or a felony enhancement, you may be held in custody until your court date unless you post a bail bond. If your arrest is a first offense DUI misdemeanor, it's likely and advisable that your DUI attorney appear at this hearing on your behalf a pursuant to the authority of Penal Code Section 977. This hearing is your arraignment.
The arraignment is the first hearing in a DUI case and the purpose is to advise the defendant of the charges, provide initial case discovery, i.e. police reports, blood results, etc., to defense counsel. Additionally, the judge may be asked to impose release conditions like attending AA meetings or wearing an ankle monitor while the criminal case proceeds. The court will then schedule your case for a "Pre-Trial Conference."
The Pretrial Conference is likely the first hearing that a DUI defendant might actually attend. The purpose of this hearing is to conference with the district attorney about the case generally, inquire about outstanding discovery or investigation, discuss possible immigration and/or employment consequences and ultimately discuss possible settlement of the case. A settlement offer is typically conveyed and the client either accepts the offer, continues the Pretrial Conference or sets the case for jury trial and/or motion hearing. Continuances are by far the most common outcome of Pretrial Conferences and this is particularly true in San Jose.
District Attorney's in San Jose are very busy and it seems like everyone in the court is glad to kick the can down the road. Often this is good for San Jose DUI clients as time can make the settlement offer more favorable, but it can also be frustrating for clients who want to accept responsibility for their DUI case early on. Nevertheless, the district attorneys in San Jose generally have a lot of discretion and will take into account the unique facts and situation oof the client, especially for immigration consequences. If a case has to go to jury trial, I've found that both the district attorney and judges in San Jose are more often willing to extend better settlements than actual go to trial. If the trial does proceed, however, San Jose juries are prone to convictions and the sentencing judge can be rather harsh.
If you or someone you know is facing a DUI charge in Santa Clara County, it's crucial to have an experienced San Jose DUI attorney on your side. Nors Davidson has handled several hundred cases in San Jose and knows what works and what doesn't in defense of your DUI. Call San Jose DUI lawyer Nors Davidson today for a free consultation.
Recent Bay Area DUI Case Results
Contra Costa County Pittsburg DUI .14% BAC First Offense DUI Speed Enhancement
Practice Area: DUI and DWI
Date: Mar 18, 2024
Outcome: Probation Granted Three Years, Three Month DUI School, Two Days SWAP, 30 Day License Suspension
Description: Client was observed driving on State Route 4 by the California Highway Patrol and was clocked at 104 miles per hour. Client was stopped for speeding and performed field sobriety tests and submitted to a preliminary breath test with a .14% blood alcohol concentration. Client arrested for driving under the influence or DUI of alcohol and submitted to two additional breath tests of .14% BAC. The Contra Costa County District Attorney took eight months to file charges but today we smartly settled this DUI case at arraignment today before the case was sent to a pretrial conference since prehearing research showed that client was not initially charged with the speed enhancement which would have resulted in a sixty day jail sentence. This strategy got the minimum punishment for client without an enhancement.
San Mateo County Redwood City DUI .20% BAC First Offense DUI Collision High BAC DUI Enhancement
Case Conclusion Date 01.24.2024
Practice Area San Mateo DUI and DWI
Outcome DISMISSAL OF HIGH BAC ENHANCEMENT, Three Years DUI Probation, $224 Fine, 3 MONTH DUI SCHOOL and 2 days SWAP
Description Client was arrested for DUI by the San Mateo Police Department after he was found in his vehicle which had collided with a street sign. Client was take to the hospital where his blood was drawn and tested with a result of .20% BAC. The BAC was highly relevant because it qualified client for the 9 month DUI school and a potentially mandatory Ignition Interlock Device ("IID"). Settled the case today for a DISMISSAL OF HIGH BAC ENHANCEMENT & Probation Granted: 3 Years, $224 Fine, 3 MONTH DUI SCHOOL and 2 days SWAP. Not only did we get the 3 month DUI school, but I even secured an $1,800 reduction of clients fine!
San Francisco DUI .14% BAC Second Offense DUI Collision and DUI Refusal Enhancement
Case Conclusion Date 12.21.2023
Practice Area San Francisco DUI and DWI
Outcome Three Years DUI Probation, $1900 Fine, 18 Month DUI School, 1 MADD Class, 1 Year IID and NO JAIL OR SWAP. REFUSAL WON AT DMV
Description Client was arrested for DUI by the San Francisco Police Department after she collided with three parked cars. Client submitted to PAS with results of .14% BAC and a later blood test which returned a result of .13% BAC. Complicating matters further, client had a prior San Mateo County DUI in 2016. Today, we settled the case for a plea t the DUI charge for DUI Probation Granted: 3 Years, $1900 Fine, 18 Month multiple offender DUI School, 1 MADD Class, 1 Year IID and NO JAIL OR SWAP. Considering that second offense DUI's typically get around 30 to 60 days SWAP, this was an exceptional result only matched by the fact that we convinced the DMV to drop the DUI Refusal Allegation which would have resulted in a two year license suspension with no restriction. Instead, Client was immediately able to get a restricted license with installation of the IID. Getting the DUI refusal down to a regular second offense DUI was no small task and it took several extra hearings, but it was worth it in the end for this San Francisco DUI client.
Monterey County Salinas DUI .20% BAC First Offense DUI High BAC DUI Enhancement
Case Conclusion Date 12.15.2023
Practice Area Salinas DUI and DWI
Outcome ENHANCEMENTS DISMISSED, Five Years DUI Probation, $1900 Fine, 30 AA Meetings, 240 Hours Community Service & 3 Month DUI School
Description Client was arrested by Salinas Police Department for DUI after she was found asleep in her vehicle at a stop light. Client submitted to a blood test which returned a result of .20% BAC, thus qualifying her for an enhancement and the 9 month DUI school. After much negotiation, I settled the case today for ENHANCEMENTS DISMISSED & Probation Granted: 5 Years, $1900 Fine, 30 AA Meetings, 240 Hours Community Service & 3 Month DUI School.
Solano County Fairfield DUI .19% BAC First Offense DUI High BAC DUI Enhancement
Practice Area Fairfield DUI and DWI
Case Conclusion Date Dec 04, 2023
Outcome Three Years DUI Probation, $1,850 fine, 3 month DUI School & 2 days Weekend Work
Description Client was arrested for DUI after being found passed out behind the wheel at a stoplight by the Vacaville Police Department. The high BAC was a problem but today we settled the DUI case favorably for PROBATION GRANTED for 3 years, $1,850 fine, 3 month DUI School and 2 days Weekend Work in lieu of county jail. License suspended for 30 days and restricted for 5 months by California DMV.
Santa Clara County San Jose DUI .19% BAC Second Offense DUI Probation Violation High BAC DUI Enhancement
Practice Area San Jose DUI and DWI
Date Nov 21, 2023
Outcome Four Years DUI Probation, 22 Days SWAP, 18 Month DUI School, 1 Year IID and NO FINES OR FEES
Description Client was found passed out at the wheel of her vehicle at a stop light in Santa Clara. After field sobriety tests, client submitted to a PAS test with results of .22, .19 and .20% and was arrested by the Santa Clara Police Department for DUI. Client had suffered a prior DUI conviction just two years prior so she was still on active probation for that offense. Today, I settled clients case for: PROBATION GRANTED: 4 Years, 22 Days SWAP, 18 Month DUI School, 1 Year IID and NO FINES OR FEES. Since we were able to avoid client admitting a probation violation, she might be eligible for a "restricted license" and by arguing inability to pay fines, she saved approximately $2,500.
California Criminal DUI Offenses
FIRST OFFENSE SAN JOSE DUI
A first offense DUI is an arrest for driving under the influence that is at least ten years from the date of any prior California DUI arrest. A first offense DUI is a misdemeanor unless the DUI involved an injury causing collision or some other felony is charged along with the DUI, i.e. Child Endangerment. First offense DUI cases in Santa Clara County are usually resolved for probation, fines, DUI school, jail which is converted to some kind of weekend work or community service and a license suspension. DUI enhancements, however, can significantly increase the potential punishment for a first offense DUI. Moreover, certain DUI defenses can result in first offense DUI charges either being reduced or dismissed altogether.
SECOND OFFENSE SAN JOSE DUI
A second offense DUI is a DUI arrest that occurs within ten years of another arrest for driving under the influence or reckless driving sentenced pursuant to California Vehicle Code Section 23103.5, commonly known as a wet reckless. Second offense DUI cases are generally misdemeanors unless they involved a separate felony charge, a DUI collision causing injury or follow a prior felony DUI conviction. Depending on the county, a second offense DUI can result in actual jail time instead of community service on top of the fines and fees, an 18 month DUI school, and installation of an ignition interlock device or IID. Again, DUI enhancements can significantly increase both the criminal penalty and DMV license suspension for a second offense DUI which is usually two years.
THIRD OFFENSE SAN JOSE DUI
A third offense DUI is a driving under the influence arrest that was preceded by two prior DUI arrests within the last ten years. A third offense DUI is still a misdemeanor offense unless it's accompanied by a separate felony charge, was a DUI collision involving injury or the individual had previously been convicted of a felony DUI within the last ten years. Third offense DUI cases are extremely challenging in that they require a mandatory 120 day to one year in the county jail in addition to a three year license revocation and 18 month DUI school. A third offense California DUI will result in a three year revocation of a driver's license from the DMV.
San Jose DUI Causing Injury
Any California DUI arrest that was a result of an injury causing collision will result in either a misdemeanor or felony charge of California Vehicle Code Section 23153. DUI with injury cases can be minor and resolved as regular misdemeanor DUI's or can be serious felonies requiring a state prison sentence. In addition to the normal penalties for a first, second or third offense DUI, driving under the influence causing injury can result in prolonged driver's license suspensions and denial of a restricted license for work purposes.
San Jose Felony DUI
As stated above, any California DUI case can be a felony if there was an injury causing collision. Other felony DUI's include fourth offense DUI convictions and driving under the influence cases where the individual has a prior felony DUI conviction. Additional charges, i.e. child endangerment, drug possession, etc. can lead to additional felonies being charged with the present DUI offense.
UNDER 21 ZERO TOLERANCE DUI
It is unlawful in California for any driver under the age of 21 or for anyone presently on DUI probation to operate a motor vehicle with ANY alcohol in their system. These cases are collectively known as zero tolerance DUI's. For under 21 drivers, these offenses can be charged either as infractions, misdemeanors or even felonies, depending on the alcohol level tested. These cases can result in the same penalties as listed above, i.e. DUI school, probation, fines, etc., along with at least a one year license suspension from the DMV with no option for a restricted license. As daunting as these cases may seem, There are many defenses that an experienced DUI attorney can employ to either win them outright or at least avoid a license suspension.
San Jose DUI Drugs
California DUI arrest that involve drugs are handled differently than alcohol cases in that they often carry with them additional license suspensions that disallow restricted licenses for work. DUI drugs cases do not have a per se limit and they often turn on whether or not the prosecution can prove that the drugs actually impaired the individuals driving. For this reason, DUI drugs cases are generally easier to defend that DUI cases involving only alcohol. DUI drugs cases do not have a DMV hearing and the license suspension is determined solely on the criminal case outcome.
San Jose DUI Enhancements
Every California DUI case can be subject to enhancements which significantly increase the potential punishment in both the court case and at the DMV. Typical enhancements include collisions, high blood alcohol content, speeding, refusing a chemical test and having children under the age of 14 in the car while DUI. DUI enhancements can result in actual jail time, extended license suspensions and denial of restricted licenses from the DMV.
San Jose DUI Defenses
As daunting as the evidence may seem in a California driving under the influence DUI case, there are valid defenses. Defenses can include no observed driving by the arresting officer, rising blood alcohol, inaccuracy of the blood alcohol chemical tests, etc. Properly argued DUI defenses can lead to DUI charges being reduced or dismissed altogether. The best DUI defenses regularly require investigation by the DUI defense attorney and are rarely apparent in the beginning of a DUI case. For this reason, you should always consult with an experienced DUI defense attorney.
San Jose DUI Client Testimonials
DUI Client Reviews
San Jose DUI lawyer Nors Davidson is the highest rated DUI Defense attorney in the San Francisco Bay Area based on former DUI client reviews. Nors Davidson has over 200 positive DUI client reviews across multiple sites like AVVO, Yelp and Google. Here are a few reviews which highlight the difference between hiring any lawyer and being represented by a skilled DUI defense attorney.
"Nors' Efforts Literally Changed My Life" 5.0 stars Posted by anonymous, a DUI Client
"When I first hired my attorney for my DUI case, I knew nothing about Nors. I was told by some friends to be represented by Robert Tayac, because he was the best. Throughout most of my case, I only dealt with Nors. I never even met Robert until my actual hearing date, when my sentence was going to be determined. Even though my blood alcohol level was barely over the legal limit, I still had the potential to be served with a DUI. When Mr. Tayac came out of the courtroom, he said I was to be charged with a DUI. This would also mean that I would lose my driver's license for 6 months. In a panic, I called Nors, who was on his way from another case. Nors assured me, "don't panic, I'm on my way". When Nors arrived to the courtroom, he then said that although he didn't know if it would work, he would try going back into the courtroom to ask for an extension and another hearing date. Mr. Tayac never even offered me that option. Well, as it turned out, Nors DID get the extension for me, and when we went back to court a month later, he got my charges reduced to a wet and reckless, which means I would not have a DUI charge on my record. In addition, Nors also fought for me at the DMV, and I never had my driver's license suspended, not even for one day. I can't begin to describe my gratitude to Nors, and the work and effort he put into my case. Nothing like this will ever happen to me again, but I would trust Nors Davidson 100% if I ever needed an attorney again. He is truly amazing."
"Best DUI Attorney in the Bay Area - Period!" 5.0 stars Posted by E., a DUI Client
"Nors is 100% the best DUI attorney I've had the experience working with. I received my first DUI in San Jose about 7 years ago. I was trying to flag down a cab and instead I ended up flagging down a cop instead. Rather than put me in a cab the arrested me for drunk in public. Then I was released, given the keys to my car and told to 'go home'. I tried to do exactly that and was immediately pulled over for a DUI..!!! In all honesty, my "First DUI" should have NEVER been a DUI - drunk in public "requires" the police to hold you 'until you are no longer a harm to yourself or others' - that's the law. They broke the law and told me to go home and gave me essentially a weapon. I thought I was only hungover, I could not fathom they would let me drive home drunk. I went through about $10,000 - $15,000 and 3 THREE law firms. All saying the same thing 'they can't do that, we'll get you off' They all (except the last, which chickened out at the court house and scared me into taking a plea of a wet reckless) quit returning my phone calls once they had my money. Alas, I recently had a bad experience where I had too much to drink and since the law was changed it was a SECOND offense (law was changed to 10 years in 2007). Well suffice to say I got really lucky and Nors was one of the first DUI attorneys here in SF I spoke to for this now '2nd offense DUI'. I evaluated several law firms after my utterly horrible past experiences with DUI attorneys. Ultimately I went with my 'gut' and hired Nors vs. a more expensive attorney (his prices are very reasonable). Nors was extremely professional, he calmed my nerves, he 'took the monkey off my back' (to borrow his words) so I could return to focusing on my life. Long story short, Nors "always" returned my phone calls. We met in person and went over all the details of my case, he informed me of all the ins and outs with regard to the specifics of my case and he made me aware that there was a serious issue regarding my arrest. I gave my approval for him to file a motion to suppress (which has about a less than 1% chance of success). Well I'm almost in disbelief as I type this because while the DMV ruling still stands my court case was DISMISSED! You can't put a price on that. I *never* intend to drink and drive again. Ever. However, not having to deal with Jail, Probation, and another "criminal mark" on my record is priceless. If you are in need of a DUI attorney in the bay area Nors is by far the best one out there in my experience and opinion. Thank you SO MUCH Nors! You're work is superb and your professionalism is unparalleled!"
Helping appreciative clients with their DUI has rewards beyond the money.