DUI Lawyer San Jose, CA


Being accused of drinking and driving is stressful. When you need a DUI Lawyer in San Jose, contact an attorney at Valery Nechay Law. Call for a consultation.

When You Need a DUI Attorney in San Jose, CA


Criminal defense lawyers provide a range of services for a variety of charges. A frequent charge in California is driving under the influence, commonly referred to as DUI.

Although a DUI can refer to alcohol or other drugs, it most often refers to impairment due to alcohol use. A DUI is a serious charge, and it requires an aggressive DUI defense. Otherwise, a conviction can result in fines, license suspension or revocation, community service, and jail or prison time.

It may be beneficial to hire the services of a criminal defense law firm if you are facing drug charges, theft charges, or DUI charges. For qualified legal representation from a reputable criminal defense firm, contact Valery Nechay Law.

What Is a DUI in San Jose, California?


DUIs in San Jose, California, occur when an individual controls a motor vehicle while under the influence of alcohol, drugs, or both.

A DUI charge will be filed against a driver 21 years or older with a blood alcohol content (BAC) of 0.08% or higher. Under California’s zero-tolerance laws, anyone under 21 with a blood alcohol content of 0.01% or greater will be charged with a DUI. Additionally, driving with a BAC of 0.01% or higher will result in a DUI charge if a person is on DUI probation.

Choosing a criminal law firm with experience defending cases similar to yours is often seen as a crucial step in avoiding a conviction. San Jose criminal defense attorneys can offer their skills, knowledge, and experience to fight your charges and possibly negotiate reduced charges.

What Are the Potential Penalties for a DUI Conviction in CA?


A DUI conviction in San Jose, California, can be costly. It can lead to a suspension of your driver’s license, jail time, fines and fees, and the installation of an ignition interlock device.

The penalties for DUI vary across the country. However, they are stringent in California. They may vary depending on the severity of the offense and whether there are prior convictions.

For instance, a person who has never been convicted of DUI will typically face less punishment than someone who has been convicted of three DUIs within 10 years.

Generally, the penalties for a first-time offense in San Jose include the following:

In the case of subsequent offenses, you can determine what options are available to you through the assistance of a reputable California law firm like Valery Nechay Law. Call today to schedule a consultation.

California DUI Criminal Defense Strategies


If you have been arrested for DUI, it is important to know that there are legal defenses available to fight the charges. The following are some of the most common defenses that your legal representation may present:

  • The officer did not have reasonable suspicion to stop or detain you

  • The arresting officer did not have probable cause to arrest you

  • You were not driving a motor vehicle on a public roadway

  • Your blood alcohol content was under the legal limit for driving, and your breathalyzer test was inaccurate

  • Police entrapped you into committing an offense (you were tricked into drinking alcohol)

  • There was no valid warrant for your arrest

San Jose DUI lawyers, such as from the Law Office of Valery Nechay, can provide valuable resources and represent you when you need to go to state and federal courts.

How Can a DUI Lawyer Help With Your Criminal Defense?


State and federal DUI laws can seem complicated, and the penalties for a DUI can be equally complicated, especially if you have multiple charges on your record. It is essential to consult with a lawyer to fully understand your situation and how you can best protect yourself moving forward.

There are many ways a DUI lawyer can help you with your criminal case. They can supply resources, provide information and advice, and can represent you in court. Additionally, criminal defense lawyers will fight for a reduced sentence or even the dismissal of your case altogether. 

It is important to know where to turn if you need an attorney in San Jose, CA, who has experience with DUI offenses. There are many lawyers who advertise themselves as DUI attorneys, but not all of them are qualified to handle your case. Contact Valery Nechay Law Office for help with your DUI case.

Frequently Asked Questions 


If you were charged with DUI in San Jose, CA, you probably have questions. You might find these answers helpful, but a skilled criminal defense attorney may be able to provide more information during a free consultation.

Will You Go to Jail for Your First DUI in California?

The punishment for a first DUI conviction will vary depending on the circumstances of the case. For example, a person who is involved in an accident causing injuries or death while driving under the influence will face severe penalties.

A first DUI conviction in California carries a minimum three-day jail sentence, a maximum six-month jail sentence, and a fine of $1,000.

What Is the Best Way to Handle a DUI Charge?

With the help of a DUI criminal defense lawyer, you may be able to get your charges reduced or even dismissed. However, it is always beneficial to have an attorney on your side from the beginning of your case.

What Is the Cost of Hiring a DUI Criminal Defense Lawyer?

DUI criminal defense lawyers charge varying fees depending on the complexity of your case and where the case will be heard. For an estimate of your attorney’s fees, contact Valery Nechay Law for a consultation and case assessment.


If you are under investigation or charged with a crime, I will consult with you in person and at no charge to you.