How Does a Driver Get Charged with a DUI in San Jose? 

Posted on: May 2nd, 2025 by Bay Area DUI Law

How Does a Driver Get Charged with a DUI in San Jose?

If you have been arrested for a DUI in San Jose and are concerned about potential DUI charges, it is crucial to understand the legal timeframes involved and the process in which DUI charges are filed. In California, the statute of limitations dictates how longprosecutors have to file criminal charges after an incident.  Learn more from Attorney Mark Blair how a driver gets charged with a DUI in San Jose.

Statute of Limitations for DUI Charges in California

Under California law, the time limits for filing misdemeanor DUI charges arePprosecutors have one year from the date of the incident to file charges.  These timeframes are established under California Penal Code §802(a)
and §801, respectively.

How does a person arrested for a DUI learn about the charges?

Typically, when police arrest a driver for a suspected DUI, they issue a citation with a notice to appear for a court date generally 60 days after the arrest occurred.  The officer issuing the citation will write down the charges that the officer feels are appropriate.  These charges are only recommendations.  Drivers mistakenly think that the charges recommended by the officer when the officer writes them on the citation are the charges that the driver will face in court.

That is incorrect!

The Santa Clara County District Attorney reviews the police report and DUI blood or breath results.  They run the driver’s record as part of the review.  An experienced prosecutor called a “filing deputy” then determine what the charges if any will be made based on the facts of the case and the driver’s record. Once a determination is made about what charges should be prosecuted, the filing deputy has a “complaint,” the formal document with the charges, generated and filed with the court clerk.  When the driver comes to court, the judge reads the charges from the complaint to the driver so that the driver knows what laws he or she is accused of having violated.

Sometimes in San Jose police do not issue a citation to the driver.  In cases where the driver is taken to the hospital because of a DUI related accident, the police often do not issue a citation.  Another situation is where the officer feels that additional investigation is required.  Instead, the driver learns of the court date and time by receiving a letter summoning the driver to court.  The letter is typically accompanied by an arrest warrant and notice to post bail.

Law Office of Mark Blair | Bay Area DUI Law Can Assist Facing potential DUI charges can be daunting, but having an experienced attorney can make a significant difference. Attorney Mark Blair, based in the Bay Area, brings over 39 years of experience in DUI defense. Mark personally handles each case, ensuring dedicated attention to every client.

How Attorney Blair can help:

• Case Evaluation: Assessing the details of your incident to determine the applicability of the statute of limitations and identifying any potential defenses.
• Evidence Analysis: Scrutinizing the evidence against you, including police reports, witness statements, and chemical test results, to identify inconsistencies or procedural errors.
• Negotiation and Representation: Engaging with prosecutors to negotiate reduced charges or alternative sentencing options, and representing you vigorously in court if necessary.
• Guidance and Support: Providing clear explanations of your legal rights and options, helping you navigate the complexities of the legal system with confidence.

Attorney Blair has 39 years’ extensive experience and commitment to his clients have earned him a reputation for effective DUI defense in San Jose and throughout the Bay Area.

Contact Law Office of Mark Blair | Bay Area DUI Law for Professional DUI Defense | Charged with a DUI in San Jose

If you are facing a DUI charge in San Jose or the Bay Area, do not leave your future to chance. The consequences of a DUI on your career can be severe, but with expert legal representation, you can protect your license, reputation, and livelihood.

At Law Office of Mark Blair | Bay Area DUI Law, we have the experience and dedication needed to defend professionals against DUI charges. Contact us today for a confidential consultation and take the first step toward safeguarding your professional future.

Contact us today (408) 295-4343 for a confidential consultation and take the first step toward safeguarding your professional future.

DISCLAIMER: The results of any person’s DUI case described on this web site and/or in the Bay Area DUI Law newsletter depend on factual and legal circumstances that are unique to a specific person. Information provided by this web site and/or the Bay Area DUI Law newsletter does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to laws, procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in any or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the law, penalties and consequences that apply to his/her unique circumstances.