Driving Under the Influence
If you've been arrested for a DUI in San Jose or anywhere in Santa Clara County, you're probably anxious about what happens next — your license, your job, your record, even jail.
I understand. Being accused of a crime is one of the most stressful events in a person's life, and a DUI can happen to anyone.
I'm Stephanie Rickard. For more than 25 years, I've defended people facing DUI charges here in Santa Clara County, and before that I prosecuted these same cases as a Deputy District Attorney. There is hope, and there is a path forward. Let me help you understand it.
The Two Sides of a DUI: Your License and Your Court Case
If you are arrested for a DUI charge, you face two separate legal concerns:
- The loss of your driver's license
- Jail time, fines, and other criminal penalties
Let me simplify each one.
Your Driver's License and the DMV Hearing
This is a proceeding with the DMV. Upon the arrest, the DMV will take immediate action on your driver's license. The DMV can suspend your license from 4 months to 12 months.
To protect your rights, you must request a hearing with the DMV within 10 days of your arrest. If you fail to do so, you may lose your right to contest the DMV action.
The DMV hearing consists of an administrative hearing during which the DMV hearing officer must find:
- That the arresting officer had reasonable cause to believe you were driving under the influence
- That you were lawfully arrested
- That your blood alcohol content was 0.08 or greater
DMV hearings must follow complex legal procedures. These hearings are very difficult for a layperson to effectively navigate. In choosing your attorney, it is imperative that you select experienced representation.
It is also very important that the DMV results coordinate with the actions your attorney takes in court. If the actions are not coordinated, you may be subjected to a longer term of license suspension.
Your Criminal Court Case
The court system process for your criminal case consists of:
- Arraignment
- Pre-Trial Conference
- Possible Jury Trial
If convicted, you can face fines, additional insurance requirements and premiums, potential jail time, and an order to complete a Drinking Driver course.
Most DUI cases are filed as misdemeanors but can be elevated to a felony in certain situations. There are additional penalties for excessive speed, excessive blood alcohol level, prior DUI convictions, underage DUI, driving without a license, accidents, and injury caused by an accident.
Facing criminal charges can be a terrifying task. I can help.
Drop us a line today for a free consultation
Why Work With a Former District Attorney
With more than 25 years of experience handling DUI matters, I am able to provide a fair and honest assessment of your case after an initial consultation.
I can tell you what to expect from the DMV and the court. Before becoming a defense attorney, I was a Deputy District Attorney prosecuting cases like these. Because of my experience as a DA, I know both sides of the courtroom, and I have decades of experience with the prosecuting attorneys and judges in our criminal courts.
I will work with you to explore the best defense strategy. I will also tailor the resolution to take into account what is best for you.
DUI Situations I Can Help With
First-Offense DUI
A first DUI is frightening, but early action can make a real difference. I will review how your stop, arrest, and chemical test were handled and look for every opportunity to protect your record and your license.
Second, Third, and Multiple DUIs
Penalties increase sharply with each prior, and the stakes — including longer license suspensions and mandatory jail — are real. I understand how prosecutors and judges in Santa Clara County tend to approach repeat DUI cases, and I will give you a realistic assessment of the best available path forward.
Felony and Aggravated DUI
A DUI can be charged as a felony when there is an injury, multiple priors, or other aggravating factors. These cases require careful analysis, immediate attention, and experienced defense.
Wet Reckless and Reduced Charges
In the right circumstances, a DUI may be negotiated down to a "wet reckless" or another reduced charge. Whether that is possible depends on the specific facts of your case. I will give you an honest assessment of what is realistic.
DUI With an Accident or Injury
When a DUI involves a collision or injury, the consequences and the prosecution's approach change significantly. I will work to understand exactly what happened and build your defense accordingly.
Underage DUI
California's zero tolerance law can create serious license consequences for drivers under 21 — including a one-year suspension at a blood alcohol level of just 0.01% or more. These cases need careful, protective handling.
DUI Involving Drugs
A DUI does not have to involve alcohol. Charges based on prescription medication, cannabis, or other drugs raise their own complex evidentiary questions, and I defend them.
Refusing a Chemical Test
Refusing a breath or blood test can carry added license penalties, but the law around refusals is technical, and the allegation can be challenged. Let me look at the details before you assume the worst.
Commercial Drivers and Out-of-State Licenses
If you drive for a living or hold a license from another state, a DUI can carry extra consequences. I will explain how your case may affect your ability to keep driving and what options may be available.
Protecting Your Driver's License
For most people, the ability to drive to work and care for family is the most urgent concern.
Beyond the 10-day DMV hearing deadline, and depending on the facts of your case and DMV eligibility rules, you may have options for limited driving privileges. These may include an employment or DUI-program restricted license, an ignition interlock device restricted license, or steps toward reinstatement.
The key is acting quickly and making sure your DMV strategy and your court strategy work together, not against each other.
DUI Penalties and What to Expect
Every case is different, but a DUI conviction in California can involve:
- Fines and fees
- Increased insurance costs
- License suspension
- A mandatory Drinking Driver or DUI program
- Probation
- Jail or an alternative to jail in some cases
After a consultation, I can give you a fair and honest picture of what you are realistically facing with both the DMV and the court, and where there may be room to improve the outcome.
Alternatives to Jail and Court Requirements
A DUI sentence often involves more than fines. In many cases, there may be alternatives to jail.
I help clients understand and navigate options such as the Santa Clara County Sheriff's Work Program, court-approved DUI school and Drinking Driver programs, community service, and other court requirements.
Helpful resources on my site:
What My Clients Say
"Going through a DUI case can be one of the most stressful and nerve-wracking events in a person's life, and it can happen to anybody.
I solicited legal representation from Stephanie after a referral and felt I was in good hands from the start. She and her team thoroughly examined and evaluated all aspects of the case, patiently answered all questions, and most importantly provided clear and detailed instructions on what steps to take in the process and when. She has excellent rapport with the courts and judges and defended my case to the full extent of the law.
There's no substitute for caring and effective legal representation, and that is exactly what was provided to me. Don't put your trust in an advertised DUI lawyer, take my personal testimony as a referral and ask for a consultation from Stephanie should the need arise."
— Greg B., San Jose
Frequently Asked DUI Questions
You must request a DMV hearing within 10 days of your arrest to contest the suspension. This is one of the most time-sensitive steps after a DUI arrest, and it is easy to miss.