Two things get priced after a San Jose DUI arrest. One is set by the Legislature and by the Santa Clara County courts: the fine range, the assessments layered on it, the bail listing, the interlock cost and the reinstatement charges. The other is legal work, quoted as a flat sum or an hourly rate in a signed agreement, and California forbids pricing it off the verdict.
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Six boxes, about thirty seconds. You pick when to be called back, and that is when the phone rings.
Or call (408) 745-4909The Santa Clara County 2026 Criminal Bail Schedule lists this figure for Vehicle Code 23152(a) through (e) with no priors, and doubles it to $10,000 once the alcohol level reaches 0.15.
Government Code section 76000(a)(1) levies $7 for every $10 of fine statewide, then lists a per-county figure in the body of the section. Santa Clara County appears at $5.50, which is 21 cents above the Orange County entry.
Vehicle Code section 14905(a) requires this payment to the department before a license comes back after a suspension imposed under section 13353 or 13353.2, to fund administration of those programs.
Under Vehicle Code section 23575.3(k), a driver at 100 percent of the federal poverty level or below who provides income verification is responsible for that fraction of the manufacturer's standard program cost, rising to 25, 50 and 90 percent at higher income bands.
A fee taken out of the result is not allowed in a criminal case, so nothing here is a percentage. The amounts below are what California law itself sets, and what a firm charges to handle the case is separate, written down, and agreed before the work starts. Nothing on this page is a quote.
| Item | Amount the law fixes | What that means | Where it says so |
|---|---|---|---|
| Charging a share of the result | Not allowed in a criminal case | Rule 1.5(c)(2) prohibits a contingent fee for representing a criminal defendant. Rule 1.5(a) separately bars an unconscionable or illegal fee of any structure. | Cal. Rules of Prof. Conduct 1.5 |
| Fine on a probationary first-offense sentence | $390 minimum, $1,000 maximum | Section 23538(a)(1) sets that range where the court grants probation, and it is the base figure every proportional assessment is calculated from. | Cal. Veh. Code 23538(a)(1) |
| Second conviction within ten years | $390 to $1,000 fine, 90 days to one year in jail | Section 23540 keeps the same fine range as a first offense but raises the custody exposure sharply, which is why the fine is a poor guide to severity. | Cal. Veh. Code 23540(a) |
| Court operations assessment | $40 per conviction | A flat charge imposed on every criminal conviction, including a Vehicle Code offense, and collected separately from any fine or penalty. | Cal. Penal Code 1465.8(a)(1) |
| State-only DNA identification penalty | $4 per $10 of fine | Levied in addition to the $1 per $10 penalty in section 76104.6, on every fine a court collects for a criminal offense. | Cal. Gov. Code 76104.7(a) |
| Department of Motor Vehicles reissue charges | $55 DUI reissue, plus a $15 administrative service fee | Both appear on the published licensing fee schedule, alongside $15 to add and $20 to remove a court restriction for a second offender. | California DMV licensing fees |
California places the prohibition in rule 1.5 of the Rules of Professional Conduct. Subdivision (c)(2) puts a contingent fee out of reach whenever the client is a defendant facing criminal charges, no matter how the arrangement is labeled. Subdivision (a) adds a general bar on an unconscionable or illegal fee, judged on factors such as the difficulty of the questions, the skill required, and whether the client gave informed consent.
So a legitimate quote describes work, not results. It names the proceedings covered, the hourly rate or the fixed sum, who advances costs, and what falls outside. Rule 1.5 allows a flat fee paid partly or wholly in advance, and treats a "non-refundable" label as valid only for a true retainer buying availability rather than services.
The Santa Clara County 2026 Criminal Bail Schedule, adopted under Penal Code section 1269b(d) and effective January 27, 2026, prices a Vehicle Code 23152(a) through (e) count with no priors at $5,000, or $10,000 where the alcohol level is 0.15 or higher. One prior within ten years moves it to $15,000, or $20,000 at the higher reading. Two priors are listed at $35,000 and $40,000. Three priors, charged as a felony, sit at $100,000, while a Vehicle Code 23153 count involving injury is listed at $25,000. The schedule also marks these counts eligible for supervised own recognizance release, so custody status is arguable.
Vehicle Code section 23538(a)(1) sets the fine on a probationary first-offense sentence at not less than $390 and not more than $1,000. Treat $390 as the seed, because California assessments are proportional:
Added up, the statutory minimum fine carries roughly $1,100 in assessments and surcharges behind it, so the courthouse total lands near $1,500 before probation conditions cost anything. Vehicle Code section 23649 permits a further assessment of not more than $100 where the judicial district runs a county alcohol and drug problem assessment program.
Section 23538(b)(1) ties the license and the program together. A first offender with a result below 0.20 must complete a licensed program of at least 30 hours over three months. A driver at 0.20 or above, or one who refused testing, must complete at least 60 hours over nine months. Program tuition is charged by the provider, not by the court, and it runs alongside the fine rather than instead of it.
The interlock requirement is priced by statute as a share of the manufacturer's program cost. Vehicle Code section 23575.3(k) puts a driver at or below the federal poverty level at 10 percent of that cost, and a driver at 101 to 200 percent of the poverty level at 25 percent. A driver at 201 to 300 percent pays 50 percent, as does a CalFresh recipient, while a driver at 301 to 400 percent pays 90 percent. Everyone above that pays the full amount. Income verification has to be provided to claim a reduced share.
The criminal case and the license case are not the same proceeding. Vehicle Code section 14905(a) requires $125 before reissue after a suspension for refusal under section 13353 or an excessive result under section 13353.2. The published licensing fee schedule lists a $55 DUI reissue fee, a $15 administrative service fee, $15 to add and $20 to remove a second-offender court restriction, and $100 where the suspension came from the zero tolerance rule for a driver under 21. Where insurance proof is the issue, the same schedule shows a $250 financial responsibility penalty fee.
Does the quoted sum cover the administrative hearing as well as appearances at the Hall of Justice on West Hedding Street? Does it cover a motion to suppress, and a subpoena for the calibration and maintenance logs on the breath instrument? Is independent analysis of a blood sample billed as a cost, and who authorizes it?
Terms, Servicing and Exemptions
Get the DMV notice, court date, and evidence-preservation work moving now. Put every arrest document in one place, do not miss a deadline, and seek San Jose DUI representation before the two tracks start running on their own.
Call (408) 745-4909No obligation · Written for San Jose · Santa Clara County