Do You Lose Your License Immediately After a DUI Charge in San Jose?

Last Modified: October 10, 2023
October 10, 2023 | Rabin Nabizadeh | DUI

Do you lose your license immediately after a DUI charge in San Jose

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of your situation.

Being charged with a DUI doesn’t mean you lose your license right away. There’s a process in place, and you have rights you can exercise. At Summit Defense, our DUI defense lawyer is here to help you. A California DUI conviction could result in having your license suspended. If it’s a felony DUI, it might be suspended for multiple years. Keep in mind that you are entitled to a presumption of innocence until proven guilty.

Our DUI lawyer can provide you with the strong defense you deserve. Learn more below, and give us a call to schedule a case consultation.

Can You Save Your Driver’s License After a DUI Charge in San Jose?

Upon being arrested for a DUI, you’re typically given a pink temporary license. This license is valid for 30 days from the date of your arrest. After 30 days, the suspension will take effect unless you challenge it. Taking timely action is crucial if you wish to keep your driving privileges.

It’s possible to save your license after a DUI charge. You must request a hearing with the Department of Motor Vehicles (DMV) to do this. But you need to act quickly. This is your chance to show why you deserve to keep your license.

Learn more about what you need to do below. Do not forget to call us to request a consultation.

What Happens During a DUI Stop?

What happens during a DUI stop

During a DUI stop, officers first observe any signs of impairment. This can include erratic driving, slurred speech, or the smell of alcohol. If they suspect you’re under the influence, they’ll conduct tests to confirm their suspicion. Remember, you have the right to remain silent during this time.

After the initial observations, officers usually conduct field sobriety tests. These tests help officers judge your level of impairment. If you fail these DUI tests, you might be asked to take a breathalyzer test. Cooperation is crucial, but understanding your rights is equally important. While you should cooperate with the officers, remember that you have a right to remain silent. Be sure to exercise this right.

Field Sobriety Tests

Field sobriety tests are physical exercises police use to gauge impairment. These include walking in a straight line or standing on one leg. The tests are designed to assess balance, coordination, and attention. However, these tests are only sometimes accurate and can be affected by various factors.

Some people have medical conditions that impact their performance. Nervousness, fatigue, or even your shoes can influence the results. If you believe your performance was affected by such factors, it’s essential to let your attorney know. Your attorney can take a look at how the tests were administered and make sure to challenge the results of any test that was administered incorrectly.

Breathalyzer Test

breathalyzer will estimate your BAC based on the alcohol found in your breath. This test can provide officers with an estimate of your blood alcohol concentration (BAC). If your BAC is 0.08% or higher in California, you’re considered legally impaired. Refusing this test can lead to immediate license suspension.

However, breathalyzers aren’t foolproof. They need to be appropriately calibrated and used correctly. Share this information with your attorney if you believe there was an error with your test. We will take a close look at the results and see if we can challenge the reading.

Arrest and Booking

If the officer believes you’re under the influence, they’ll arrest you. Following the arrest, you’ll be taken to the police station for booking. This process involves recording personal information and the charges against you. Afterward, you might be released or held until bail is posted.

During the arrest, it’s essential to stay calm. Resisting arrest can lead to additional charges. Once you’re at the station, remember your right to an attorney. It’s wise to consult with one before answering any questions. Get in touch with us to speak to a member of our team.

Will Your License Be Suspended Upon a DUI Conviction in San Jose?

After a DUI arrest, your license isn’t automatically suspended. The suspension only happens after a conviction or if you fail to challenge it within the given timeframe. If convicted, the length of suspension varies based on the offense.

However, even before conviction, the DMV can suspend your license. This is separate from any court-imposed penalties. To prevent this, you need to request a DMV hearing. You have ten days from the incident to file your request.

How Can You Challenge the Suspension?

How can you challenge the suspension

To challenge the suspension, you must request a hearing with the DMV. This hearing is your chance to argue against the suspension. You can present evidence, call witnesses, and have an attorney represent you.

Winning the hearing means the DMV won’t suspend your license. However, a court conviction for DUI can still lead to suspension. So, preparing a robust defense for both the hearing and the court trial is essential.

What Happens at the DMV Hearing?

The DMV hearing focuses on the circumstances of your arrest. The hearing officer will review if the officer had reasonable cause to arrest you, if you were lawfully arrested, and if your BAC was 0.08% or higher. Remember, this hearing is solely about your driving privileges.

Having an attorney during this process can be beneficial. They can challenge evidence and present a strong defense following a DUI arrest. While the hearing might seem informal, its outcome significantly impacts your driving rights.

What Are the Penalties for a DUI Conviction in San Jose, California?

What are the penalties for a DUI conviction in San Jose, California

In San Jose, DUI penalties can be severe, and they increase with each subsequent offense. Here are some standard penalties for DUI convictions:

  • Fines and Fees: Fines for a DUI can range from hundreds to thousands of dollars. In addition, you might face other costs like court fees or mandatory donations to victim restitution funds.
  • Jail Time: First-time offenders might face minimal county jail time, but repeat offenses can lead to extended periods of incarceration. The exact length of your sentence can vary depending on your history and any prior DUI convictions.
  • Probation: Instead of, or in addition to jail time, you might be placed on probation. This probation requires you to follow specific rules, like attending alcohol education classes or avoiding further legal troubles.
  • License Suspension: Your license can be suspended after a DUI conviction. The duration varies based on the offense and any prior convictions.
  • Ignition Interlock Device (IID): Some DUI offenders might be required to install an IID. This mechanism stops your car from starting unless you pass a breathalyzer test.

Understanding these penalties underscores the importance of a good defense. If you’re facing DUI charges, seeking legal help can make a difference in the outcome of your case.

How Long Will Your License Be Suspended?

License suspension periods vary based on the offense and any prior DUI convictions. It’s separate from any court penalties and is administered by the DMV. Challenging this suspension requires swift action on your part.

1st Offense

For a first DUI offense, your license can be suspended for up to 6 months. However, with a successful DMV hearing and the installation of an IID, you might regain limited driving privileges.

2nd Offense

A second DUI offense in the same ten-year window can lead to a 2-year suspension. Again, with an IID and a restricted license, you can drive to work or school. Repeat DUI offenders could face harsher penalties.

3rd Offense

A third DUI offense can result in a 3-year suspension. While this is severe, you can potentially reduce the suspension period with an IID and restricted driving rights.

4th or Subsequent Offense

For the fourth (or more) DUI offense within ten years, you could face a 4-year suspension. Limited driving privileges might still be an option, but consulting with an attorney is essential. Because subsequent DUI offenses are always more severe, consult a lawyer who can make sure your rights are protected.

What Legal Defenses Can You Present in a DMV Hearing to Preserve Your Driving Rights?

At the DMV hearing, several defenses can be presented. For instance, you can challenge the breathalyzer’s accuracy or the traffic stop’s legality. An experienced attorney can identify potential defense strategies for your case.

Apart from technical defenses, you can also challenge procedural errors. Maybe the arresting officer didn’t follow proper protocols. Or perhaps there were issues with how the evidence was handled. Highlighting these flaws can sway the hearing in your favor.

How Long Do You Have To Request a Hearing After Your San Jose DUI Arrest?

How long do you have to request a hearing after your San Jose DUI arrest

After a DUI arrest in San Jose, you need to request your hearing within ten days. This is a short window; missing this deadline can lead to automatic license suspension. Once you’ve been arrested, it’s crucial to act immediately.

The DMV hearing is separate from any court proceedings. It’s specifically about your driving privileges. So, even if you believe you have a strong court defense, you still need to address the DMV suspension by requesting this hearing.

How Can Our San Jose Criminal Defense Attorneys Help if You Were Arrested for a DUI?

Facing a DUI charge can be daunting. However, you can navigate this challenge confidently with the appropriate legal representation. Our San Jose Criminal Defense Attorneys at Summit Defense can:

  • Provide Expertise: Our team understands the nuances of DUI laws in San Jose. We can offer valuable insights and strategies tailored to your case.
  • Challenge Evidence: Whether it’s the breathalyzer results or the way the arrest was conducted, we can identify and challenge any inconsistencies or procedural errors.
  • Represent You in DMV Hearings: As discussed, keeping your driving privileges requires a DMV hearing. We can represent you, ensuring your best defense is presented.
  • Negotiate Plea Deals: In some cases, a plea deal might be the best option. Our attorneys can negotiate with the prosecution to reduce charges or penalties.
  • Offer Support: Beyond the legal aspect, facing a DUI charge can be emotionally taxing. Our team provides guidance, reassurance, and support throughout the process.

With Summit Defense by your side, you’re not alone. We are committed to defending your rights and ensuring the best possible outcome for your situation. Reach out to us today.

Secure Your Driving Rights and Call Our San Jose DUI Defense Attorney at Summit Defense Now

Secure your driving rights and call our San Jose DUI defense attorney at Summit Defense now

Time is of the essence when dealing with DUI charges in San Jose. Your immediate actions can shape the future of your driving rights and the overall outcome of your case. Being proactive and informed is your first step to navigating this situation.

With the right legal team, you can challenge any charges against you. Our experienced attorneys at Summit Defense are ready to fight for your rights. Don’t leave your future to chance.

Secure your driving rights and call us now. We would be honored to provide you with a case consultation.

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