Arrested For DUI In San Jose – What Should I Do Next?

Whiskey, car keys and handcuffs

After a DUI arrest, the immediate question is “What should I do next?” Below, San Jose DUI attorney Nick Cvietkovich explains immediate steps to take.

Get an Experienced DUI Attorney

The most important action to take after a DUI arrest is to seek out an experienced DUI attorney. Time is of the essence because you only have 10 days to set a DMV hearing.

Set a Hearing With the California DMV

You only have 10 days from your arrest to set a DMV hearing. Otherwise, you will automatically lose your driver’s license. By setting the hearing you will get a stay of suspension of your license. This means that you will keep your license at least until the DMV makes a decision on the hearing.

Let Your DUI Lawyer Handle the DMV Hearing

The DMV hearing should always be handled by a DUI attorney. People often ask if they can handle the hearing on their own. The analogy our firm gives is the question, “If you had an electrical problem in your house, would you re-wire your own house?” You need a professional who has handled these types of hearings many times!

Many people think that if they blew or gave blood and the result is over.08 BAC, then why get an attorney? We always hear “I’m already screwed.” That is not true. DMV hearings are won on defects and mistakes in the officer’s report or procedure.

Examples of Defects and Mistakes in the Officer’s Report or Procedure

Here are some examples of defects and mistakes in an officer’s report or procedure:

  • Insufficient proof of driving
  • Inadequate reasons in the report of what legal violation necessitated the stop of your vehicle
  • The officer makes illegal detention (example: blocking a parked car in which a driver is suspected of being under the influence)
  • The chemical test (blood, breath, or urine) was taken more than 3 hours after driving
  • The report does not give an accurate time of driving or when you took the chemical test —therefore the DMV cannot prove the 3-hour rule
  • Title 17 of the California Code of Regulations was not followed
  • There was no 15-minute observation period before the breath test was performed
  • There is a rising blood-alcohol defense
  • Wrong date and/or time in the report—this will save your license
  • The officer did not advise properly on your right to refuse a chemical test
  • The officer does not show up to the hearing

Call Our San Jose DUI Lawyer for a Free Consultation

Hiring an attorney, setting the DMV hearing on time, and reading the reports provided by the DMV (the Discovery) can save your license, and later lead to a dismissal of criminal charges. Not at least requesting a DMV hearing and getting the discovery is a mistake. We have won a .27% BAC case because the officer wrote a deficient report.

The consequences are enormous if you lose your license and/or are convicted in a criminal court of DUI. The financial costs are enormous! We recommend that you hire an attorney immediately after being arrested for DUI. Call us at (408) 898-9770 or contact us online for a free consultation.

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