If you are a California licensed driver arrested for a DUI in San Jose you will have your California driver's license confiscated upon arrest for a San Jose DUI and a temporary license will be issued in its place. This temporary license will last for 30 days and during those 30 days the California driver will have full driving privileges. If he or she has not requested their APS hearing then following the expiration of the temporary license the driving privileges will be suspended from four months to indefinitely depending on the circumstances. If you are arrested for a San Jose DUI and are not a California licensed driver then your out of state license will not be confiscated but you will still be issued a temporary license and your California driving privileges will still be suspended following the expiration of the temporary license is a stay is not requested within ten days of the arrest.
While your home state may never suspend your driving privileges in their jurisdiction they will likely find out about your San Jose DUI. The majority of states belong to an instate compact which shares information between states. You should always check with your home states department of motor vehicles to see if your driving privileges in their jurisdiction will be suspended. If you decide to return to California and apply for a California driver's license you will have to complete an instate alcohol program and comply with all requirements from the Department of Motor Vehicles.
If you are an out-of-state driver who has been arrested for a San Jose DUI it is strongly recommended that you consult with a skilled San Jose DUI Defense Lawyer who knows the local laws and can make all appearances on your behalf. A San Jose DUI Defense Attorney can assist you with finding alternative sentence requirements that are available in your home-state.