There are two distinct procedures that arise from an arrest for a San Jose DUI. The first a criminal process through the criminal court system. The second is through the Department of Motor Vehicles and will determine whether your license will be suspended based solely off of the arrest for a San Jose DUI. If you plead guilty to a San Jose DUI through the criminal court system, the court will send an abstract to the DMV to suspend your license. This suspension is completely independent of the potential suspension through the Department of Motor Vehicle Driver's Safety Branch.
California State Law allows for the Department of Motor Vehicles to automatically suspend your license based off of an arrest for a San Jose DUI. For is first offense it is generally a four month hard suspension beginning when the temporary license issued to you with your citation expires – generally 30 days after your arrest. In order to put a stay on this automatic suspension you must contact the DMV within 10 calendar days of your arrest. If you contact the DMV within 10 days of your San Jose DUI arrest you can request an APS hearing to review the automatic suspension of your driving privileges. The DMV hearing will be presided over by a hearing officer employed by the DMV who will determine whether there was probable cause for the San Jose DUI arrest and whether your BAC was a .08% or higher at the time of driving.
The DMV hearing officer has a unique role as both prosecutor for the state and judge who determines the ultimate disposition of the hearing. Given the hearing officer's dual position the DMV hearings are very difficult to win. A capable San Jose DUI Defense Lawyer will assist you in raising defenses at your DMV hearing and presenting the best opportunity for a set-aside.
