DMV Hearing Defense in San Jose
You have only 10 days to request a DMV hearing after a DUI arrest in San Jose. Our team fights to save your driving privileges.
Former Prosecutors Now Fighting For You
- Extensive Santa Clara County Experience
- Former Prosecutor Insights
- Proven Defense Strategies
DAYS TO REQUEST DMV HEARING
Miss this deadline = Automatic license suspension
DMV Hearing Defense in San Jose: Save Your License
After a DUI arrest in San Jose, you face two separate proceedings: the criminal court case and the DMV administrative hearing. Many people don't realize that the DMV will automatically suspend your license if you don't request a hearing within 10 days of your arrest. This suspension is completely separate from any criminal penalties and can occur even if you're never convicted of DUI.
At The H Law Group, our San Jose DMV hearing attorneys are former prosecutors who understand both the criminal and administrative sides of DUI cases. We immediately request your DMV hearing and fight aggressively to save your driving privileges using proven strategies that work in Santa Clara County.
DMV Hearing vs. Criminal Court: Two Separate Battles
DMV Administrative Hearing
- Purpose: Determine if license should be suspended
- Timeline: Must request within 10 days
- Standard: Preponderance of evidence (lower burden)
- Issues: Did you drive? Were you over .08? Did you refuse test?
- Penalties: License suspension/revocation only
- Hearing Officer: DMV employee (not judge)
Criminal Court Case
- Purpose: Determine guilt for DUI crime
- Timeline: Arraignment typically 30+ days after arrest
- Standard: Beyond reasonable doubt (higher burden)
- Issues: All elements of DUI offense
- Penalties: Jail, fines, probation, DUI school
- Judge: Superior Court judge
Consequences of Losing Your DMV Hearing
Serious Consequences You're Facing
- •Automatic license suspension if no hearing requested
- •4-month suspension for first offense
- •1-year suspension for second offense within 10 years
- •Possible restricted license eligibility
- •Ignition interlock device requirement
- •SR-22 insurance filing requirement
- •Administrative fees and reinstatement costs
Don't face these penalties alone. Our former prosecutor team knows how to challenge evidence and negotiate reduced charges.
How We Fight DMV License Suspensions
How We Fight for Your Rights
Former prosecutor advantage: We know exactly how the prosecution builds their case and where to find weaknesses.
Understanding the Critical 10-Day Deadline
What Happens If You Miss the Deadline
- • Automatic suspension - no hearing, no appeal
- • 30-day temporary license expires
- • No driving privileges until reinstatement
- • Must complete suspension period before applying for license
- • SR-22 insurance required for reinstatement
Benefits of Requesting Hearing
- • Extends temporary license until hearing date
- • Opportunity to challenge evidence and witnesses
- • Possible dismissal of suspension
- • Restricted license eligibility if suspension upheld
- • Coordination with criminal defense strategy
Types of DMV Hearings We Handle
Administrative Per Se (APS) Hearing
For drivers who took a breath or blood test with results of .08% BAC or higher.
First Offense:
- • 4-month suspension
- • Restricted license after 30 days
- • IID requirement
Second Offense:
- • 1-year suspension
- • Restricted license after 90 days
- • IID requirement
Third+ Offense:
- • 1-year suspension
- • Restricted license after 6 months
- • IID requirement
Refusal Hearing
For drivers who refused to take a chemical test (breath or blood).
First Refusal:
- • 1-year suspension
- • No restricted license
- • No early reinstatement
Second Refusal:
- • 2-year revocation
- • No restricted license
- • Must reapply for license
Third+ Refusal:
- • 3-year revocation
- • No restricted license
- • Must reapply for license
Our Proven DMV Hearing Defense Strategies
Technical Challenges
- • Breathalyzer calibration and maintenance records
- • Blood test chain of custody documentation
- • Officer training and certification verification
- • 15-minute observation period compliance
- • Rising blood alcohol defense
Procedural Defenses
- • Lack of reasonable suspicion for traffic stop
- • Improper arrest procedures
- • Failure to properly advise of consequences
- • Missing or incomplete police reports
- • Witness availability and testimony challenges
Don't Lose Your License - Act Now!
Every Day Counts - Here's What We Do Immediately:
Within 24 Hours:
- • Request DMV hearing to preserve your rights
- • Obtain temporary license extension
- • Begin evidence gathering and case analysis
- • Coordinate with criminal defense strategy
Before Your Hearing:
- • Subpoena police officers and documents
- • Challenge breathalyzer and blood test evidence
- • Prepare comprehensive defense presentation
- • Negotiate for restricted license if needed
Remember: Even if you plan to plead guilty in criminal court, you can still win your DMV hearing and keep your license!
Local Court Information
DMV Driver Safety Office
1377 Fell St, San Jose, CA 95112
CRITICAL: You must request a DMV hearing within 10 days of arrest or your license will be automatically suspended. We handle this immediately.