Understanding the DUI Process in San Jose
Navigate your DUI case with confidence. Our former prosecutors explain every step of the process in Santa Clara County, from arrest to resolution.
Being arrested for DUI in San Jose triggers two separate legal processes that run simultaneously: the criminal court case and the DMV administrative process. Understanding both processes is crucial for protecting your rights and achieving the best possible outcome. As former Santa Clara County prosecutors, we provide insider insights into how these cases are handled.
Critical Time Deadlines
- • 10 days to request DMV hearing or lose license automatically
- • 30 days temporary license expires
- • 48 hours maximum jail hold without charges
The DUI Arrest Process
1. Traffic Stop or Checkpoint
Most DUI arrests begin with a traffic stop for a moving violation or at a DUI checkpoint. Officers look for signs of impairment such as:
- Erratic driving patterns
- Odor of alcohol
- Bloodshot or watery eyes
- Slurred speech
- Fumbling with documents
2. Field Sobriety Tests
If officers suspect impairment, they may request field sobriety tests. In California, these are voluntary:
- Horizontal Gaze Nystagmus (eye test)
- Walk-and-turn test
- One-leg stand test
- Preliminary Alcohol Screening (PAS) breathalyzer
Important: You can refuse field sobriety tests without penalty, but refusal may be used as evidence of consciousness of guilt.
3. Arrest and Chemical Testing
If arrested, you must submit to chemical testing under California's implied consent law:
- Blood test (most accurate)
- Breath test (most common)
- Urine test (rare, usually for drugs)
Refusal Consequences: Automatic 1-year license suspension plus enhanced penalties if convicted.
Criminal Court Process in Santa Clara County
Arraignment (Within 48 Hours)
First court appearance where:
- Charges are formally read
- Plea is entered (usually not guilty)
- Bail conditions are set
- Next court date is scheduled
Pre-Trial Phase (2-6 Months)
Discovery and motion practice:
- Evidence review and analysis
- Police report examination
- Video footage review
- Expert witness consultation
- Plea negotiations with prosecutor
- Motion to suppress evidence
Resolution
Case concludes through:
- Dismissal: Charges dropped due to insufficient evidence
- Plea Agreement: Negotiated resolution (most common)
- Trial: Jury or bench trial if no plea reached
DMV Administrative License Suspension Process
Automatic License Suspension Timeline
First-Time Offense
- • 4-month suspension (BAC 0.08+)
- • 1-year suspension (refusal)
- • 30-day temporary license
Repeat Offense
- • 1-year suspension (BAC 0.08+)
- • 2-year suspension (refusal)
- • 3-year revocation (multiple)
DMV Hearing Process
- 1Request Hearing (10 days): Must be requested within 10 days of arrest
- 2Hearing Scheduled: Usually 4-8 weeks after request
- 3Hearing Issues: Did arrest occur? Was BAC 0.08+? Was driver properly advised?
Santa Clara County Court Locations
Hall of Justice
190 W Hedding St, San Jose, CA 95110
Primary DUI court for San Jose arrests
- • Departments 24, 25, 26 (DUI cases)
- • Parking: Street meters and lots
- • Public transit: VTA Light Rail
Morgan Hill Courthouse
16600 Courthouse Ln, Morgan Hill, CA 95037
South County DUI cases
- • Department 1 (DUI cases)
- • Free parking available
- • Serves Morgan Hill, Gilroy area
What to Expect: Former Prosecutor Insights
Prosecution Strategy
As former prosecutors, we know the DA's office focuses on:
- BAC evidence and chemical test reliability
- Officer observations and field sobriety tests
- Driving pattern evidence
- Prior DUI history for enhanced penalties
Defense Opportunities
Common defense strategies we employ:
- Challenge the legality of the traffic stop
- Question the accuracy of chemical tests
- Examine officer training and procedures
- Investigate medical conditions affecting tests
- Negotiate alternative charges (wet reckless)
Your Next Steps
Immediate Actions to Take
Within 10 Days:
- Request DMV hearing
- Contact experienced DUI attorney
- Gather all arrest documentation
Before Court:
- Don't discuss case with anyone
- Avoid social media posts
- Complete alcohol evaluation if recommended
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