San Jose DUI Lawyer

What Happens After a DUI Arrest in San Jose?

A DUI arrest can lead to immediate license suspension, criminal charges, and serious financial and legal consequences.

Most San Jose DUI arrests begin with a traffic stop or DUI checkpoint. If the officer suspects alcohol or drug impairment, you may be asked to perform field sobriety tests or submit to a breath or blood test.

After arrest:

• Your license may be confiscated.

• You’ll receive a Notice of Suspension and a temporary license valid for 30 days.

• You have only 10 days to request a DMV hearing and contest the suspension.

Failing to act quickly can result in automatic license loss—even before your case goes to court. Our DUI attorneys will immediately help you request this hearing, represent you before the DMV, and begin building your defense.

DUI Penalties in California

The penalties for DUI in San Jose depend on your BAC, prior offenses, and aggravating factors like accidents or minors in the vehicle.

DUI convictions remain on your record for 10 years and may impact employment, insurance rates, and housing.

Learn more at the California DMV – Administrative Per Se (APS) Program.

Why Hire a San Jose DUI Attorney?

An experienced DUI lawyer can challenge the evidence, negotiate for lesser charges, and help you avoid harsh penalties.

DUI defense isn’t just about arguing in court—it’s about understanding the law, challenging the process, and applying science and strategy to your defense. At Scher, Bassett & Hames, we may be able to:

• Contest the legality of the traffic stop or checkpoint

• Challenge breathalyzer or blood test results

• Investigate whether the testing equipment was calibrated correctly

• Fight to suppress unlawfully obtained evidence

• Negotiate reduced charges such as “wet reckless”

• Advocate for alternative sentencing, probation, or license reinstatement

Don’t plead guilty before speaking with a defense lawyer. Even first-time DUIs can carry life-changing consequences.

Common DUI Defense Strategies in San Jose

DUI arrests are often based on subjective observations and flawed testing. Our firm knows how to expose those weaknesses.

We commonly challenge:

• Faulty breathalyzer results due to improper calibration or operator error

• Field sobriety tests affected by medical conditions, anxiety, or poor lighting

• Blood tests with chain-of-custody issues or lab contamination

• Unlawful stops or lack of probable cause

• Procedural errors by police or the DMV

Our attorneys have successfully defended clients throughout Santa Clara County using proven legal strategies, scientific review, and aggressive representation.

Learn more about your legal rights from the California Office of Traffic Safety.

DMV Hearings and License Suspension

The DMV process is separate from your criminal case—but just as important.

You must request a hearing within 10 calendar days of your arrest to stop your automatic license suspension. We represent clients in DMV administrative hearings and help:

• Preserve or reinstate your license

• Apply for a restricted license

• Navigate ignition interlock requirements

• Prepare documentation and defense testimony

We know how to present a compelling argument before the DMV hearing officer and maximize your chance of keeping your driving privileges.

You can read more about these hearings on the DMV’s DUI Arrest FAQs.