Arrested For a DUI in San Jose?

Understand the Legal Process

In our state there are more than 200,000 DUI arrests every year. If you are someone that has been arrested and charged with a DUI, it is important to know how to proceed from here. Our San Jose DUI lawyer at The Law Offices of Adam Allen Arant, Esq. has laid out the basic process that occurs from the moment you are stopped by an officer to the time following your arrest.

Being Stopped By the Police

After being pulled over by a police officer on suspicion of drunk driving, you should understand the rights you have under the State of California. You may politely decline to take a field sobriety test at the scene; however, if you refuse a breath or blood test at all throughout the entire arrest process, then you could lose your license automatically for anywhere from 1 to 3 years. If the law enforcement officers decide to arrest you, it is important not to resist arrest or become uncooperative.

Immediately Following Your Arrest

Once you arrive at the police station the following will happen:

  • You may be asked many questions, but you can politely refuse to answer any questions without a lawyer present
  • You must submit to either a breath or blood test if you did not already take one at the scene of your arrest or you
  • You will usually have approximately 20-30 minutes to contact a lawyer before taking the test.
  • You may be held in custody for 10 days if certain aggravating factors were involved in your arrest, such as driving with a suspended license or causing injury to another.

Hearings and Arraignment

The next morning there will be an informal hearing where the judge may set bail and a court date for a preliminary hearing, usually to be held within the next 2 weeks.

  • If you are not granted bail your arraignment will be set for a date within 10 days.
  • If you are granted bail, your arraignment will be set for the next 10-20 days.

Having the assistance of a knowledgeable San Jose DUI defense attorney from our firm to guide you through the complex procedure of a DUI arrest, can make a profound difference in the final outcome of your case.

10 Days to Save Your License

Your time to act is extremely limited. In fact, if you wish to save your driver's license from suspension, you have only 10 days to request a DMV hearing after your arrest. At this hearing, you have the opportunity to prove that there is no basis for the license suspension or revocation. It can be extremely beneficial to have an aggressive DUI lawyer there during this process, as they can prepare the evidence in your case to help preserve your driving privileges.

Attorney Arant Fights for Your Cause

At The Law Offices of Adam Allen Arant, Esq., we are committed to providing you with the resources, time and aggressive defense necessary to build a dedicated case for you. Our top priority is ensuring that you receive the best legal representation available. We understand that this can be a confusing and overwhelming experience. We consider it our privilege to be able to assist you in easing your anxiety, fighting for your freedom and seeking the best possible outcome for your DUI charges.

Please do not hesitate to contact our office to receive answers to any questions or concerns you may have. We provide a FREE initial consultation, or you can fill out our evaluation form here.

For answers to other DUI related questions, click here.

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