Arrested for DUI in San Jose?
You need to start working on your case right away. If you do not request a hearing within ten days of your arrest your license will automatically be suspended by the DMV. Call Ginny Walia Law Offices now for a free consultation about your San Jose drunk driving case and DUI defense. (408) 724-9200
San Jose DUI Consequences
Not all San Jose DUI penalties or charges are the same. Depending on your age, license type, and any previous convictions, you could face:
- License suspension.
- Jail time or community service.
- DUI school.
- Installation of an ignition interlock device (IID).
- SR-22 filing.
Drunk Driving and Your Rights in San Jose
- There must be legally sufficient facts to constitute “probable cause” to stop, detain and arrest you.
- You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
- Once arrested, you must be advised of your constitutional rights (the “Miranda Warning“) before any further questioning takes place.
- You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the “implied consent” advisement).
- If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.
San Jose DUI Arrest Reports
San Jose Police reports and records may be obtained from the SJPD Records Unit located at:
San Jose DUI Accident Reports
If you were arrested for DUI in San Jose after being involved in a traffic collision, you can obtain a copy of the traffic collision report via this link.