The DUI Process
San Jose DUI Attorney Helping You Understand the DUI ProcessThe DUI process is mysterious to many people arrested and charged with DUI. Everyone has heard contradictory stories about people going to jail for a first time DUI convictions as well as people walking free after multiple convictions. At the Law Offices of Donald M. Kelly, we are committed to clearly explaining the DUI process to our clients and providing them the information they need to make informed decisions at the DMV hearings and during criminal proceedings. Contact Our San Jose and Santa Cruz DUI Attorneys Today. A DUI involves civil and criminal cases that happen simultaneously. There are numerous steps for each proceeding and either can be concluded successfully without impacting the other. Our attorneys represent clients in all aspects of a DUI/DWI case. The Criminal DUI CaseThe criminal case begins when you are arrested and charged with driving while intoxicated. This also the initiates the DMV case. The arresting officers will confiscate your driver's license and you will receive a Notice of Suspension. This provides temporary driving privilege for 30 days and must be challenged within ten days or the suspension is automatic. After the arrest you will be given either a mandatory breath test or a blood test. You will be arraigned and usually sent home. This is often when we get involved. We make the D.A work for the convictions. We often file motions with the court to determine the validity of the stop and the record of the arresting officer. We also work with the prosecuting attorney to see if we can reach plea agreements. When all else fails, we are prepared to bring a case to court, challenging every aspect of the case from the initial stop to the validity of breath tests. The DMV CaseWhile the criminal case is moving through the system, the case involving the driver's license is usually moving forward. There is a hearing before the Driver Safety Office Hearing Officer. During this hearing the DMV must show that the suspension is justified. Often the arresting officer must appear to make the case, and if the officer does not appear the chances are good that the license will not be suspended. Any testimony offered by the officer can be later used in a criminal proceeding. Contact our DUI Defense LawyersThese cases are very complex and require an experienced San Jose or Santa Cruz DUI attorney to protect your rights and interests. If you have been arrested and charged with a DUI, please contact the Law Offices of Donald M. Kelly immediately. You can reach us in San Jose at 408-298-2800 and in Santa Cruz at 831-429-1009. We can also be contacted by filling out the confidential intake form on our Contact Us page. |
