Hinkle, Jachimowicz, Pointer & Emanuel

Experienced San Jose DUI Defense Lawyers

Only 10 Days to Stop the Suspension of Your License

If you’ve been charged with a DUI in California (driving with a blood alcohol level of .08 or more), you have only 10 calendar days from the day of your arrest date to stop the automatic suspension of your license. If you consult with us, we can immediately stop the suspension of your license pending a hearing with your lawyer at the Department of Motor Vehicles to contest the suspension of your license.

You then will be able to drive until otherwise ordered after a hearing (see matrix). If we win at the hearing, your license will be returned with no administrative suspensions. Usually, a telephone hearing is not effective. We recommend an in-person hearing, often to take the officer’s testimony and even bring in a forensic toxicologist to testify about errors in blood or breath sampling.

Our Drunk Driving Defense Attorneys Have 100 Years of Combined Experience in the Bay Area

John Hinkle and Michael Horner are both members of the California DUI Lawyer Association and Mr. Horner’s practice is limited to drunk driving and driving related issues such as traffic violations and DMV suspensions for point count violations, loss of consciousness, and other issues. Call John Hinkle today (408) 246-5500 Ext. 101 to schedule a free consultation.

In an emergency (you are near the end of your 10 day grace period), you may choose to use the REQUEST FOR STAY FORM. This must be filled out fully and faxed immediately to DMV. If you see us we will take over, get the Stay of Suspension, order discovery (all police reports and lab results), gather evidence of your version of the arrest (often very different from the officer’s report), and if appropriate, RETEST your blood for accuracy and/or retain a toxicologist (scientist who testifies in alcohol cases). We can help!

DUI Arrests - The Court Case

Every arrest for DUI (first offense, second offense, third offense, fourth offense, or DUI with injury) means that you will have both court and DMV cases.

Court Sentences have become very severe since new legislation in 2005. You do not have to be afraid of going to court. WE CAN USUALLY APPEAR IN COURT WITHOUT YOU and continue the case for negotiations with the District Attorney. In this way, we can discuss your case several times with the District Attorney and hopefully reduce the offense to a lesser charge and/or lessen the financial and time expenses of sentencing.

Typical Issues in a DUI Case

Probable Cause to Stop

The police must have probable cause (legally sufficient reason) to stop you. Only an experienced DUI lawyer can evaluate this issue and if appropriate file a motion to invalidate the car stop (motion to exclude evidence based on lack of probable cause to stop).

Were You the Driver?

Surprisingly, many people are arrested for DUI with very little proof that they were actually driving a car (car parked, suspect out of the car, ignition off). Although this “driving” issue may sometimes be inferred from the circumstances, there is an absolute defense if the police can not show beyond a reasonable doubt that the person charged, in spite of being under the influence, was actually driving.

Was Your Blood Alcohol Level Above The Legal Limit At The Time Of Driving?

This is not as simple an issue as most people think. In order for you to lose your license at DMV you must be proven to be .08 or more at the time of driving. The breath machines (or blood sample) cannot tell when you were driving. Ask us about the rising blood defense, proper administration of breath and blood tests, and proper preservation of blood samples (including whether the “chain of evidence" was preserved.

At the law offices of Hinkle, Jachimowicz, Pointer & Emanuel, located in San Jose, California, our goal is vigorously to defend Californians who have been charged or accused of criminal offenses, including charges of DUI / DWI (drunk driving).

Contact our California DUI defense attorneys to schedule a consultation.