San Jose DUI Attorney

Brief Overview of Criminal Charges Relating to Drunk Driving

DUI, or “driving under the influence,” is defined as the operation of a motor vehicle (truck, car, commercial vehicle, or motorcycle) while under the influence of alcohol or drugs. It is usually determined by your BAC (blood alcohol concentration) which measures the level of alcohol in your blood. A driver with a BAC of .08% or higher is considered to be driving under the influence, which severely impairs the abilities and reaction time of the driver.

In California, a DUI can be charged as a misdemeanor or a felony depending on the amount of alcohol or drugs in the person’s system and the severity of the circumstances. Either a misdemeanor or felony DUI will automatically result in the loss of your driver’s license.

• If you are charged with a misdemeanor DUI you will face up to one year in jail, fines or probation.
• If you are charged with a felony DUI you will face one or more years in prison, fines, probation and more. A DUI may be classified as a felony if the defendant has an unusually high blood alcohol level, if he or she has two prior DUI convictions, or the DUI resulted in someone’s death.

Why hire a San Jose DUI defense lawyer?

At the Law Offices of Thomas F. Mueller, our San Jose DUI lawyers represent people charged with driving under the influence throughout Northern California. Even if you are charged with a felony DUI, there are defenses that we can use to protect you. We can question the proper use and calibration of a Breathalyzer machine, the authority of a breath test, the legality of the traffic stop, and the field sobriety testing procedure used.

The state has the burden to prove the accuracy of this evidence beyond a reasonable doubt. With our skilled defense lawyers at your side, you may even have the chance to get alternative sentencing, such as treatment or counseling, or have your case dismissed altogether. Penalties for a California DUI conviction grow more severe every year. It is important to contact a skilled San Jose criminal defense attorney who will uphold the law and work diligently to get the best possible outcome for your case, no matter if you have a child facing an underage DUI, if you are personally facing your second DUI or if you need assistance with your DMV hearing.

Have you been accused of a San Jose DUI? Contact a San Jose DUI attorney at our firm today.

For more information about DUI-related cases, please visit our San Jose DUI website!