DUI Lawyer in San Jose, CA

According to the California Vehicle Code §23152, it is considered to be a criminal offense to be operating a motor vehicle while under the influence of alcohol or any drug. In fact, it is considered to be a per se offense to have a blood alcohol concentration (BAC) over the legal limit of 0.08%. What, however, if it is not an adult behind the wheel? Driving under the influence is not an activity limited exclusively to those over the legal drinking age of 21. The law recognizes this and has cracked down considerably on underage drivers who they believe to be intoxicated.

Arrested for an underage DUI?

Their efforts, however, mean that the law does not equally apply to those under 21. In fact, the state of California has enacted what is known as the "Zero Tolerance Law." This means that it is illegal for a driver to have any discernible amount of alcohol in their system if they are under the drinking age. How little alcohol are they allowed to have in their system? According to the law, it is considered to be a criminal offense for an underage driver to have over 0.01% BAC.

This, however, does not mean that an underage driver is necessarily under the influence if they are arrested. So if you are found with a BAC over the legal limit for underage drivers does it mean that you were drinking? Not necessarily. In fact, it has been found that even a spoonful of cough syrup could push you over this edge. A driver can be perfectly sober with a BAC that low. With a BAC at this level, the average person will appear perfectly normal. In fact, even up to 0.05%, the average person will only feel relaxed and mildly euphoric - with mild impairment to their concentration.

Contact a San Jose drunk driving attorney today!

If you have recently been criminally charged with an underage DUI, it is in your best interests to get the involvement of a San Jose criminal attorney that you can trust. At the Law Office of Thomas F. Mueller, we understand what is on the line with criminal offenses of this kind. Over the years, we have earned a reputation for hard-hitting representation when it is needed most. Should you choose to get us on your side, you will be able to rest assured knowing that you will have over 35 years of experience fighting for you. So don't waste another moment - give us a call and let us get started defending you.

To schedule your initial case evaluation, please do not hesitate to contact a San Jose underage DUI lawyer from our legal team by calling 408-292-1564.