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San Jose DUI Attorney

Need a Lawyer for a DUI Charge?

Although you may feel that your case is helpless and that your only chance of avoiding maximum penalties is to offer a plea bargain offered by the prosecution, this may not be the case. A San Jose DUI defense lawyer at our office can thoroughly investigate your case from every angle to determine the best approach to challenging your charges. You may be surprised to find that we can help you avoid a conviction or have your charges dropped altogether.

Driving under the influence (DUI) is defined as operating a motor vehicle while impaired by alcohol or drugs. The legal limit for blood alcohol content (BAC) throughout the country is .08%. If you are found to be driving with a BAC of .08% or higher, you will be placed under arrest immediately and charged with either a misdemeanor or a felony, depending on the facts in the case. Do not wait to retain an attorney until it is too late.

Our Law Firm Gets Results!

At the Law Office of Thomas F. Mueller, we have more than 40 years of experience defending clients against criminal charges. Even if you are charged with felony DUI, there are defenses our experienced San Jose DUI lawyer can use to protect you.

Trust our attorney's accomplished record and legal skill:

The sooner you get our high-powered criminal defense attorney on your side, the sooner we can build your defense. We offer a free case analysis to help you get started—so call our firm today and learn how we can be of assistance!

How Serious Will My Charges Be?

The severity of drinking and driving charges varies with the circumstances surrounding each case. If someone else was injured or your charges involved an extreme risk of danger, you are more likely to face aggravated charges and, if convicted, steeper consequences.

Factors that can affect your charges and the penalties you face include:

  • Prior convictions
  • Underage DUI
  • BAC of .16% or higher
  • Excessive speed
  • Minors in the vehicle
  • Driving under a suspended license
  • Accident involving property damage or bodily injury

For drivers 20 years of age or younger, our state employs a "Zero Tolerance" policy. If you are underage and driving with a BAC of .01% or higher, you can face DUI charges that carry penalties including fines, mandatory alcohol education, and license suspension.

Additionally, California has "implied consent" laws that require drivers to submit to a chemical test when pulled over by a police officer under suspicion of drunk driving. Refusal to take the test will result in automatic suspension of your driver's license for 1 year for the first offense and 2 years for a repeat incident.

Potential Defenses for Your DUI Case

There are a number of possible defenses to charges of driving under the influence, depending on the circumstances of your particular case. The state has the burden of proving the evidence against you beyond a reasonable doubt. With a strong criminal defense, you can use the burden of proof to your advantage.

Our seasoned San Jose DUI attorney can question:

All it may take is a violation of your legal rights or a mistake by law enforcement. The arresting officer may have arrested you without establishing probable cause that you were driving under the influence. Your breath test may have been administered using a breathalyzer machine that was not properly calibrated. Field sobriety testing may have been administered improperly. Any of these or similar circumstances may give your lawyer grounds to successfully challenge your charges.

Just arrested for DUI in San Jose? Contact the Law Office of Thomas F. Mueller!

Frequently Asked Questions About DUI

What should I do if I have been arrested for DUI?

If you have just been arrested for driving under the influence in San Jose or any other part of California, it is important that you contact a DUI defense lawyer immediately. At the office of Thomas F. Mueller, we have almost forty years of experience handling DUI cases and have achieved great success in helping our clients.

Will I lose my driver’s license?

If you are arrested for DUI, the arresting officer will immediately confiscate your license. You then have 10 days to request a DMV hearing to challenge the suspension of your license. If you do not request a hearing, your license will automatically be suspended.

How can I get my driver’s license back?

Hiring an attorney with experience will greatly increase your chances of getting your license back. Your attorney may be able to help you schedule a DMV hearing and can represent you at the hearing. A successful DMV hearing is an important start to your case.

Is a blood test or a breath test more accurate?

A blood test is more accurate than a breath test. However, both tests are susceptible to errors and equipment malfunction. You will need an experienced California DUI defense lawyer who can challenge the reliability of any blood tests or alcohol breath testing devices.

What if this is my first offense?

Depending upon the seriousness of the charge, you may be looking at a jail sentence of up to one year, probation, fines and restitution. A DUI lawyer can try and get you alternative sentencing, helping you avoid jail altogether.

If I’m arrested for DUI, how can I stay out of jail?

It is possible to stay out of jail by obtaining alternative sentencing such as community service or counseling. Your attorney can request this from the court.

I was previously convicted for DUI. Can I get an expungement?

To get a DUI expunged from your record, your previous case must meet specific criteria. Unfortunately, Not everyone can get their charges expunged. To learn more or begin the process of requesting an expungement, visit our DUI Expungment page.

Have you been charged with drinking and driving? Contact us today to get a seasoned legal team on your side!

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Law Office of Thomas F. Mueller - San Jose Criminal Defense Lawyer
Located at 95 South Market Street, Suite 300 San Jose, CA 95113. View Map
Phone: (408) 673-9140