San Jose DUI Defense Attorney
Overview of California DUI Charges
DUI in California is either a misdemeanor or felony charge depending on the amount of alcohol or drugs used, and the severity of the circumstances. Punishment may be as follows:
- One year or less in jail or prison;
- Fines and restitution; and
- Loss of your driver's license
A felony charge is more serious than a misdemeanor and is typically the result of either vehicular homicide, very high blood alcohol levels or three prior DUI convictions.Whatever the charge and the circumstances, it is important to contact an attorney today if you have been charged with a DUI. Protect your rights and your future.
How can a San Jose DUI defense attorney help you?
When you are dealing with the possibility of a DUI conviction, it is extremely important that you take every possible chance to protect your legal rights. At our firm, we know just how daunting this situation can be and we are fully committed to providing our clients with the accessible legal representation that they can deserve. On our site, you will be able to find the answers that you need to some of the most pressing questions that you might have about drunk driving charges. Read below and you will be able to find some of the issues that we are able to assist you with.
DUI Defense
It is considered to be a per se offense to be driving a motor vehicle with a blood alcohol concentration over the legal limit of 0.08%. If you are criminally charged, you will find that you are facing penalties that include incarceration, serious penalties and the possibility of a blemish on your criminal record. Do not fight this charge along – contact us and let us help. Read more
about DUI defense.
DMV
Completely separate from the criminal case will be the hearing held by the state's DMV hearing. During this proceeding, you will not have to deal with the question of guilt. Instead, you will have to look towards the proceedings leading up to and surrounding the arrest process. Here the future of your driving privileges will be determined, although you could still face license suspension in the separate criminal case. Read more about the DMV hearing.
DUI Breath Tests
The foundation for many officers' cases regarding drunk driving relates to the evidence gathered from the breath test. These tests, however, are prone to error and should there be extenuating circumstances, interfering compounds or an improperly handled machine, the result could be skewed or completely flawed. Read more about DUI breath tests.
DUI Blood Test
Commonly believed to be the most accurate form of chemical testing, the blood test requires a blood sample to be sent to a lab and tested for the blood alcohol concentration. While more accurate, it is still not without its flaws. If the chain of custody is broken, if the sample is contaminated or if it is not properly stored, the results could be flawed and, with the help of an experienced lawyer, could be dismissed as admissible evidence. Read more about the DUI blood test.
Field Sobriety Tests
One of the preliminary tests used by law enforcement officers to determine impairment is that of the field sobriety tests. These require the subject to test their motor skills as well as their listening abilities, however, are highly subjective. There is no scientific way to judge these tests. Instead, the results are often left up to the opinion of the arresting officer. Read more about field sobriety tests.
Expungements
Having the existence of a criminal record is not only inconvenient, it can be a near impossible obstacle to overcome as you attempt to move forward in your life. In some cases, you could be eligible for what is known as an expungement. This could seal your record, effectively allowing you to move forward into the next chapter of your life with a clean slate. Read more about expungements.
Just Arrested?
If you have just been arrested for drunk driving, it is likely that you are feeling frightened, overwhelmed and unsure of where to turn. We encourage you to contact our firm as soon as soon as possible. The criminal process moves quickly and if you do not have experienced representation on your side, you can find that you are quickly left behind. Read more about what to do after being arrested.
Hiring a DUI Lawyer
The process of finding the right attorney to represent your case can be a daunting one, but it should not be impossible. At our firm, we know what is on the line when you are dealing with a DUI-related case and we are prepared to go the distance in our efforts to protect you. By getting us involved, you will be able to be confident knowing that we will go the distance in our efforts to provide you with reliable and high-quality assistance when it really counts. Read more about hiring a DUI lawyer.
Important DUI Q&A
It is not unlikely that you have a lot of questions if you are facing a DUI. The criminal process can be complex, especially if you have never dealt with it before. For this reason, if you have been criminally charged, we encourage you to consult us. We know the confusion that you are likely experiencing and we are devoted to helping you get the accessible and honest answers that you deserve. Read more about important DUI Q&A.
Experienced DUI Lawyer in San Jose
A California DUI is a very serious offense. DUI is defined as the operation of a motor vehicle (truck, car, commercial vehicle, or motorcycle) while under the influence of alcohol or drugs, which severely impair the abilities and reaction time of the driver. A person's BAC is the standard measurement to determine if a person is legally intoxicated. If your BAC is 0.08% or higher while you were driving you may be arrested for driving under the influence.
At the Law Offices of Thomas F. Mueller, our lawyers represent those charged with DUI throughout San Jose and Northern California. With our skilled legal team by your side, you may be able to get alternative sentencing such as a drug treatment program or counseling instead of a jail or prison sentence. Our defense lawyers have the qualifications and experience needed to help defend your constitutional rights and get the best possible outcome for your case.
Have you been accused of a DUI in San Jose? Contact a San Jose DUI defense lawyer
from our firm as soon as possible!