The Law Offices of Thomas Mueller Articles Have You Been Charged with a DUI?

Have You Been Charged with a DUI?

By Thomas F. Mueller  Oct. 27, 2010 11:00a

Driving under the influence, or DUI, is a crime defined as operating any motor vehicle under the influence of alcohol or drugs. Law enforcement officers who identify suspicious behavior such as swerving, speeding or other erratic driving behaviors may pull over a driver and test them for impaired driving abilities and their blood alcohol concentration (BAC).

If a driver is determined to have a BAC of .08% or higher they can be arrested and charged for driving under the influence which endangers other drivers and severely reduces reaction time and impairs the driver's abilities. Due to the seriousness of these kinds of charges it is very important that a person charged with a DUI get help from a San Jose DUI lawyer to build an effective defense to fight the charges.

If a driver's BAC is below .08% but a law enforcement officer determines by field sobriety test or suspicious behavior that they are still a danger to themselves and others because of impaired abilities they can still be charged for a DUI or more commonly in certain states a DWAI (driving while ability impaired). If the driver's BAC is significantly higher than the legal limit, or there is death involved in the incident a driver can face felony charges. There are typically two types of charges a defendant may face. These are:

  • A misdemeanor DUI, which can be penalized by up to a year in jail, fines or probation.
  • Or a felony DUI in which punishments of a year or more in prison, large fines, extended probation and other sentences may be given. Repeat offenders will more commonly receive felony charges.

DUI Defense Lawyer in San Jose

Usually, if a person is charged with a DUI there are certain defenses including questioning the proper use and functionality of BAC test equipment, the legality of the traffic stop, the testing procedures used, and whether or not the intoxication was voluntary. Without the proper legal representation however, a defendant may be helpless to fight their charges and receive harsher penalties because they didn't know what measurements that could have taken. At the Law Office of Thomas F. Mueller we can provide our expertise in DUI defense to help build the best possible defense for your unique case.

Contact a San Jose DUI Attorney today to find out how we can help.

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