Law Office of Thomas F. Mueller

Law Office of Thomas F. Mueller
Thomas Mueller
95 S Market St Ste 300
San Jose, CA 95113
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We are proud to help those accused of a DUI in San Jose, California. Thomas F. Mueller, California attorney at law, is known for his high success rate in the criminal cases he defends in both state and federal court systems. He provides aggressive representation and personalized client service to every single defendant. He is recognized as one of the premier San Jose criminal defense attorneys and specializes in defending all major felony and misdemeanor criminal cases in federal, state and juvenile court. He has handled almost 10,000 cases with an outstanding success ratio.

You are not alone if you have been charged with a DUI. If you are in need of DUI attorneys in San Jose, contact the Law Office of Thomas F. Mueller for a consultation today.

Answers

What do I need to do to get this reduced to dry reckless? There is very little chance of obtaining a reduction. The D.A.s in California have been given their marching orders and will go to trial before reducing those cases. The only possibilities are that the car stop was illegal or that something goes drastically wrong with the D.A.s case. For example the officer gets sent to Iraq or they lose the blood sample. If the conviction would be life altering to you I can only suggest you hire a good lawyer and have him file a Motion to Suppress and if that is denied, set the case for trial and pray.

How can I get my license back after four DUIs? It will be necessary to retake the Multi Offender Program. Also it may be necessary to get a medical clearance, depending on your disability. The easiest way to find out is to check with DMV. The courts don't get as involved anymore. But when you go to DMV don't emphasize your disability.

How does a DUI impact someone with misdemeanor charges? Probably not. Judges usually treat DUI s as there own seperate world. If you have a prior DUI it will have a large affect.

Second offense DUI consequences? If you took a chemical test, the testimony of a bartender is pretty much useless. If not, it would not only be useful but essential to defending your case. The fact that you are a lightweight is not nearly as important as the results of the chemical test.

What happens if you get a DUI while driving on a suspended license? If you did not get notice that your license was suspended, that charge should be dismissed. If you did, the effect will be controlled by the number of priors you have had, if any and by the reason for your suspension. If it was for DUI, then it's worse.

What is considered failing on a DUI field sobriety test? The police are able to point to a myriad of things which they say caused you to fail. After many years at this job I have concluded that those tests are designed to cause you to "fail". This gives them an excuse to Chemically test you.

Can my DUI case be dismissed if the officer didn't read my Miranda Rights? The only way it would be relevant is if you made an "admission" before you were given "Miranda". Most judges in California don't require Miranda warnings until after you have been arrested (handcuffed and put in the patrol car). Usually the lack of Miranda is not enough to get the case dismissed.

Under what circumstances can I be charged with a DUI? You not only have a good defense to the DUI charge, you are innocent. The D.A. needs to prove not only that you were drunk and were in the car; he needs to prove you drove it while under the influence. Based on the facts you stated you should not only challenge the charge in court but also the APS suspension. You should consult with and probably hire a good attorney to help.

How can I qualify for a wet and reckless driving charge instead of a DUI? As long as there were no aggravating circumstances the D.A. will , most likely, offer you a "wet". To insure that result it would be a good idea to retain an attorney.

Can I plead guilty to a DUI charge in advance? The only way to avoid going to court is to retain an attorney, then you don't need to go to any appearances.

Do I need to appear in person in court for my DUI trial? You should hire an attorney. Not only can he/she make all your court appearances for you but at a .09 B/A they can probably get you a reduction to a "wet".

What happens if you refuse to take a breathalyzer test? Normally you are arrested one way or the other. The real problem with refusing a test ( which is your right ) is that you lose your driving privilege for one year ( on your first offense ) and the judges usually penalize you more severely if you are convicted.

Is there a way to expedite the DUI process? Yes. You can either plead guilty at the first appearance or, if you want to discuss it with a D.A. you can set it for Pre Trial without waiving your right to a speedy trial. If you would like to advance the case on calender before your first appearance (arraignment ) you may be able to do that by going to the court clerk"s office and filing a request.

Can I get a DUI while on marijuana instead of alcohol? Yes, you can. They try to make their case circumstantial by proving things like: How were you driving? Was there an accident? If they took blood can they prove that you used marijuana?

What are the best tactics used to lower DUI penalties? Usually DUI fines are pretty standard, however you can offer to do volunteer work for credit against your sentence. The hitch is that that work is credited at a low rate.

Can a police officer pull you over for no reason? He cannot legally pull you over without probable cause. That means he needs to be able to articulate a reason he thought you were violating the law. Those of us in the business cynically believe they can come up with a reason to stop anyone.

What is the best way to lower a DUI fine? The only to reduce it in California is to ask the judge to allow 'Volunteer Work " in lieu of the General Fund portion of the Fine of about $1600.

Is a second DUI a felony charge? It is only a felony if there was an accident with an injury or there was a prior felony DUI conviction. Still, the penalties from court and the DMV are greater with every new conviction.

What will happen to me if I am convicted of a DUI? The judge will normally not punish you more severely for going to trial, but you would need to be there 3 or 4 days and the chances of winning are not good, especially if you had a B/A above .08. Most people just go with the flow.

Does a first offense DUI affect my ability to get a job? It is certainly a possibility. It depends on many factors such as: How much they need you What you will be doing for them. How many other applicants there are Whether the offense is aggravated I don't believe graduate shools are concerned witrh your arrest record

What are the options and consequences on a 2nd DUI offense? The minimum Jail time is 2 days but most judges around here impose a 10 day minimum. The alternative is 30 to 45 days of Weekend Work Program (in Santa Clara County) or less in a SWAP program ( in other counties ). Of course there is also the 18 month DUI Program as well as 3 years probation and the $2000+ Fine.

Can I reduce the charge for my DUI case? Under normal circumstances the D.A. will offer you a "wet reckless", unless there are aggravating factors such as a prior, a serious accident or evidence of drug use.

Can I get arrested even if I was only sitting in a parked car with the keys in the ignition? You are legally arrested if the officer had probable cause to believe you were driving while intoxicated. There are two legal issues here. One is whether the circumstantial evidence he had at the time of the detention even gives him the right to " detain you ", second whether the evidence he had at the time of the arrest is enough to support the arrest. The courts will look at the following: whose car is it were the keys in the ignityion was there anyone else around that could have been driving ( to that spot ) what you said to the police after you were detained. Whether there was evidence of drinking after the car was parked there.

Does my sister need an attorney for a first DUI charge? The reason to hire a lawyer in that case is to insure against disaster. It is unlikely that a judge would impose a jail sentence but if there are aggravating circumstances, it is possible. It is also possible that a good lawyer would find a hole in the prosecution's case. I recently represented a man who was charged with a second offense DUI and the D.A. was asking for 60 days in jail. We persuaded her to reduce the charge to a " wet reckless " thereby avoiding jail time and reducing the fine.

Can PC 1000 be used by a 20 year old to secure delayed entry of judgment/dismissal of this violation? Section 1000 does not apply to anopen container of alchohol, only to marijuana. If the case has been reduced to an infraction you may want to consider just pleading No Contest rather trying to get D.E.J.. An Infraction is not a crime and the penalty would probably be less severe than the program necessary for the D.E.J. In any case the commisioner is wrong. D.E.J. does apply to an Infraction 23222(b)

Is it possible to drop DUI charges due to lack of evidence? There are a few possible defenses. First, you can't be prosecuted for DUI if you were not driving. Second, youcan't be prosecuted for " open container " unless you had control of the alchohol. Finally, it is hard to tell whether there is a possible dismissal for an illegal search without looking at the police report. If the officer saw drunk people in the car he may have the right to search based on searching for fruits of the crime.

How can I clear my DMV record after my license was suspended? You can't clear the DMV record for 10 years. You can clear your criminal record after completion of probation ( usually 3 years ).

Does a DUI count as a second one if I got my first one in another state? It does if it is a law that is equivalent to Caliufornia law. So, if the other state makes it a crime to drive with a .05 BA that would not be considered an equivalent prior and would be thrown out.

Can I sue a sheriff for falsifying a DUI report? What happened to you happens all the time. The remedy is to sue him or make a complaint to his superior or internal affairs. If you want to sue you need to make a claim to the government entity he works for ( SJPD complaints go to City of San Jose, etc. ). There is a time limit so you should do it right away. Don't expect a fast payoff. The government Attorney's fight those cases tooth and nail.

What happens if I accidentally missed a court date for a DUI? When you miss a court date a warrant is issued and you are subject to arrest at any time. You or an attorney can usually get the warrant recalled by making a request to the judge through the court clerk. The court clerk is located in the building the court is located.

Can I fight my DUI if the breathlyzer machine wasnt working? It is possible to challenge the accuracy of the machine. In order to have a chance it is necessary to hire an expert to look at the maintenance records of that machine and the readout product before and after your test.

Will I have to serve jail time on a second DUI conviction while on probation? Some times we are able to persuade a given judge not to impose jail time on a second offense DUI, especially if we can show that you are taking the matter very seriously and doing something to avoid the problem reoccuring. What I usually suggest to my clients is to go to as many AA Meetings as possible up to the court date. 30 in 30 days is not too many. The judges consider 2 in 3 years to be an indication of alchoholism and want to impose a penalty that will stop the process

Will my case be dismissed if I turn myself into a different county? The case is not dismissed. It will still be an outstanding warrant and will be there until it is purged. With a misdemeanor I believe it is 10 years but those policies change. So you could go through it again and be held another 5 days. etc.

Is it possible to drop DUI charges due to lack of evidence? You are not guilty if you did not possess the alcohol. The D.A. tries to prove his case by proving where it was found in the car , whether anyone had been drinking and the statements of the people in the car. If none of those things point to you, your case will be dismissed. Warning: If you are convicted there may be a license suspension

Will a DUI come up on a background check if it was only an infraction? Good news. The DUI appears to be when you were a juvenile and they do not show up on a criminal record since they are not convictions. They do show up on a driving record but they go away after 10 years.

How can I legally drive after serving my suspension period? If DMV doesn't send you a Suspension Letter you are good to go. Better maske sure they have your current address. If they have been mailing you at that address, you are ok. They will send you a letter if there is a suspension.

What can I do if I cannot afford to pay for the program after a DUI? You need to do the program in order to get your license back. It's the law. There is no way for you to get it back without the program.There is another serious problem. If you deon't complete it now you go into the category of people who don't have a referral by a judge and you will not be able to get a restricted license until you complete the 18 months.

What happens if I have not paid my court fines? There is now a warrant for your arrest. It would be best to hire an attorney to get the warrant recalled and reschedule the classes. It would be best to wait until you can pay all, or a substantial portion of the fine up front, just to show the judge you are in good faith.

Will I be liable for someone leaving my house drunk and getting a DUI? You are not criminally liable unless you forced them to drive or the driver was a juvenile. But you may be held civilly liable ( get sued ) if you were negligent ( knew he was drunk yet allowed him to drive away without stopping or warning him ).

Can I apply for a restricted drivers license if I started my classes for a DUI? If you don't start your classes when the judge refers you, you can't get a restricted license until you're done.

Can my DUI case be dismissed if I only blew a .08? .08 is over the limit but normally the D.A. is willing to either dismiss it or reduce it. A good lawyer would be a good move.

Can I get a DUI reduced without an attorney? Yes, but you improve your chances with a good lawyer.

Can I beat a DUI in court if I blew a 0.05? Yes, unless you were using drugs and the D.A. can prove it with a blood test result or other reliable evidence.

Can a DUI charge stay on record if it wasn't filed? It sounds like a Juvenile case. If that is so, there would be no criminal record at all. Juvenile Court cases do not result in a conviction unless they are strikes. However it would go on his DMV record and would stay there for 10 years.

What are the consequences for a drunk in public arrest? A Drunk In Public is punishable the same as a standard Misdemeanor, with a maximum of 3 years probation, a $1000 fine and 6 months in jail. But it is thought of as a very low level offense and can usually be resolved by a Dismissal if one completes 10 or so AA meetings. Naturally that assumes you have not been convicted 10 times before.

How is the DMV hearing different from the trial? There are two hearings because the law makers thought it a good idea. Go figure. It seems that every new legislature wants to make their chops by going harder on DUI s. The DMV hearing is a short and sweet hearing where you have no right to a jury and the hearing officer is a DMV employee who has been given orders to uphold the suspension except under the most unusual circumstances. The court hearing is a much more formal proceeding where you will at least get the normal " due process " rights and you have the option of a jury.

Can a DUI charge be dropped after nine years? The Statute does not apply to a case where you failed to appear, however the case may have been seriously weakened by the passage of time. You should consout with a good lawyer who can explain your options and effectively deal with the D.A. If you are in the San Jose vicinity you can come to our office for a free consultation. Call us at 408 2921564

How can I get a false DUI charge off of my record? You write the police agency a letter asking for a finding of factual innocence, If they refuse you can ask a judge to do it. Best to have a lawyer at that point.

What can I do if I cannot appear in court for a DUI charge? The only way to avoid coming to court is to hire a lawyer to make the appearance for you. A good lawyer can make all the court appearances in the case and can send you the result with instructions on how to carry out the judges sentence.

How long can you go to jail for a DUI? The most jail time you can do on a 1st offense DUI, where there was no accident is 6 months, but most judges will allow you to do community service work instead. In order to ensure that you don't get any jail you should hire a good lawyer.

How long does a DUI remain on your record? DUIs come off your DMV record after 10 years, but never off your criminal record. You can get them expunged but they still are there.

Will my DUI case be dismissed if I blow below the legal limit? It may be dismissed depending on the result of the blood test and also the other factors such as the driving observations, the results of the field sobriety tests and what you told the police

Do you have to get an interlock if you are convicted of drunk driving? For a first offense it's up to the judge. Very rare that they order it. On a second offense you need to install one in order to avoid a 1 year suspension.

Will a police officer know if my license was suspended in a different state? The police will not know about your Kansas suspension unless DMV has reflected the Kansas suspension with a California suspension. As inefficient as DMV is, I would guess they won't catch it until you need to renew. When they do take action, they should notify you by mail. Keep an eye on your mail box.

What can happen if I was arrested for a DUI and possible drug possession? Nothing will happen unless the blood/breath test or the lab test of the substance comes back positive.

Does my suspension get reduced if the DUI charge is dropped to a wet reckless? The DMV makes their own independent decision. They are not controlled by the court resolution. The only hope was to either win your hearing at DMV or get the case dismissed.

Can I have my DUI dropped to reckless? Very good chance of getting a wet reckless or better. You should hold out for a dismissal and then settle when the D.A. has gone as far as he will go.

Can I take an attorney to the administrative hearing at the DMV? Yes an attorney who is familiar with those hearings can be very helpful.

How can I get a DUI expunged from my record? It comes off your driving record automatically after 10 years. It stays on your Criminal Record forever but you can get it expunged after successfull completion of probation.

Can I go to jail for not attending my dui classes? You probably are not in danger of jailbut you will lose your license until you do. If that occurs you can go back to court and ask the judge to rerefer you to a program.

What happens if I refused to take a breath test? If you were lawfully arrested and refused to take a test you can be charged with DUI and lose your license for a year. If all you had was 2 beers it is regrettable that you didnt test.

Is it possible for me to request a dash cam video from a police officer? It is difficult to prove that a police officer lied. The two methods commonly used are to file a Discovery Motion and to request a Police Dispatch Tape. Neither is foolproof but they sometimes yield results. If the case is over with it may be that you have lost the right to do anymore unless you file a Motion to Withdraw your plea.

What should I expect after being arrested for an under age dui arrest? The normal fines are around $1900. If there was no accident you could make do with the P.DThe biggest problem is a 1 year license suspension.

What if you are arrested from drinking and driving and you are an illegal immigrant? It is possible that they will detain her and hold her for deportation, but since they didn't do it at arrest, she is probably home free. THe next danger time is at court. She can avoid going to courtby retaining an attorney.

What is the law on DUI searches? If the car stop was lawful (police had probable cause) and they detect the odor of alchohol, they are allowed to search for evidence of it anywhere in the passenger compartment. If they see something of a contraband nature while looking for alchohol the law allows them to seize that also.

What is the zero tolerance law in California? You heard wrong. The zero tolerance ends at the end of probation. The 10 year limit applies to prior offenses. A repeat offense within 10 years of a conviction results in a 1 year license suspension and an 18 month DUI Program as well as an increased Jail or Weekend Work Program sentence.

Will I be obligated to take alcohol classes after a DUI? You must attend 12 weeks of classes. If you don't you will lose your license. It's about 24 hours

Can I represent and fight my DUI case myself? An experienced DUI lawyer will be able to spot holes in the D.A.s case, if there are any. He will also be able to find ways to mitigate the penalty. Hiring a lawyer is an insurance policy against being taken advantage of by the D.A. Your second DUI is serious and it pays to be cautious

Am I obligated to take the breath test when I am pulled over for a DUI? California law requires you to take a blood or breath test if there is probable cause to believe you are DUI. You are not required to take the test at the scene but if you don't take the station test you will lose your license for a year. Most times the D.A. has enough evidence to convict you without a test so you are better off taking it.

What are the costs involved with a drunk driving case? On a first offense DUI with no accident the normal attorney fees are $2500. The normal fine is $1900. The classes cost about $400. The weekend work program, about $50

Can I travel and work in Canada and other countries with a dui on my record? It is possible, but not likely the DUI will affect your travel. You will need to check with the representatives from each country to find out. The policies vary and change frequently. I believe the only problem you would have is a short conversation with immigration on the way in or out of the country.

Do I have to install an IID after three years of probation from a DUI? Your 18 month court order has passed so the courts will not require an IID. however sometimes the DMV does require one. You should call or stop by DMV for the answer

If I was charged with another DUI in a different state, is it considered a second DUI? For purposes of the court case the California conviction will be considered a prior in Oregon. The Oregon case will not be considered in California except if you get charged again in California. However if you still have a California drivers license the Oregon case may cause you to lose your privilege in California.

Will a dui conviction prevent me from getting a law related job? No it won't. The last advice I got from the bar association was that if you admit your mistake and have taken remedial action ( classes ) they will not stand in your way. Now all you need to do is go to law school and pass the bar.

Can DUI classes be transferred to a different state? In order for the Cal. DMV to approve that plan he would need to be a permanent resident of that state. Otherwise they will suspend his privilege in California. Then Mass. will suspend his privilege there. A better plan would be for him to contact a class provider in Cal. and ask them to enroll him, then postpone the classes themselves until he gets back. He has 6 months from sentencing to complete the classes.

How will a DUI affect my future employment? How it will affect your future employability is up to the individual firm. It certainly is feasible that, all other things being equal, an employer will let that be the deciding factor. It is a good idea to expunge the conviction. We find that a good lawyerin San Jose for expungements is

Can I refuse to take breathalyzer? In California you have the right to refuse the test at the scene ( PAS ). There is no penalty.

Can I be charged with DUI for posession of marijuana? It mostly depends on the other facts of the case,such as : How was your driving. How did you do on the field sobriety test, What did you tell the officer. There is not a good qualitative standard for DUI involving Mj. So the D.A. needs to rely on other factors to prove his case.

Can I get a DUI in a parked car? You can be convicted if the D.A. can prove you drove through circumstantial evidense, such as: Was engine warm? Were the keys in the ignition? Was anybody else in the car? Is it your car? Were there empty alcohol containers in the car? It would be a good idea to consult with an attorney since it would be considered your second offense.

Can I get a license in another state if I did not complete my DUI classes? Most, if not all states will not renew or issue a new license if you are suspended in another state. You will be suspended in Cal. if you don't go to the classes. Therefore you probably will not be allowed to be licensed in state two.

What happens if I get in a car accident after drinking but below .08? You are not responsible for the accident, but should report it to your insurance co. right away. they will defend the case. As to the DUI charge, the D.A. will look to other factors to determine whether to charge you. If there is no evidence of " inability to drive safely " the charge can be defended.

What will happen if you get caught shoplifting while on probation for DUI? It is possible for your probation to be violated and incur an additional sentence, however most judges will not do this if the new case is quickly settled.

Jail time for a DUI? Most judges require either jail or an equivalent. A good lawyer can keep you out of jail.

How do they test for DUI when not drinking alchohol? If the CHP suspects drug use, the law allows them to take a blood or urine test and the drug shows up.

I was convicted of a DUI in CA 45 days ago. Is it too late to appeal or vacate? It is not too late to attempt to withdraw your plea, but many judges are reluctant to allow it, especially when you had an attorney representing you ( even though it was the P.D. ). In order to have any success you should hire a lawyer and it definitely helps if the P.D. should not have recommended a guilty plea. A good lawyer toi consult is Tom Mueller at 408 2921564

If I blew exactly .08, will I be charged for a DUI? Yes you will. The DA will be willing to either reduce or dismiss depending on the circumstances.

Does it make a difference if I was not driving when I was arrested for DUI? The DA doesn't need to prove that the CHP saw you driving. They usually attempt to prove their case by circumstantial evidence.

Can a police officer pull me over with no reasonable cause? Yes it is. Our experience is that some officers act and create a reason later.

Will not taking breathalyzer affect my court hearing ? If you are referring to the small hand held device the police have at the scene, there will be no effect at all. You are not obligated to take that test. But the one given at the station must be taken or you lose your privilege to drive and the judge usually imposes a more severe sentence.

What to do if you get a DUI after admission to graduate school? You need not disclose it unless asked. But you might keep in mind that a DUI conviction may well impact your ability to get a job. Employers normally ask applicants if they have convictions. You need to disclose then.

How do I recieve a restricted license? I presume you meant a .01 B/A. If it had been a .10 ,you would have been arrested for a Misdemeanor.In order to get a restricted license you need to prove a 'Critical Need" The forms are available at DMV or can be downloaded.

What happens if you get an out of state DWI? He/she should do whatever it takes to avoid a suspension in that state. If the license is suspended there it will also cause a suspension here. There is no duty to disclose but it here but it probably will be counted as a prior in Cal. and if there is another conviction within 10 years the penalties are increased.

Will a dismissed D.U.I prohibit me from employment in child care? Legally there are no guidelines for disclosing an expunged conviction. We do know that it must be disclosed when applying for a license of any sort. We also know that it will show up on the official record despite the dismissal. I usually advise clients to disclose if the prospective employer is a large organization, because they usually have access to a large data base.

Can I get my DUI dismissed? If you took a test at the station, the results of that test will determine the disposition of the case. If the results there were over .08 you will probably not get it dismissed. The only other defense is whether the Police had probable cause and the " lights off " gives them that.

Can my son get charged with a DUI even if he was driving at below limit? That is a very good fact scenario 6o recommend retaining a good lawyer. Chances are a good lawyer will not only save him from a license suspension, but will get a reduction or dismissal of the charges.

What is the difference between a DUI and a DWI? In California there is no difference.

Can I get license a class a license after getting a DUI? You need to consult the DMV in the other state. Or you can call a lawyer in that state for a phone consultation.

Can I get my drivers license back without completing a DUI program? The DMV will not return your license without a completion. You might try going back to the program you were attending and ask them if you can get a cert. of compl. by going to the last 8. The DMV will honor that.

How will a DUI arrest affect my out of state license? Most states will require you to state under penalty of perjury that your license is not suspended in any other state. It may be that there is a process there to obtain a license without getting your license restored in Cal.You will need to go to the DMV in that state and ask. If they require that you get your privilege restored in Cal first then consult a lawyer here to determine whether that is possible in your circumstance.

What happens if you get multiple drunk driving offenses? There are many insurance carriers that insure people with DUI convictions. The internet would be a good place to start.

Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.