DUI Lawyer Oakland

Oakland DUI Lawyer

If you or a loved one has been accused of driving under the influence of alcohol or drugs in the Oakland California area, you need the help of a criminal super lawyer who is knowledgeable and willing to be aggressive on your case. Even an allegation of driving under the influence can affect your life and your livelihood, so it is important to find an Alameda County attorney who has already tried DUI cases and understands how important it is to have an aggressive criminal defense strategy.

Penalties for Drinking and Driving

The first time you are charged with DUI in Oakland CA, it will only be a misdemeanor DUI arrest unless someone was injured as a result of your intoxicated driving. However, you will probably have to deal with a California license suspension right away. Other potential penalties include fines, court costs, jail time, prison, and drunk driving impact panels such as MADD (Mother Against Drunk Driving). Speak to your lawyer if you have any questions how Oakland DUI law applies to your case.

License Suspension

Your driving privileges will be suspended for four months if you refuse to take the chemical test offered by the officer if this is your first DUI, but that suspension goes up to one year if you have been arrested for DUI DWI within the past 10 years. That suspension will follow you across state lines, because California reports violations to other jurisdictions. Tell your criminal defense lawyer right away during your initial consultation if you need a restricted license so you can continue to drive to work and take care of your family.

Misdemeanor DUI

First time DUI charges might mean up to only 48 hours of jail time because a misdemeanor crime in California is the smallest kind of crime. However, California takes drunk driving very seriously and there are other punishments, such as loss of driver’s license, to enforce the seriousness of the DUI arrest. You may also have to pay court costs and fines or serve time on probation for your case.

Felony DUI

Under California law, you may be charged with felony DUI if you cause injury or death to someone else, or if you have multiple DUI arrests within a 10 year time period. The penalties for a felony are much harsher than those for a misdemeanor, and you could be risking 4 years in a state prison and/or up to a $5,000 fine. One reason defense attorneys with DUI experience work so hard to get the best results is that subsequent DUI arrests can make your situation worse every time.

DUI Defense

There are 3 basic ways to win a drunk driving case in California. You can

  1. prove that you weren’t actually intoxicated, or that your level of intoxication did not rise to a legally punishable level;
  2. prove that your driving wasn’t impaired, or
  3. provide evidence that the arresting officer did not follow proper procedures when giving you the chemical test or other sobriety tests.

Proving That You Weren’t Intoxicated

Many of the signs that officers look for to prove that you were intoxicated are also signs for other conditions. For example, if you have a cold, you may be exhibiting symptoms such as red eyes and lethargy, which could be mistaken for intoxication. If you have arthritis in your hip, you may not have a steady gait. An officer who is looking for evidence of intoxication may find it even if it’s not really there.

Your criminal defense attorney will review all of the evidence, including any videos or notes made by the officer contemporaneous with the traffic stop. Some of the State’s evidence can fall apart as soon as it is looked at objectively. Make sure to tell us about any possible defenses related to illness, medication, or injury, because your DUI lawyer has experience presenting those kinds of evidence to the court. You attorney will apply the facts of your case to the circumstances and the law.

What Is Considered Impaired Driving in a San Francisco DUI?

The original traffic stop in an Oakland DUI may be based on a minor traffic violation, such as weaving over the center line. The Alameda County officer who pulls you over may then investigate while collecting your driver’s license and other information.

If your Oakland DUI attorney can prove that the traffic stop was bad, all of the evidence collected during the investigation of your case will be inadmissible. Sometimes the officer is wrong about the law, or you may be able to prove that the officer was in a good position to observe the specific violation. A good Oakland criminal defense attorney will look for ways to keep out other evidence as the first part of an aggressive DUI defense.

Officers Are Required to Follow Very Specific Procedures When Conducting Field Sobriety Tests

One of the biggest mistakes made by the arresting officer in Oakland DUI charges is to ignore the requirement to observe drivers suspected of driving under the influence for 15 minutes. During that time, they need to be able to see you so that they can testify later that they didn’t see you doing anything, such as drinking or regurgitating. Even being left alone in the backseat while the officer is driving or doing paperwork will call the investigation into question. Tell us if you have any medical conditions that could affect your ability to follow directions in a sobriety test.

That is just one example where Alameda County officers have been found to make mistakes, but the rules on how to administer the tests are very specific. An experienced Oakland Ca criminal DUI lawyer knows how to inspect all of the charging documents and evidence to find any mistakes or discrepancies. As part of your DUI defense, your Oakland DUI attorney will even make sure that the machine used by the officer was properly calibrated and in good working order. The earlier you call us after your initial arrest, the easier if will be for us to preserve the evidence to defend your case.

Call Our Law Office Today to Speak with an Oakland DUI Lawyer

If you or a loved one has been accused of drunk driving, speak with an Oakland DUI attorney who has the experience to make a difference. Our lawyers understand how traumatic it can be to be involved in a DUI case, and we let our clients know they can trust us to fight vigorously for their rights. Call us today for a free consultation with an attorney so we can start working right now to get the best possible result on your case.

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