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Oakland DUI Lawyer

Oakland DUI Effects

A California DUI is usually charged differently based on whether it is your first offense. In California, you may suffer a driver’s license suspension even before you go to court. You only have 10 days to request an administrative hearing at that point if you want to keep your driving privileges so that you can continue to go to work and take care of your family while you are waiting for your case to get through the California criminal justice system. Keep the phone number of your DUI defense attorney on you at all times in case you have a question.

DUI License Suspension

If you are 21 years old and fail a chemical test by having your blood alcohol test .08 or above, California will impose an automatic suspension on your driver’s license. If you have been convicted before within the past 10 years, your minimum suspension will be 1 year. This counts DUI cases you may have gotten in other states, as they will be reported to the Department of Motor Vehicles and will appear on your record. When you have a new suspension, the officer sends the information immediately to the Department of Motor Vehicles so that your suspension will go into effect. If you refuse to take the chemical test, your driving privileges will be suspended for one year for the first offense, two years for the second offense, and up to three years for the next offenses provided the driving under the influence happened with the last 10 years.

You may be able to get a restricted license even if the original license suspension for driving under the influence is found to be valid. Speak to your DUI attorney so you can start the process of getting back your ability to drive to necessary places, such as work, daycare, and the grocery.

Other DUI Punishments

The potential penalties and punishments for a DUI depend on whether or not you have been convicted of drunk driving before. However, your criminal defense attorney may be able to help you mitigate the charges, if not get the case dismissed altogether. That is why you should only speak with attorneys who understand this area of criminal law and exactly what the State has to prove to convict you. DUI lawyers should not be afraid to litigate the case when necessary.

For first-time DUI cases, defendants can expect that the punishment will be relatively mild. Even so, a California DUI can affect every area of your life. Besides driver’s license suspension, you may also be subject to fines, probation, community service, a class, and even jail time, depending on the circumstances of your case for driving under the influence. That is one of the reasons you should start working on your DUI defense as soon as possible.

A first offense DUI case where there is no bodily injury is punishable by up to a year of license suspension, $2,000 in fines, 48 hours in jail, and a 3-month class regarding alcohol education. By the time you have committed 3 DUI offenses within 10 years, that potential punishment is up to $18,000 in fines, 18 months in prison, and 30 months of treatment for alcoholism or substance abuse.

Evidence in a DUI Case

In order to prove a drunk driving case against you, the prosecutor will try to introduce evidence that you were operating a motor vehicle with certain substances in your system that caused you to be unsafe while driving. The evidence may include a combination of different kinds of factors, because the State will need to prove probable cause for the traffic stop and that you were intoxicated while driving. They are required to provide all of their evidence to you and your criminal defense attorney so that you have plenty of time to prepare your DUI defense before going to trial.

Evidence might include dangerous driving, such as speeding or crossing the middle yellow line or being in an accident. The officer who investigates the scene will look at everything, such as whether you smelled of alcohol or had open alcoholic beverages in the vehicle. Even the way you present your driver’s license may provide clues that you are intoxicated. If there is probable cause, the officer may perform field sobriety tests on you.

Any officer who gives a chemical test or performs field sobriety tests must be trained and certified, because there are strict standards as to how those tests are performed. If your Bay Area lawyer can prove there is no probable cause for the stop, none of that evidence will be admitted into court. If the officer performed the tests incorrectly, the Court may deem them invalid. An experienced DUI attorney knows that sometimes even the most professional officers make mistakes.

Before you make any decisions after you get arrested for DUI, get legal advice from a San Francisco Bay Area attorney who has the kind of experience to make a difference in your case. A DUI arrest can have repercussions on your reputation and livelihood before you are even formally charged and follow you for years. Don’t let one mistake of driving under the influence affect the rest of your life.

If you or a loved one has been arrested for DUI, don’t wait to call a defense attorney who can immediately start working on your case. Our firm of attorneys has 20 years of experience evaluating and litigating these kinds of cases and is a Super Lawyers top-rated law firm. We are ready to do what it takes to help you get the best possible result on your case. We vigorously present your DUI defense knowing how important it may be for you and your family. Call our law office at this phone number today for a free consultation!

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 about 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 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. Your attorney will apply the facts of your case to the circumstances and the law.

What Is Considered Impaired Driving in an Oakland DUI?

The original traffic stop in an Oakland DUI may be based on a minor traffic violation, such as weaving over the centerline. 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 to 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 it 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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