A DUI, also known as driving under the influence, is a serious offense that can lead to stiff penalties in Oakland, CA. You are entitled to a strong defense, and our team is here to help you.
At Summit Defense, our Oakland criminal defense attorney is here to protect your rights, fight for your freedom, and give you the legal advice you need. We offer a free consultation to ensure you have the information you need to make the best decision for your defense and future. Learn more about misdemeanor and felony DUI charges below. Then, contact our DUI and DWI lawyers to schedule a free consultation.
OAKLAND’S DUI LAWS: OUR OAKLAND DUI LAWYER CAN HELP YOU
The local criminal justice system prosecutes driving under the influence seriously under California Vehicle Code §23152. The first provision states, “It is unlawful for a person under the influence of any alcoholic beverage to drive a vehicle.”
The second provision is specifically for drunk driving and states that it is illegal for a driver to drive with a blood alcohol concentration of .08 or greater. There can only be two ways for you to be convicted of a DUI offense in Oakland, CA: you are substantially affected based on conduct by either drugs or alcohol or if you have a high blood alcohol concentration (BAC) of .08.
The percentage for the BAC will change for commercial drivers driving a commercial vehicle or if you are under the age of 21. If you are moving a commercial vehicle, you cannot have a BAC of .04 or more. The state has a zero-tolerance policy for underage drinking, so those under the age of 21 cannot have any alcohol in their system at all.
Whether you are being investigated for a possible DUI or have already been charged, our Oakland DUI lawyers are here to support you. Contact our criminal defense law firm to schedule a free consultation today.
STEPS TO TAKE IF CHARGED WITH A DUI
Being charged with DUI can be overwhelming, but taking the right steps early on can help protect your rights and improve your chances of a favorable outcome. Follow these critical steps to navigate the legal process effectively:
- Stay calm and comply: Remain polite and cooperative with law enforcement while avoiding any incriminating statements. Arguing or resisting arrest can only worsen your situation.
- Exercise your right to remain silent: Politely decline to answer questions beyond providing basic identification. Anything you say can be used against you in court.
- Request legal representation: Contact an experienced DUI attorney as soon as possible to discuss your case and ensure your rights are protected from the start.
- Document everything: Write down details about your arrest, including the timeline, officer behavior, and any unusual circumstances that could support your defense.
- Review the charges and evidence: Your attorney will help you understand the specific charges and evaluate the evidence against you to identify possible defense strategies.
- Prepare for court appearances: Follow your lawyer’s guidance, dress appropriately, and be punctual for all scheduled court hearings to demonstrate responsibility and cooperation.
- Consider alternative options: Depending on your case, options such as plea bargains, diversion programs, or reduced charges may be available to minimize the impact of a DUI conviction.
Taking the right steps after a DUI charge can significantly affect the outcome of your case. Seeking professional legal advice early on is crucial to building a strong defense and protecting your future.
WHAT TO EXPECT WHEN FACING A DUI IN OAKLAND, CALIFORNIA
If you are facing DUI charges, we know this process can be stressful. You should expect to be arrested, photographed, and fingerprinted. You should also get the opportunity to post bail, where you can be released pending the resolution of your case. Of course, all DUI charges are serious, and you need an experienced Oakland DUI lawyer who can help you. Possible penalties include fines, a license suspension, and even jail time.
Contact our legal team to start building your defense. We will help you go through the process of a DMV hearing and blood test. You will need strong representation in federal courts for your Oakland drunk driving charges. Our Oakland DUI attorneys are here to help you after a DUI arrest.
TYPES OF DUI CHARGES
There are different types of DUI charges in the city of Oakland, CA. It is important to be aware of the differences between these charges so that you are put in the best position possible to make the best decision for your case. Some of the key points to keep in mind include:
FIRST OFFENSE DUI MINIMUM PENALTIES
Your first DUI offense will result in fines and time in prison. You can only be found driving under the influence if you have a BAC of .08 or higher. A conviction typically results in $390 to $1,000 in fines, DUI school, a six-month driver’s license suspension, and a mandatory installation of an ignition interlock device (IID). Depending on the circumstances of your case, jail time could be imposed, but we will do everything we can to keep you out of jail. You should expect between three and five years of probation.
SECOND OFFENSE DUI MINIMUM PENALTIES
If it’s your second DUI offense, you will face harsher punishment. You will face another fine of between $390 to $1,000, plus possible penalty assessments. You will have to go to the second-offender DUI school, which is a more involved class. There is a mandatory minimum of 96 hours in jail, but the maximum penalty is one year. You will also have to install another IID on your car and face probation of three to five years. Your driver’s license will likely be suspended for two years.
THIRD OFFENSE DUI MINIMUM PENALTIES
If you are convicted of a DUI for the third time, you will face a minimum of 120 days in jail and a maximum of one year. You could face a fine of $2,500 to $3,000, plus penalty assessments. You will also face 30 months of court-approved DUI school, another IID, and a driver’s license suspension of up to three years. You will also face three to five years of probation once you are released from jail. If there are injuries stemming from this DUI, you could also face felony charges with upgraded penalties.
Regardless of whether or not it’s your first, second, or third offense, you will need the help of an Oakland DUI defense lawyer. Our Oakland DUI attorney can help you build your defense and face the DMV for your driving privileges. Contact us today to learn more about how we can assist you. Even if you are convicted, we can help you minimize the potential penalties.
TYPES OF EVIDENCE USED IN DUI CASES
In crimes involving DUI, investigations are held to find and collect evidence to help support those cases. Here are a few types of evidence that can be used in DUI cases:
- Officer’s testimony: The arresting officer’s observations, including driving behavior, physical appearance, and performance on field sobriety tests, are often used to justify the stop and arrest.
- Police reports: Official reports document the officer’s account of the incident, including statements made by the driver, test results, and any relevant details about the traffic stop.
- Video footage: Dashcam and bodycam recordings provide an objective view of the traffic stop, field sobriety tests, and interactions between the driver and law enforcement.
- Eyewitness reports: Testimonies from passengers, bystanders, or other drivers may provide additional perspectives that support or contradict the officer’s claims.
- Physical and forensic evidence: This includes open containers, signs of intoxication, or other physical evidence found in the vehicle that could be used to support DUI charges.
- Chemical evidence: Breath, blood, or urine test results are used to measure blood alcohol content (BAC) and can serve as critical evidence in determining impairment.
This evidence is crucial to every DUI case, and the prosecution will attempt to pile as much evidence as possible against you. Our experienced DUI attorney from our law office knows how to fight against the prosecution. We have a tremendous amount of knowledge regarding California law, and we can lean on that knowledge to fight for your rights. Give us a call today to schedule a case consultation.
COMMON LEGAL DEFENSES AGAINST DUI CHARGES IN OAKLAND
When facing DUI charges, having a strong defense strategy can make all the difference in the outcome of your case. DUI defense attorneys analyze every aspect of the arrest to identify weaknesses and develop a plan to challenge the prosecution’s case. Here are five common defense strategies:
- Challenging the traffic stop: If the officer lacked reasonable suspicion to stop your vehicle, any evidence gathered afterward may be deemed inadmissible in court. Demonstrating that the stop was unlawful can result in case dismissal.
- Questioning field sobriety tests: Field sobriety tests are subjective and often unreliable due to factors such as medical conditions, road conditions, or improper administration by the officer. An experienced attorney can challenge their accuracy and relevance.
- Contesting chemical test accuracy: Breathalyzers and blood tests can produce false readings due to improper calibration, contamination, or medical conditions affecting BAC results. Challenging these results can weaken the prosecution’s case.
- Proving rising blood alcohol defense: Alcohol absorption rates vary, and it is possible that your BAC was below the legal limit while driving but rose above it later. This defense argues that test results do not reflect your actual impairment at the time of driving.
- Identifying procedural errors: If law enforcement fails to follow proper arrest procedures, such as reading Miranda rights or conducting an illegal search, the evidence obtained may be excluded from the case.
Building a strong defense requires a thorough knowledge of DUI laws and the ability to challenge the prosecution’s evidence efficiently. An experienced DUI lawyer can help you explore your legal options and fight for the best possible outcome.
DUI AND DRUGS
Driving under the influence of alcohol or drugs is illegal in Oakland, CA. A blood test will be performed to determine the amount of alcohol or drugs in your system. If it was found that there was an illegal drug in your system, you could be charged with drug crimes.
Oakland prohibits the possession, transportation, and sale of illegal drugs. In Oakland, drug crimes are taken seriously, and those convicted will face serious consequences.
Although controlled substances are defined by statute in Oakland, an illegal drug in your system while driving will be considered an OWI and a drug crime. You will need the help of a criminal defense attorney to start building your legal defense. We can also defend you against drug crime charges.
THE DMV HEARING
When the Department of Motor Vehicles (DMV) orders action against a person’s driving privileges, the person has the right to request an administrative hearing before the DMV to challenge that order and check the evidence supporting the order.
You only have ten days to request an administrative hearing challenging the action against your driving privilege. During the DMV hearing, you will be informed of the legal basis of the action against you and will be allowed to review and challenge the supporting evidence.
You will also be allowed to present your witnesses and supporting evidence to convince the DMV to let you keep your license. The California Vehicle Code, the Government Code, and various Appellate and Supreme Court rulings are the rules that govern these DMV hearings.
After challenging the DMV’s actions against your driving privileges, the DMV will decide to sustain, modify, or revoke its action. If the DMV has ordered action against your driving privileges, they may revoke your driver’s license.
You will need the help of an experienced Oakland DUI attorney to challenge the DMV’s action. DUI attorneys will be the best legal representation for your DUI convictions.
