A DUI arrest in Oakland, California can lead to severe penalties including jail time, heavy fines, and a suspended driver’s license. If you were arrested for drunk driving in Oakland or anywhere in Alameda County, you need an experienced Oakland DUI lawyer who will fight to protect your rights and your future. At Summit Defense, our DUI defense attorneys have successfully defended hundreds of clients at the Wiley W. Manuel Courthouse and throughout Alameda County. Call (510) 877-8356 now for a free consultation — available 24/7.
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 Oakland felony DUI charges below. Then, contact our Oakland DUI lawyer to schedule a free consultation.
Oakland DUI Laws: How Our Oakland DUI Lawyers Defend You in Alameda County
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 defend you. A DUI arrest in Oakland triggers two separate proceedings: (1) a DMV administrative hearing to fight your license suspension, and (2) a criminal court case at Alameda County Superior Court. You must act quickly on both fronts. Contact our Oakland DUI defense team at (510) 877-8356 to schedule a free consultation today.
Steps to Take After a DUI Arrest in Oakland, California
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.
Oakland DUI enforcement is aggressive, particularly on weekends, holidays, and during special events. The Oakland Police Department (OPD) and California Highway Patrol (CHP) conduct regular DUI checkpoints and saturation patrols on major corridors including International Boulevard, MacArthur Boulevard, and near Jack London Square. Many of our clients are stopped on or near I-880 (Nimitz Freeway), I-580 (MacArthur Freeway), or I-980 after leaving downtown Oakland or Jack London Square. If you were arrested at a DUI checkpoint or during a traffic stop anywhere in Oakland, our DUI defense attorneys can evaluate whether the stop was lawful and whether your rights were violated.
What Happens After a DUI Charge in Oakland? The Alameda County Court Process
If you are facing DUI charges in California, 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 navigate the DMV hearing process and challenge the evidence from your breath test (breathalyzer), blood test, and field sobriety tests. These are the most common tests used during Oakland DUI stops, and each one can be challenged by an experienced DUI defense attorney.
You will need strong representation at the Wiley W. Manuel Courthouse (Alameda County Superior Court, 661 Washington Street, Oakland) where your Oakland DUI case will be heard. DUI cases in Oakland are prosecuted by the Alameda County District Attorney’s Office and heard before judges at the Wiley W. Manuel Courthouse in downtown Oakland. Our Oakland DUI attorneys are here to defend you at every stage of the process, from your arraignment through trial.
Types of DUI Charges in Oakland, CA
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. Important: while the base fine is $390 to $1,000, total costs including court assessments and penalty fees can exceed $3,000 for a first offense DUI in Oakland. Many first-time offenders in Alameda County avoid jail through probation, community service, or the Alameda County Sheriff’s Work Alternative Program (SWAP), where 8–10 hours of community work equals one day of jail time.
Charge Reduction: Wet Reckless Plea
In some Oakland DUI cases, your attorney may be able to negotiate a reduction to a “wet reckless” charge under California Vehicle Code §23103.5. A wet reckless carries lesser penalties than a full DUI conviction: up to 90 days in jail (compared to 6 months), lower fines (up to $1,000), a shorter DUI school requirement, and no mandatory license suspension from the court. However, a wet reckless is “priorable,” meaning it counts as a prior DUI conviction if you are arrested again within 10 years. Our Oakland DUI attorneys negotiate wet reckless pleas regularly in Alameda County Superior Court and can evaluate whether this option is realistic for your case.
AB 3234 Misdemeanor Diversion
Under AB 3234, judges in Alameda County can grant misdemeanor diversion for eligible DUI cases, resulting in up to 24 months of deferred prosecution and potential dismissal upon completion of a court-approved program. If you complete the diversion program successfully, your DUI charges can be dismissed entirely. Our Oakland DUI lawyers can determine whether you qualify for diversion and advocate for this outcome in court.
SECOND OFFENSE DUI MINIMUM PENALTIES
If it’s your second DUI offense in Oakland, you will face significantly harsher punishment. You will face a base fine of $390 to $1,000 plus penalty assessments that can bring the total to over $4,000. 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 it’s your first, second, or third offense, you need the help of an experienced Oakland DUI defense lawyer. Our Oakland DUI attorneys will build your defense, represent you at the DMV hearing, and fight to protect your driving privileges and your freedom.
Alameda County DUI School Programs: If convicted, you will be required to attend a state-certified DUI education program. For a first offense, this is the AB 541 program (30 hours over 3 months). A second offense requires an 18-month program, and a third offense requires 30 months. State-certified DUI school providers in Alameda County cannot refuse service based on inability to pay.
Facing a DUI charge in Oakland? Don’t wait. Call our Oakland DUI defense team at (510) 877-8356 for a free consultation. We serve clients throughout Alameda County, including Berkeley, Fremont, Hayward, and the greater East Bay.
Evidence Used in Oakland 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 Alameda County District Attorney’s Office will attempt to build the strongest case possible against you. Our experienced Oakland DUI attorneys know how to challenge a failed breathalyzer test, expose procedural errors, and identify weaknesses in the prosecution’s evidence. We have extensive experience defending DUI cases at the Wiley W. Manuel Courthouse and throughout Alameda County. Call (510) 877-8356 today to schedule a free case consultation.
DUI Defense Strategies Our Oakland DUI Attorneys Use to Fight Your Charges
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 thorough knowledge of DUI law and the ability to challenge the prosecution’s evidence at every turn. Our Oakland DUI attorneys know how to fight a DUI charge in California and have the courtroom experience at the Wiley W. Manuel Courthouse to back it up. We will examine every detail of your arrest to identify weaknesses in the prosecution’s case.
Drug DUI Charges in Oakland: Driving Under the Influence of 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. Oakland drug crimes are taken seriously, and those convicted will face serious consequences.
Although controlled substances are defined by statute in California, an illegal drug in your system while driving will be considered a DUI under California Vehicle Code §23152(f) and a drug crime. California uses “DUI” terminology — not “OWI,” which is used in other states. You will need the help of an experienced Oakland DUI defense attorney to fight these charges. Our attorneys can defend you against both the DUI and any related Oakland drug crimes charges.
Oakland DMV Hearing: Protecting Your Driving Privileges After a DUI Arrest
After a DUI arrest in Oakland, you have only 10 days to request a DMV Administrative Per Se (APS) hearing to fight your automatic license suspension. This is one of the most time-sensitive deadlines in your case — miss it, and your license will be suspended automatically. Our Oakland DUI attorneys can request this hearing on your behalf immediately.
The Oakland DMV Driver Safety Office (7677 Oakport Street, Suite #220, Oakland, CA 94621) handles APS hearings for Oakland DUI arrests, separate from regular DMV field offices. During the hearing, you will be informed of the legal basis for the suspension and allowed to review and challenge the supporting evidence.
Even if your license is suspended, you may be eligible for a restricted license with an ignition interlock device (IID) that allows you to continue driving to work, school, and court-ordered programs. Our Oakland DUI lawyers will explore every option to protect your driving privileges.
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 and protect your license. Our DUI defense attorneys regularly represent clients at DMV hearings and can challenge your license suspension while preparing your criminal defense at Alameda County Superior Court. Call (510) 877-8356 to get started.
