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 or 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: Summit Defense 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.
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 Lawyers are here to help you after a DUI arrest.
Types Of DUI Charges
There are different types of DUI charges in the state of Oakland, CA. It is important to understand the differences between these charges so that you are put in the best position possible to make the best decision or 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.
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;
- Police Reports;
- Video Footage;
- Eyewitness Reports;
- Physical and Forensic Evidence; and
- Chemical Evidence.
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
For every DUI case, the prosecution knows how to go through every evidence and will hold it against you. Your Oakland DUI lawyer will be able to help you build your legal defenses to counter the prosecution.
One of the common defenses for DUI charges is that law enforcement stops you without a definite reason. Drivers cannot be stopped unless the police have a basis to believe that a traffic law or any other law has been violated.
Another defense is that the field sobriety tests, or the chemical tests, were not performed correctly. We will attempt to suppress as much of the evidence as possible, which can make a major difference in the outcome of your case.
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 defend you against drug crime charges as well.
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 them and will be allowed to review and challenge the supporting evidence.
You will also be allowed to present their witnesses and supporting evidence to convince the DMV to let them keep their 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 their 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.
Frequently Asked Questions About Oakland DUIs
We always take the time to answer your questions before we move forward. Some of the most common questions people ask us about California DUI offenses include:
What is the difference between DUI, OWI, OWVI, and UBAC/UBAL charges in Oakland?
These are varying levels of driving under the influence charges, each with its criteria and penalties. OWI (Operating While Intoxicated) is the most common charge, while OWVI (Operating While Visibly Impaired) and UBAC/UBAL (Unlawful Bodily Alcohol Content/Level) have specific requirements related to observable impairment and blood alcohol content, respectively.
How soon should I contact a lawyer after a DUI arrest in Oakland?
Contacting a lawyer promptly after your arrest is recommended, especially considering you only have a few days to request an administrative hearing if you wish to retain your driving privileges.
Can I challenge the evidence collected against me in a DUI case?
Yes, with the assistance of an experienced Oakland DUI attorney, you can challenge the evidence, including contesting the legality of the traffic stop, the accuracy of sobriety tests, and the validity of chemical tests.
How does the DMV hearing process differ from the criminal court process for DUI charges?
The DMV hearing is an administrative procedure focused solely on your driving privileges. It’s separate from the criminal court process, which determines guilt and penalties for the DUI offense. The outcomes of each process are independent of each other.
What are the potential consequences of driving under the influence of drugs as opposed to alcohol in Oakland?
Driving while inebriated by alcohol or drugs can result in an OWI charge. However, if illegal drugs are found in your system, you could also face additional drug-related charges, which carry their own set of penalties. Reach out to us to learn more.
Contact Summit Defense Today for a Free Case Consultation
An Oakland DUI conviction will lead to severe consequences, particularly if an accident results in personal injury or wrongful death. You do not have to face this situation alone. We are here to help you. Let our Oakland DUI attorney provide you with the strong defense you expect and deserve. Please contact us at (510) 877-8356 to schedule a free case consultation.
