Oakland Misdemeanor DUI Attorney

If you’ve been accused of a misdemeanor or a serious felony – whether in Alameda or Contra Costa county – an Oakland criminal defense attorney can help. At Summit Defense, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.

Oakland Misdemeanor DUI Attorney

If you’ve been accused of a misdemeanor or a serious felony – whether in Alameda or Contra Costa county – an Oakland criminal defense attorney can help. At Summit Defense, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.

Oakland Misdemeanor DUI AttorneyGetting arrested for drunk driving in Oakland, CA, can turn your life upside down. As experienced Oakland DUI attorneys, we know how scary it feels to face criminal charges. Our criminal defense law firm helps people just like you fight DUI charges across Oakland and the Bay Area, including San Francisco.

At Summit Defense, our Oakland DUI lawyers work hard to protect your freedom and driving rights. Whether this is your first DUI arrest or you’re dealing with multiple DUI offenses, we know how to handle your case.

Let Our Oakland Misdemeanor DUI Attorney Defend Your Rights

Facing a DUI arrest in Oakland, CA, or nearby areas like San Francisco can be overwhelming. At Summit Defense, our experienced Oakland DUI lawyers are here to help. We specialize in defending clients against misdemeanor and felony DUI charges, ensuring your rights are protected every step of the way.

Our criminal defense attorneys understand California DUI laws and the criminal justice system inside out. From DMV hearings to criminal trials, we fight to keep you out of jail and safeguard your driver’s license. Furthermore, we aim to prevent a permanent criminal record that could harm your future. Whether you’re dealing with first-time DUI offenses or more complex cases, we’ll build a strong DUI defense strategy tailored to your needs.

At Summit Defense, we treat every client with care and respect. If you’re facing criminal charges, don’t wait. Talk to an Oakland DUI attorney today for a free consultation. Together, we’ll explore how to protect your freedom and minimize the consequences of your case.

What Is a Misdemeanor DUI in California?

What Is a Misdemeanor DUI in California?A DUI (driving under the influence) becomes a crime when your blood alcohol concentration hits 0.08% or higher. Our DUI and DWI lawyers handle many types of California DUI offenses, including:

  • Regular DUI cases
  • Marijuana DUI charges
  • Underage DUI arrests
  • Cases involving prescription drugs

Most first-time DUIs stay at the misdemeanor level. But some turn into felony DUIs if they involve:

  • Great bodily injury to others
  • Past DUI convictions
  • Other serious factors

Working with our experienced DUI attorney gives you the best shot at fighting these charges. We know how police officers make mistakes during DUI stops and arrests.

First and Second Offense DUIs as Misdemeanors

First and second DUI offenses in California are generally charged as misdemeanors. Here’s what you need to know:

  • First Offense DUIs: A first-time DUI charge typically results in fines, license suspension, and mandatory DUI school. Jail time is possible but often avoided with the help of an experienced attorney.
  • Second Offense DUIs: A second DUI within ten years carries harsher penalties, including longer license suspensions, higher fines, and increased jail time.

Even though these charges are misdemeanors, they can still have a lasting impact on your life. That’s why it’s essential to work with a skilled Oakland DUI attorney who can help you fight the charges and protect your future.

DUI Without Accidents, Injuries, or Aggravating Factors

Simple DUIs without crashes or injuries usually stay as misdemeanors. But even a basic DUI can mean:

  • A suspended driver’s license
  • Time in jail
  • Heavy fines
  • Mandatory DUI programs
  • An ignition interlock device in your car

Our criminal defense team knows how to get charges dismissed or reduced. Occasionally, we may reach an agreement with the prosecutor to help you sidestep the most severe punishments.

Understanding Field Sobriety Tests

Understanding field sobriety testsLaw enforcement uses field sobriety tests (FSTs) to check whether a driver is impaired by alcohol or drugs. These tests are often administered during a traffic stop if an officer suspects driving under the influence. Although they might appear simple, field sobriety tests can be unreliable and are often affected by different factors.

Common Field Sobriety Tests (FSTs) Include:

  • Walk-and-Turn Test: You are asked to walk in a straight line, heel-to-toe, and then turn around. This test checks your balance and ability to follow instructions.
  • One-Leg Stand Test: You must stand on one leg while counting aloud. This evaluates your balance and coordination.
  • Horizontal Gaze Nystagmus Test: You are required to follow an object, like a pen, with your eyes while the officer observes for involuntary jerking of the eye.

Despite their widespread use, FSTs have potential flaws. Things like bumpy roads, dim lighting, or even health issues can influence how well you perform. In addition, nervousness or fatigue can lead to mistakes that may be misinterpreted as signs of impairment. Skilled DUI defense attorneys can challenge these inaccuracies to build a strong defense.

At Summit Defense, we understand how FSTs are used in criminal charges filed against you. We carefully examine the circumstances of your test to identify any errors or inconsistencies. For instance, if the officer didn’t adhere to proper protocols or if outside factors affected the outcome, we can leverage this to contest the prosecution’s argument.

If you’ve been charged with a DUI based on FST results, don’t face it alone. Our team is here to provide the legal representation you need. We’ll walk you through the legal process and make sure your rights are safeguarded at every stage. Contact our law office today to discuss your pending DUI case and learn how we can help.

What You Should Do If Charged With a Misdemeanor DUI

Being charged with a misdemeanor DUI can feel overwhelming, but taking the right steps early on can make a big difference in your case. Here’s what you should do:

  • Remain Silent: Politely decline to answer questions without legal counsel present. Speaking without an attorney can lead to unintended consequences, especially in criminal cases under California law.
  • Contact an Attorney: Contact a skilled Oakland DUI attorney as soon as possible. At Summit Defense, we are here to provide strong legal representation and guide you through the process.
  • Document the Incident: Record all the details you recall about the arrest, such as how the officer acted and any possible witnesses. This information can be valuable later.
  • Act Quickly: Time is critical in DUI cases, especially when scheduling a California DMV hearing. Protecting your driver’s license is essential, as a DUI charge can result in a restricted license or other penalties.

We understand how stressful this situation can be. Whether it involves motor vehicles, alcohol treatment programs, or domestic violence allegations, we’ll ensure your rights are protected every step of the way.

Penalties for a Misdemeanor DUI Conviction

Penalties for a misdemeanor DUI convictionA misdemeanor DUI conviction in California can lead to serious penalties that affect your life in multiple ways. These may include fines, jail time, and license suspension. Understanding these consequences is crucial, and having an experienced Oakland DUI lawyer by your side can make a significant difference.

Fines and Possible Jail Time

If convicted of a misdemeanor DUI, you could face fines ranging from $390 to $1,000. In addition, jail time is a possibility, even for a first offense. While some cases result in only a few days in jail, others may lead to several months, depending on factors like your blood alcohol concentration (BAC) and whether there were aggravating circumstances.

At Summit Defense, we work to minimize these penalties. Our team of criminal defense lawyers will examine your situation and work to lower fines or entirely prevent jail time.

Driver’s License Suspension and DUI School

A DUI conviction often results in a suspended driver’s license. This can make it difficult to get to work, school, or other daily activities. You may also be required to attend DUI school, which can last from three to nine months, depending on the severity of your offense.

We understand how disruptive these penalties can be. Our team will help you explore options, such as a restricted license or challenging the license suspension at your DMV hearing.

Probation and Community Service Requirements

Probation and community service are common penalties for DUI convictions. Probation terms may include regular check-ins with a probation officer, while community service requires you to complete a set number of hours helping your community.

An experienced DUI lawyer can negotiate favorable terms, such as shorter probation periods or reduced community service hours. At Summit Defense, our focus is on safeguarding your rights and reducing the effect these penalties can have on your life.

If you’re facing a misdemeanor DUI charge, don’t wait to seek help. Contact our law office today to discuss your case with an experienced criminal defense attorney. Let us fight for the best possible outcome for you.

How a Misdemeanor DUI Can Impact Your Life

A misdemeanor DUI conviction can have lasting effects on your life. Beyond the immediate legal penalties, it can create challenges in areas like employment, finances, and personal freedom. In addition, a DUI conviction is added to your criminal record, which can have long-lasting effects for years to come. At Summit Defense, we understand how stressful this can be. That’s why we’re here to help you fight these charges and minimize the impact.

Employment and Background Check Consequences

A DUI on your record can influence your career opportunities and impact how employers perceive you when they conduct background checks. Many employers check criminal records before hiring, and a DUI may raise concerns about reliability or responsibility. In some cases, certain industries, like transportation or federal courts, may disqualify you entirely due to strict driving requirements.

To mitigate these consequences, consider working with an experienced Oakland DUI lawyer. We’ll explore options like plea bargains to reduce the severity of the charges. Also, if your driver’s license is suspended, we’ll guide you through reinstating it or obtaining a restricted license. Taking these steps can help protect your future opportunities.

Increased Insurance Rates After a DUI Conviction

After a DUI conviction, you may face significantly higher car insurance rates. Insurance companies see a DUI as a risk, and they often increase premiums or even cancel policies altogether. This added expense can make it harder to manage daily life, especially if you rely on motor vehicles for work or personal needs.

To find affordable insurance after a conviction, start by shopping around. Some providers specialize in covering drivers with a DUI on their record. Additionally, completing required programs, such as alcohol treatment programs or installing an ignition interlock device, can sometimes help lower rates. Our legal team can guide you on measures to reduce the financial strain while ensuring compliance with DUI laws.

Legal Defenses Against Misdemeanor DUI Charges

Legal defenses against misdemeanor DUI chargesThere are several ways to challenge misdemeanor DUI charges. One common approach is questioning the legality of the traffic stop. If the officer didn’t have a valid reason to pull you over, we can argue that the evidence should not be used against you. Also, the accuracy of BAC tests can be disputed. These tests are not always reliable, and factors like improper calibration or administration can lead to incorrect results.

At Summit Defense, we’ve successfully used these strategies to help our clients. We thoroughly analyze each aspect of your case to create a solid defense strategy. Our goal is to ensure the best possible outcome for you, whether that means reducing the charges or getting them dismissed entirely.

How an Attorney Can Help You Fight a Misdemeanor DUI

An experienced Oakland DUI attorney can make a big difference in your case. We know how to challenge evidence and find weaknesses in the prosecution’s arguments. For example, we might question the reliability of field sobriety tests or highlight mistakes made during your arrest.

In addition, we handle negotiations with prosecutors on your behalf. Sometimes, this leads to reduced charges or alternative resolutions that protect your future. Fighting a misdemeanor DUI is not something you should do alone. With our help, you can feel confident knowing your rights are being defended every step of the way.

FAQs

Can I refuse a breathalyzer test?

Yes, you can refuse a breathalyzer test. However, this decision comes with consequences. In California, refusing a breathalyzer test often leads to an automatic driver’s license suspension. Furthermore, the prosecution may use your refusal as evidence against you in court.

How long will a DUI stay on my record?

A DUI conviction can stay on your record for up to ten years in California. This can affect your insurance rates, employment opportunities, and more. It’s important to fight the charges to avoid long-term consequences.

What if I had not read my Miranda rights?

If law enforcement failed to read your Miranda rights during the arrest, it could weaken the prosecution’s case. Evidence obtained after the failure may be excluded from court. We’ll review your case to determine if this violation occurred and how it impacts your defense.

What happens if I’m convicted of a DUI?

A DUI conviction can lead to serious penalties, including fines, jail time, mandatory alcohol programs, and the installation of an ignition interlock device. Also, it can harm your reputation and future opportunities.

Can I still drive if my license is suspended?

In some cases, you may qualify for a restricted license. This allows you to drive to work, school, or required programs. We’ll help you apply for this option if it’s available to you.

Will a DUI affect my job?

A DUI can impact your employment, especially if your job involves driving or requires a clean background check. Employers may view a DUI as a red flag. We’ll work to minimize the effects on your career by building a strong defense.

Contact Our Oakland Misdemeanor DUI Attorney for a Free Consultation

Contact our Oakland Misdemeanor DUI attorney for a free consultationIf you’re facing a misdemeanor DUI charge, don’t wait to seek legal help. Contact Summit Defense today for a free consultation. Our experienced Oakland DUI attorneys are here to fight for your rights and help you move forward with confidence.

Author Image
Rabin Nabizadeh
Attorney At Law

Rabin Nabizadeh is a dedicated criminal defense attorney with extensive experience in both Federal and State courts. He has successfully represented clients in cases ranging from Misdemeanor DUI and Theft to serious felonies such as Grand Theft, Burglary, Sex Crimes, and Murder. Notably, Mr. Nabizadeh possesses a unique understanding of Immigration Law, allowing him to adeptly navigate cases with both criminal and immigration consequences. Fluent in Hebrew and Farsi, he also enjoys playing classical guitar in his spare time.

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OAKLAND CALIFORNIA OFFICE

Summit Defense
1970 Broadway, #1145, Oakland, CA 94612
Meet The Team
With over 120 years of cumulative and exclusive Criminal Defense experience, our reputation for aggressive and results oriented performance, whether in State court or Federal Court, has been documented by several Bay Area news channels and vetted by hundreds of satisfied clients. Our success and industry recognition is the result of our EXCLUSIVE FOCUS on criminal defense; we don’t accept personal injury or family law cases. This single-minded focus allows us to keep pace with the ever-changing landscape of legal doctrine and provide you with the best results possible.
our attorneys
James Reilly
Attorney at Law
RABIN NABIZADEH
Attorney at Law
DEEPTI SETHI
Attorney at Law
MARIO ANDREWS
Attorney at Law
COLLIN MOORE
Attorney at Law
ALISON MINET ADAMS
Attorney at Law
SCOTT MOSSMAN
Attorney at Law
PATRICIA CAMPI
Attorney at Law
ROSS PYTLIK
Attorney at Law

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Our firm focuses exclusively on criminal defense matters.

Client Testimonials

Real People. Real Stories.

Thank you Collin and Rabin for all your tireless work. I can imagine dealing with me was difficult. I am glad I found you.
Sohel
Berkeley
Best criminal lawyers in Oakland. My case went to trial and I cant imagine where I would be without their help. Jim Riley is a genius and was always clearly the most knowledgeable person in court. Obviously I am very happy with the result.
Nirvesh R.
Can’t speak highly enough of Rabin Nabizadeh. Attentive, calm and very good at his craft. Managed to handle my severe anxiety and, at the end, get the case dismissed on the day of trial. Highly recommend.
Ibrahim J.
Berkely
About a year into fighting a DUI, my attorney got ill and recommended Rabin Nabizadeh to do the trial.  I had pretty much refused to do any tests and wanted a dismissal in the case.  Mr. Nabizadeh was absolutely relentless and convinced 12 jurors to find me not guilty.  Years later, we are friends on Facebook.
Dan B.
Oakland
I will never forget the call I got about my son’s arrest for murder.  Having never been through anything like that, I relied on my business lawyer for a referral and he immediately called Mr. Riley.  Within minutes of meeting him, I knew I was in good hands as he was able to provide much needed perspective.  Mr. Riley was able to reduce the bail (was set at one million) and after almost two years, resolve the case with no additional jail and an eventual dismissal.  Collin Moore and the rest of the gang were amazing and always available.
David M.
Oakland