DUI Law in Oakland, CA
What Is a DUI?
A DUI is a criminal charge that arises when a person operates a vehicle under the influence of drugs or alcohol. In Oakland, the legal limit for blood alcohol content (BAC) is 0.08%. If a driver’s BAC level reaches or exceeds this limit while driving, they can receive criminal charges.
DUI convictions can result in steep fines, jail time, and losing your driving privileges. This guide will explore what constitutes a DUI, including the legal blood alcohol limit and the legal process. We will also provide some potential defenses that may be available to you.
Possible Consequences of Oakland, California DUI Convictions
The severity of a DUI incident, criminal history, and the location where it occurred all play a role in sentencing. Prior convictions can result in more severe penalties. But if you’re facing your first DUI charge, you must avoid costly mistakes and protect your rights. Hiring a reputable law firm in Oakland can help you fight for the best possible outcome.
Paying Fines
If a court finds you guilty in Oakland, California, fines will be a part of the penalty.
Generally, the minimum fine for a first-time DUI offense in Oakland is $390. But the maximum can be up to $1,000.
Additionally, other penalties and fees go along with a DUI conviction. Court costs, probation fees, and mandatory DUI classes can increase the overall cost.
Other factors besides the conviction can lead to an increase in the fines in Oakland, California. A few factors to keep in mind are:
- Child endangerment
- Injuries as a result of your drunk driving
- Expenses incurred in court proceedings
- Any harm or destruction to property caused while operating the vehicle
Jail Time
In Oakland, jail time is mandatory even for first-time offenders. The jail time may be as short as a day or two. However, the sentence can be longer if the offender has prior DUI convictions. You could go to prison for several months to years, depending on the severity of the crime. Cases involving injuries to others will lead to additional time in jail.
Probation
Probation is a common alternative to jail time in Oakland. The length is often up to the discretion of the judge.
During this period, you must pay monthly fees and avoid criminal offenses, including traffic violations. If you violate the terms of your probation, you may face time in jail.
Probation rules in Oakland typically depend on the terms set by the court. However, some of the most frequently assigned rules are:
- Meeting with a probation officer
- Abstaining from drug and alcohol use
- Completing community service
- Paying fines and restitution
- Obeying a curfew.
- Attending counseling or treatment
Drug and Alcohol Education Program
After a DUI conviction in Oakland, the law requires you to attend a drug and alcohol education program. The course has additional fees on top of the legal costs you already have to pay.
The California Department of Health Care Services has certified several programs in Oakland. Some of the providers you can consider are:
The drug and alcohol education program in Oakland also involves a DUI evaluation.
During this evaluation, a representative will ask how alcohol and drugs affect your life. Depending on their assessment, you may have to attend a substance abuse treatment program.
Suspension or Loss of License
A license suspension is standard after a DUI conviction in Oakland.
The length of the suspension can vary, but for a first-time offense, it can be a few months. You may obtain a restricted license for driving to certain places, such as work or school. Nonetheless, if you refuse to take a breathalyzer test or have prior convictions, your license suspension period may be longer. You can also lose driving privileges permanently if you have prior DUI convictions.
What Should You Do When Charged With a DUI in Oakland, California?
If you’re facing a felony DUI charge, you have actions available to you to defend yourself:
Step 1: Contact an Attorney Familiar With DUI Law
After you get arrested for a DUI, hire an experienced DUI attorney in Oakland. They can assist you in preparing for your arraignment and building a legal defense. Their efforts could clear your name or minimize your sentence.
Step 2: Learn About Your Local DUI Laws
Oakland, California has specific laws regarding DUI or DWI charges. Your lawyer will work with you to help you understand them and the potential consequences.
Step 3: Request a DMV Hearing
If you get arrested for a DUI in Oakland, California, you should request a hearing with the DMV. Making this effort may help you keep your license until your court appearance. Otherwise, prepare for your license suspension.
Motorists in Oakland must request a hearing with the DMV within ten days of their arrest. The state will need documentation such as your suspension order, driver’s license, and proof of insurance. The current fee is $120, and you may have the option to attend remotely with your attorney.
Step 4: Prepare for Court Appearance
You and your attorney must prepare for your arraignment and court appearance in Oakland. Your defense attorney will represent you in court if you plead not guilty. Then, a judge and jury will decide the outcome.
Step 5: Receive Sentencing or Exoneration
In a DUI case, you will either be “not guilty” or receive a sentence for the charges against you.
Work With an Experienced Local DUI Lawyer in Oakland, California
If you ever face a California DUI charge, it’s crucial to have the assistance of an experienced lawyer in Oakland. You cannot clear your name of the charges or mitigate the consequences without help. Furthermore, the quality of representation during your DUI case can significantly impact your future.
Talk to an attorney in Oakland today. We can even help you connect with legal help across California state lines. Send us a request online or call us today at (866) 345-6784!
