DUI Lawyer Oakland, CA

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10

Minutes or less Avg. Response Time

1000+

Handled Cases

99%

Client Satisfaction

    
 
 
         
   Lexie Harris 
 
 
 
 Trustindex verifies that the original source of the review is Google. Wow, I truly cannot thank Rebecca enough. My husband had an old case from 2015 that we both thought was resolved. We found out recently that it was not when we tried to hire an expungement lawyer. The expungement lawyer told us he couldn’t help because the case was on going. I googled lawyers who would able to help for his specific situation and came across Rebecca. She called me back within minutes. Before I even gave her a red cent she was already looking into the case and giving me advice on what she could do if I hired her. The second I sent her payment she was making phone calls. Within 24hrs she spoke to the clerk, probation officer, district attorney, the clerk again, the judge, and got the case dismissed. ALL WITHIN 24 HOURS. And while doing so, she still answered all my phone calls and text in a timely manner.  Looks like my first born child’s name will be Rebecca. I can’t thank her enough, I am eternally grateful.
  
 
        
   sana shiekh 
 
 
 
 Trustindex verifies that the original source of the review is Google. Attorney Rebecca is very good attorney, was taking care of my case for a year now and finally today got dismissed, even I didn’t attend to court , I recommend 100% her to dismiss your case, she always responds to my phone calls , no all lawyers do that
  
 
        
   sam silver 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was charged with three misdemeanors and could not appear in court because the courts were closed due to the pandemic. The court issued, a bench warrant and I was arrested. It turned out that there was no case and because of the pandemic, the case was dismissed thanks to Rebecca Feigelson. She deserves more than five stars.
  
 
        
   Paul Neidlinger 
 
 
 
 Trustindex verifies that the original source of the review is Google. Five star lawyer, without a doubt. Best DUI lawyer in the bay area. Got All my Charges Reduced and Helped Save My Licence
  
 
        
   wilson hu 
 
 
 
 Trustindex verifies that the original source of the review is Google. Rebecca is definitely someone you can count on, she is quick to respond to any questions you have and always has an answer. She helped me beat my case a while ago and she is still willing to answer some of the questions I have even though it's been months after the case has been settled. If you're thinking about going to her, just do it. Would definitely recommend her service to anyone needing help.
  
 
        
   Kristen Alexander 
 
 
 
 Trustindex verifies that the original source of the review is Google. In 2018 I got a DUI involving another car, I was charged with a felony DUI. I felt like the world was going to end, I was 24 (at the time of the accident), my BA was over 1.8, I was driving over 80mph, and I hit another car causing bruising on the passenger's leg. I was charged with major bodily harm, this was the lowest moment of my life. Mrs. Feigelson took my case, she dove into my history of alcoholism after leaving Afghanistan. She got to know me and strategized a legal defense that connected my service-related PTSD to the legal trouble I found myself in. Mrs. Feigelson fought for me to be transferred into Veterans Court. Her knowledge of the court system and thorough understanding of programs that are uniquely tailored to her clients let me have another chance at life. Without her help, I would have gotten that felony, I would have lost my future. She stood by me for over 2 years making court appearances on my behalf. She is more than a lawyer, she's someone who you can trust will do everything in her power to get you the best outcome. I can not describe the amount of esteem and admiration I have for her. I graduated from Veterans court and my entire DUI was taken off my criminal record and dismissed. Life will happen, and sometimes you end up somewhere you don't want to be. If you have a criminal case, especially a DUI Mrs. Feigelson is the lawyer you need. I promise you won't regret it. If I ever run into any legal trouble again, she is the only lawyer I would hire 10/10.
  
 
        
   Patricia H 
 
 
 
 Trustindex verifies that the original source of the review is Google. Rebecca has been a God-send. She doesn't just take on your case, she takes on YOU as a person. Even after years had passed since my husband's case, she reached out to us when a new bill was passed to get my record expunged. Without her, we would have never even known that was possible. Now his record is cleared and I can more openly apply for better paying jobs and he even got off parole early. This was such a blessing and Rebecca did not have to go out of her way to let me know that this was a possibility. This just proves that she thinks about and remembers her clients. It's proof that she cares about you and wants to do everything in her power to be sure that you are not defined by your offence. Would highly recommend her to anyone who needs a fearless advocate in their corner.
  
 
        
   Justin PItto 
 
 
 
 Trustindex verifies that the original source of the review is Google. Referred to Rebecca by a bail bonds company and he was not lying when he said she was the best. Any kind of a possible conviction or any legal issue is extremely stressful altogether and Rebecca helped to relieve a lot of this from the moment we talked on the phone. Extremely professional, compassionate/understanding,honest, and explained everything throughout the whole process. Available anytime and responded to all questions/concerns in a timely manner. My case was also dismissed and no need for any trial or court appearance!! I highly recommend Rebecca and her legal services.
  
 
        
   Dana Walter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Rebecca is the best Lawyer. She is very effective and immediately communicates everything that is going on. I would always want to have her on my side.

Oakland DUI Attorney

If a police officer pulled you over and your blood alcohol concentration (BAC) was over the legal limit, you might not know where to turn or what to do.

DUI stands for driving under the influence of alcohol. Under the California DUI law (Vehicle Code 23152), driving a motor vehicle is illegal if you display symptoms of intoxication. California also prohibits driving with a BAC of .08% or higher.

Going through a DUI arrest and being convicted of drunk driving can have devastating consequences. A person can face fines, jail time, and a driver’s license suspension. In addition, if an individual causes an accident while drunk, they can be subject to civil charges, personal injury claims, and criminal charges.

However, with the help of a qualified DUI lawyer from a reputable criminal defense law firm, many DUI consequences and penalties can be minimized or even avoided. Reaching out to an attorney right after an arrest is crucial if you want to assert your rights. The Law Office of Rebecca Feigelson may be able to help.

DUI Penalties and Consequences in Oakland, CA

Oakland DUI charges involve not only criminal but also administrative consequences. While criminal charges can result in fines and jail time, administrative penalties could result in a license suspension.

Most DUI cases are prosecuted as misdemeanors. However, a drunk driving offense can be prosecuted as a felony if there is a prior felony DUI conviction and if a defendant caused an accident in which someone was injured or killed. Also, if the defendant has three or more prior wet reckless or DUI convictions within ten years, the new impaired driving offense would be treated as a felony.

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Potential Penalties for Oakland DUI Convictions

DUI convictions can result in fines and jail time or prison sentences. DUI punishments also include 3 to 5 years of out-of-court probation and 3 to 9 months of DUI classes. If an offender is under 21, they also have to attend a DUI school, although significantly shorter. A wet reckless DUI offense also carries a shorter DUI school requirement.

California law also requires drivers convicted of DUI to enroll in alcohol education and prevention programs within California. Depending on the driver’s specific offense, these program lengths are often ordered by the court or mandated by the California DMV.

The typical punishment for a first DUI offense includes 2-10 days of jail time and $2,000 in fines and fees. The first-time offender has to spend at least 48 continuous hours in jail under 23536 of the Vehicle Code. However, a defendant could spend up to 6 months in county jail for a first offense.

A seasoned Oakland DUI attorney may be able to negotiate a plea deal resulting in reduced or no jail time. Instead, you may be required to enter and complete a work program and community service instead of paying fines and fees. Our firm can also help you expunge your criminal record after you’ve finished probation.

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Penalties for Repeat DUI Convictions

Multiple DUI arrests that lead to successive Oakland DUI convictions carry harsher penalties. Fines are higher, mandatory jail time is longer, and DUI schools last longer. The judge can also order defendants to install an Ignition Interlock Device (IIG) in their car.

A second DUI conviction can result in up to a year in jail (no less than 96 hours). Fines could rise up to $1,000, while a suspended driver’s license may show on the driver’s record for two years.

After a third driving under the influence conviction, a driver can spend from 120 days to 12 months in jail, face fines of up to $1,000, and a mandatory IID installation for two years. The DMV will also designate a driver as a habitual traffic offender.

Bear in mind that a fourth DUI conviction within ten years will be treated as a felony. It is highly recommended that offenders with prior DUI convictions hire a criminal defense attorney as soon as possible.

DUI Case Outcomes in California

The outcome of a DUI case depends on multiple factors, including prior record, blood alcohol concentration, and whether an accident occurred. Common results include dismissal of charges, reduced sentencing, probation, or jail time.

Some defendants may be offered diversion programs, while others face harsh DUI penalties such as fines, license suspension, or ignition interlock device installation. Understanding likely DUI case outcomes can help defendants prepare realistic expectations and pursue the most favorable resolution.

DUI Charges: Difference Between DUI and DWI

Many people use the terms interchangeably, but DUI (driving under the influence) and DWI (driving while intoxicated) can carry different meanings depending on jurisdiction. In California, DUI is the primary term used, but some states apply DWI to indicate a higher level of intoxication.

No matter the label, both charges involve operating a vehicle while impaired by alcohol or drugs. A conviction for either offense results in serious DUI penalties, including criminal fines and driving restrictions.

Handling a California DMV Hearing

The Department of Motor Vehicles (DMV) will suspend or revoke the driving privileges of an individual after a DUI arrest involving alcohol if:

A chemical test shows a BAC level of .08% or higher, .04% for commercial drivers, or .01% if you are under 21 or on DUI probation.
Driver refuses or fails to complete a chemical test to determine their BAC.

A license suspension occurs automatically unless you request an administrative hearing within ten days of arrest. If you request a DMV hearing, you may be allowed to keep your license.

What Happens at a California DMV Hearing?

A DMV hearing is typically conducted before a Driver Safety Hearing Officer from the DMV. At the hearing, the driver has the right to:

Review the DMV evidence
Cross-examine any witnesses
Present their own evidence and witnesses
Testify on their own behalf

The driver isn’t required to be represented by DUI lawyer, but that is strongly recommended. An experienced Oakland DUI lawyer will know how to challenge the DMV evidence as well as request the DMV to conduct an administrative review of the decision if it’s not in your favor.

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Legal Blood Alcohol Concentration (BAC) Limits in Oakland

In Oakland, the legal BAC limits for DUI are in line with California DUI laws. For drivers aged 21 and over, the legal limit is a BAC of 0.08%. However, for commercial drivers, the limit is lower, set at 0.04%. Furthermore, there is a zero-tolerance policy for drivers under 21.

Oakland DUI attorneys, including those in specialized criminal defense law firms, often emphasize that a BAC exceeding these limits can lead to being arrested for a DUI.

It’s important for DUI clients to understand that these limits are strictly enforced in Alameda County and throughout the state, and any breach can result in serious legal consequences.

The DUI Process in Oakland, CA

After a DUI arrest in Oakland, suspects typically face a multi-stage process. Initially, the individual is booked at a local police station where fingerprinting and photographing occur. Within 48 hours, an arraignment takes place at the Wiley W. Manuel Courthouse, where charges are formally presented, and bail may be set.

Following arraignment, the pre-trial phase begins. During this period, your attorney can file motions to suppress evidence, negotiate with prosecutors, and prepare defense strategies. This phase may involve multiple court appearances spanning several months.

If a plea agreement isn’t reached, the case proceeds to trial in Alameda County Superior Court. DUI trials typically last 2-5 days, where evidence like officer testimony, chemical test results, and field sobriety test performance are presented.

Upon conviction, sentencing occurs immediately or within several weeks. For first-time offenders, this typically includes probation, fines, DUI school, and license restrictions. Throughout this entire process, parallel DMV proceedings occur independently of the criminal case, requiring separate attention and potentially different deadlines.

The complexity of this process underscores the importance of securing experienced legal representation immediately following arrest.

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How does Oakland law treat DUI cases for drivers under 21?

Underage DUI, or DUI cases for drivers under 21, are treated with zero tolerance in Oakland and the entire state of California. This means that any detectable amount of alcohol in the system (BAC above 0.01%) can lead to a DUI charge for an underage driver.

Experienced DUI attorneys understand that even a single DUI conviction for underage drivers can have significant impacts, including mandatory DUI programs, license suspension, and other penalties.

Given the strict nature of these laws, seeking legal counsel from a knowledgeable DUI and DWI lawyer is crucial for underage DUI clients.

Can a DUI Conviction be Expunged?

In Oakland, California, it is possible to have a DUI conviction expunged under certain conditions. To qualify for expungement, the convicted individual must have completed probation, not currently be charged with a criminal offense, nor be serving a sentence for a criminal offense.

An experienced DUI attorney can guide clients through the legal process of expungement. The Nieves Law Firm, along with other defense attorneys in Oakland and federal courts, can provide the necessary legal assistance and protection to help navigate the complex criminal justice system.

Don’t forget that while expungement can remove a conviction from one’s record, certain DUI offenses involving great bodily injury or those prosecuted as a felony may have different considerations. Therefore, consulting with an experienced attorney is crucial to understand the expungement eligibility for a DUI in Oakland.

DUI Defense Strategies

DUI laws in California are stringent, aiming to reduce the risk and consequences of driving under the influence. That’s why defense strategies play a crucial role in mitigating DUI penalties or even potentially leading to case dismissal.

Common defenses include challenging the legality of the traffic stop, the accuracy of the BAC testing equipment, and the administration of field sobriety tests. Certain medical conditions can lead to a falsely high BAC reading.

Furthermore, an attorney can argue that merely driving erratically or poorly doesn’t equal driving under the influence. According to the National Highway Traffic Safety Administration (NHTSA), the nation’s leading authority on DUI, the cues described as poorly driving behavior alone predict that a driver is under the influence 35 percent of the time. But, if there are multiple cues observed by a California Highway Patrol (CHP) officer, the probability rises.

An experienced DUI attorney can navigate these defenses, leveraging nuances in the law and procedural errors to the advantage of the defendant.

Given the complexities of DUI cases and the severe impact of convictions, consulting with a skilled DUI lawyer immediately after an arrest is essential for obtaining the most favorable result. They can provide guidance through the legal process, represent your interests in court, and work towards the best possible outcome for your case.

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Common DUI Aggravating Factors

Certain circumstances can escalate the severity of a DUI charge. These aggravating factors include driving with an exceptionally high blood alcohol concentration (BAC), causing injury or death, having minors in the vehicle, or committing additional traffic violations during the DUI offense.

Elevated Penalties for High BAC Levels

For instance, a BAC of 0.15% or higher is often classified as an aggravating factor, potentially leading to longer jail sentences, higher fines, and extended license suspensions.

Enhancements for Driving with Minors

In California, driving with a minor under 14 years old while intoxicated can result in enhanced penalties under Vehicle Code 23572.

Felony Charges for Injury or Death

Causing injury or death can elevate a misdemeanor DUI to a felony, bringing prison time and larger financial liabilities through restitution or civil suits.

Other Aggravating Factors

Other factors, such as reckless driving, evading law enforcement, or refusing a chemical test, can lead to separate charges or harsher punishments. Statistics show that DUI offenders with aggravating circumstances face penalties up to 50% more severe than standard DUI cases.

Drivers facing charges with these factors should immediately consult a DUI attorney to navigate the complexities of these escalated charges.

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How Can Oakland DUI Lawyers Help?

By building a strong case in your defense, Oakland DUI and DWI lawyers from a criminal defense law firm can help you ensure a favorable outcome for your case. A DUI defense lawyer can guide you through the process and help you build a strong case in your defense to help you minimize the punishment you face.

DUI attorneys are extremely knowledgeable about the local courts and Oakland DUI laws. Their experience in criminal court procedures can prove to be an asset for you if you are arrested for DUI. A DUI lawyer can also assist you with DMV administrative hearings.

Don’t let a failure to act result in a license suspension! Your DUI defense attorney can still assist you in obtaining a restricted license after a 30-day suspension.

Oakland DUI Lawyers at the Law Office of Rebecca Feigelson

DUI offenses carry serious consequences and should be taken very seriously. But, like with any crime, the State of California must prove every element of the crime beyond a reasonable doubt. In other words, like most crimes, DUI is also defendable.

Contact us at (415) 484-0894 and schedule a free consultation so we can discuss your DUI charge and prepare an adequate defense.

Do I Have to Be Present in Court During my DUI Case

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Frequently Asked Questions

Do I Have to Be Present in Court During my DUI Case?

Most DUI charges in California are prosecuted as misdemeanors. The client may have the right to a 977 waiver in court. A 977 waiver allows the proceedings to occur without the defendant being present. In other words, I will be in court, so you wouldn’t have to be there. Most DUI defendants are not hardened criminals, and being in the defendant section of a Courthouse can be less than comfortable.

How Long Can My Driving Privileges Be Suspended?

If you are 21 or older and had a .08 BAC or higher with no prior offenses, you will suffer a 4-month suspension. You are immediately eligible for a restricted license with the installation of an interlock device if the arrest happened after January 1, 2019.
If you were under 21 and had a .01% BAC or higher, you will receive a 1-year suspension. You have the option to apply for a hardship license through the DMV.
If you were driving a commercial vehicle, you must downgrade to a class B driver’s license before being eligible for a restricted license. You will lose your commercial driving privileges for a year.

How Long Would a DUI Stay On Your Record?

A conviction for drunk driving will stay on an individual’s driving record for ten years and can’t be removed. However, when it comes to criminal cases, a DUI conviction will stay on the defendant’s criminal history record forever unless it is expunged.
In California, people convicted of drunk or drugged driving can pursue a DUI expungement if they have successfully completed DUI probation and haven’t served time in state prison for the offense.

What Are the Immigration Consequences of a DUI?

In most DUI cases, a first offense will most likely not result in any immigration consequences of a DUI or disqualify you from getting a green card. Contacting an attorney immediately after a DUI arrest and obtaining legal representation can help reduce the charges, thus avoiding immigration consequences.
However, if a DUI includes some reckless endangerment or you have more than one drunk driving offense on your record, USCIS can, for example, deny your application for a green card. DUI arrests should always be addressed by a knowledgeable criminal defense attorney with experience in dealing with immigration law issues.

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