DUI Lawyer Oakland, CA



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Criminal Defense DUI Lawyer

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.

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. 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.

Penalties for Repeat DUI Convictions

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. Also, 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.

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:

  1. 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.
  2. 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 hearing, you will be allowed to keep your license temporarily.

How Can Oakland DUI Lawyers Help?

By building a strong case in your defense, DUI lawyers 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. 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.

How Can a Gun Possession Attorney Help?

A gun possession charge, or any criminal charge for that matter, should not be taken lightly. Because of complicated firearm laws, defending against gun possession charges is difficult but not impossible.

A skilled criminal defense lawyer familiar with firearm possession laws can, for example, try to make the prosecution’s evidence inadmissible. They can challenge the search a police officer conducted when it was discovered that you possessed a firearm.

There are other potential defense strategies a defense attorney can use. However, reaching out to a criminal defense lawyer as soon as possible can benefit your case if you are charged with a gun offense.

Gun Possession Charges Defense

Whether you are facing gun charges or weapons charges, the Law Office of Rebecca Feigelson can walk you through the criminal process and keep you informed of your options.

We will review your case and try to get the charges against you dismissed or negotiate a plea deal with the prosecution. Reach out to our office to schedule a free consultation so we can discuss your case and provide appropriate legal advice.

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.

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.