When you’re faced with a DUI charge in Oakland, the experience can be overwhelming and intimidating. The potential consequences of a conviction may seem dire, impacting your personal life, professional career, and financial future. Lamano Law, based in Oakland, is here to help. Our skilled DUI attorneys are committed to providing compassionate, comprehensive, and competent legal support during your time of need.
We have helped clients of all backgrounds navigate the criminal justice system, including the California DMV, and our Oakland DUI attorneys would be happy to help you as well. Please look at our services below, and reach out to us to schedule a case consultation with a team member.
Experienced Representation From an Oakland DUI Lawyer for Your Case
Securing robust legal representation from an experienced Oakland DUI lawyer can significantly influence your case’s outcome. At Lamano Law, we pride ourselves on our comprehensive approach to DUI defense:
- Knowledge and Experience: Our attorneys have a profound understanding of DUI laws and significant experience representing clients in similar circumstances. They have a proven track record of helping clients successfully navigate the complexities of DUI charges.
- Detailed Case Analysis: Every case is unique. Our attorneys will review your case minutely, analyzing every aspect of your arrest and charges to develop the best possible defense strategy.
- Court Representation: Should your case go to trial, you can count on our seasoned attorneys to advocate zealously on your behalf, ensuring your rights and interests are protected in court.
- Negotiation Skills: In some instances, it might be possible to negotiate a plea bargain, resulting in reduced charges. Our attorneys are skilled negotiators who will tirelessly work towards securing the best possible outcome for your case.
- Personalized Attention: At Lamano Law, every client matters. Our attorneys will take the time to understand your specific circumstances, provide clarity about your legal situation, and guide you through every step of the legal process.
Every step of the way, we will provide you with the customized, tailored attention that you deserve. We understand that every client is different and that every DUI case is different. We will take a look at the evidence in front of you, develop the strongest possible defense, and work hard to secure a favorable outcome in your case.
The sooner you reach out to us, the sooner we can get started, so give us a call today to schedule an appointment with our law firm.
Overview of DUI Laws in Oakland
Understanding the DUI laws in Oakland is crucial when facing such charges. In California, the law prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers and 0.01% for drivers under 21). You can also be charged with a DUI if you are operating a vehicle under the influence of any controlled substance.
But the DUI laws extend beyond these basic premises:
- Chemical Test Refusal: Refusing a chemical test after being lawfully arrested can lead to enhanced penalties, including a mandatory one-year license suspension for the first refusal.
- Implied Consent Law: By driving a vehicle in California, you’ve implicitly agreed to submit to a chemical test if lawfully arrested for suspicion of DUI.
- Zero Tolerance Law for Underage Drivers: Drivers under 21 years of age are subject to a “zero tolerance” law, meaning any detectable amount of alcohol can lead to DUI charges.
There’s a lot to consider when it comes to a DUI in California, and that is why you need to have an experienced legal team in your corner. Reach out to us today to speak to our office, and let us provide you with the strong defense you deserve.
Blood Alcohol Concentration (BAC) Limits and Their Implications
The BAC limit for adult drivers in California is 0.08%. However, the implications of exceeding this limit can vary depending on the driver and circumstances:
- Standard Adult Drivers: Adult drivers (age 21 and over) with a BAC of 0.08% or higher may face DUI charges, leading to penalties like fines, license suspension, mandatory DUI programs, and potentially jail time.
- Commercial Drivers: Commercial drivers are held to stricter standards, with a BAC limit of 0.04%. If they exceed this limit, they may face DUI charges, potentially risking their commercial driver’s license and livelihood.
- Underage Drivers: California’s Zero Tolerance law comes into play for drivers under 21. If any amount of alcohol is detected in their system (a BAC of 0.01% or more), they can be charged with a DUI.
Differentiating Between Misdemeanor and Felony DUI Charges
In California, DUI charges can be classified as misdemeanors or felonies, with vastly different implications:
- Misdemeanor DUI: Typically, a first, second, or third DUI offense within ten years will be charged as a misdemeanor unless aggravating factors are present. Penalties can include fines, probation, DUI education programs, and jail time.
- Felony DUI: A DUI can be charged as a felony if it’s the fourth (or subsequent) DUI offense within ten years if the DUI caused injury or death to another person, or if the defendant has a previous felony DUI conviction. Felony DUI convictions carry severe penalties, including state prison time, heavy fines, and a lengthy license suspension or revocation.
Regardless of whether you’re facing a misdemeanor or felony DUI in Oakland, CA, it would help if you reached out to a criminal defense attorney from our criminal defense law firm who can help you. It is our job to put forth the most robust DUI defense possible, and we can make sure that your rights are protected.
Reach out to our law office to speak with our DUI and DWI lawyers. An Oakland DUI attorney from our firm would be happy to review the circumstances surrounding your DUI case.
What To Expect When Facing a DUI in Oakland, California
When faced with a DUI in Oakland, understanding the process can make it less daunting. Here’s a general outline:
- Arrest: An arrest is typically made if an officer suspects you of driving under the influence due to erratic driving, failed field sobriety tests, or a BAC above the legal limit.
- Booking and Bail: When you are arrested, you will be fingerprinted and put your information into the system. You will go before a judge, who will decide whether you will be granted bail and, if so, how much you need to pay to get out.
- DMV Hearing: Following a DUI arrest, you only have ten days to request a hearing with the Department of Motor Vehicles to contest the suspension of your driving privileges.
- Arraignment: The charges against you will be read at the arraignment, and you can enter a plea.
- Pretrial Motions and Plea Bargaining: Your attorney may file pretrial motions to challenge evidence or dismiss charges. Alternatively, they might negotiate a plea deal.
- Trial: If no plea agreement is reached, your case will go to trial, where evidence will be presented and a judgment rendered.
- Sentencing: If found guilty, sentencing will follow. Penalties can range from fines to jail time, depending on the nature of the DUI offense and any previous convictions.
Types of California DUI Offenses
California law classifies DUI offenses based on various factors:
- Underage DUI (California Vehicle Code Section 23136(A)): In California, underage drivers are subject to “Zero Tolerance” laws. If an underage driver has a BAC of 0.01% or higher, they can be charged with a DUI.
- Felony DUI (California Vehicle Code Section 23153): A DUI may be considered a felony if it’s the fourth (or subsequent) offense within ten years if someone is injured as a result of the DUI, or if the offender has a prior felony DUI conviction.
- Driving Under the Influence of Drugs (California Vehicle Code Section 23152(F)): It’s not just alcohol that can lead to DUI charges. Driving under the influence of drugs (illegal, prescription, or over-the-counter) can also result in a DUI.
- Marijuana DUI (California Vehicle Code Section 23152): Despite marijuana being legal in California, driving while under its influence is still illegal.
The Consequences of a DUI Conviction
A DUI conviction can have severe implications:
- Criminal Record: A DUI conviction goes on your permanent criminal record, potentially impacting future employment prospects.
- Fines and Penalties: Convictions often come with hefty fines and the potential for jail time.
- License Suspension: Convictions usually result in the suspension of your driver’s license, affecting your ability to work and carry out daily tasks.
- Insurance Rates: Convicted individuals often see their auto insurance rates skyrocket.
- DUI Programs: Mandatory attendance at a DUI school or DUI education program is common.
From the moment of arrest through booking, bail, and early administrative proceedings like the DMV hearing and arraignment, we understand the process can be stressful. You deserve to focus on your mental health and well-being, so allow us to guide you through the legal process. The stakes are high, and you need an expert in your corner.
That is why you need an experienced legal team who can advocate for your rights and protect your interests. Give us a call today to schedule a case consultation.
Types of Evidence Used in DUI Cases
In DUI cases, various forms of evidence can be used. A few of the top examples include:
- Breathalyzer or Blood Test Results: These tests measure the concentration of alcohol in your blood and are often the most influential pieces of evidence.
- Field Sobriety Test Results: These tests assess your physical and cognitive ability to operate a vehicle.
- Officer Observations: An officer’s testimony about your driving behavior, physical appearance, and any statements made can be used as evidence.
- Video Evidence: Dashcam or bodycam footage can capture your driving behavior, roadside tests, and interactions with the officer.
We will review the evidence on your behalf and challenge anything that we feel does not belong. Reach out to us to learn more.
The DMV Hearing
After a DUI arrest, you have ten days to request a DMV hearing. This administrative hearing is separate from your criminal case and focuses on potentially suspending your driving privileges. An experienced DUI attorney can represent you at this hearing, challenging the suspension and working to maintain your driving privileges.
Common Legal Defenses Against DUI Charges in Oakland
Several defenses can be employed to challenge DUI charges:
- Challenging the Accuracy and Reliability of Chemical Tests: Your attorney might question the validity of the breathalyzer or blood test results, citing improper calibration, incorrect administration, or physiological factors.
- Arguing Against the Legality of the Traffic Stop or Arrest: If the arresting officer did not have reasonable cause for the initial traffic stop or proper procedures were not followed during the arrest, the case could be dismissed.
- Presenting Mitigating Circumstances or Alternative Explanations: Health conditions, diet, or other factors could create false positives in BAC tests or mimic signs of intoxication.
- Exploring Options for Diversion Programs or Treatment Alternatives: Instead of traditional sentencing, your attorney may argue for your participation in a diversion program or substance abuse treatment, especially in cases of first-time offenses.
Contact Lamano Law for a Case Evaluation With Our Oakland DUI Lawyers Today
When facing a DUI charge, having experienced legal counsel on your side is crucial. At Lamano Law, our Oakland DUI lawyers are committed to providing you with a robust and personalized defense strategy, always aiming for the best possible outcome for your case.
Contact us today for a case evaluation, and let us support you through this challenging time.