If you or a loved one are facing felony DUI charges in Oakland, the stakes are high, and the potential consequences are severe. At Lamano Law, our seasoned felony DUI attorneys have the expertise and experience to provide you with the robust defense you need. We are committed to fighting for your rights and striving to achieve the best possible outcome for your case.
The Oakland DUI lawyers at our criminal defense law firm are second to none. We have unparalleled experience representing clients of all backgrounds facing a DUI offense in Oakland, CA, and we can also help you. Learn more about how we can help you, and reach out to us today to schedule a case consultation with our Oakland DUI lawyer.
Secure Legal Representation From an Oakland Felony DUI Lawyer
Hiring a seasoned Oakland felony DUI lawyer protects your rights and builds a strong defense. A few of the services that our dedicated Oakland criminal defense attorneys at Lamano Law can provide include:
- Initial Consultation and Case Evaluation: Our attorneys will meticulously evaluate your case, examining every detail, and scrutinize the evidence against you. We’ll ensure you understand the charges you face, the legal process ahead, and the potential outcomes.
- Developing a Customized Defense Strategy: Every case is unique, and we believe in crafting a defense strategy tailored to the specifics of your situation. We draw from our extensive legal knowledge and experience to devise a defense that targets the weaknesses in the prosecution’s case.
- Communicating With the Prosecutor and Court: Navigating the legal system can be daunting. Our experienced attorneys will handle all communications with the court and the prosecution, advocating for your interests at every turn.
- Bail and Pretrial Release Assistance: If you are eligible for bail or pretrial release, our team will help negotiate the best possible terms for you, aiming to secure your freedom while your case is ongoing.
- Exploring Treatment Options and Rehabilitation Programs: If appropriate, we can help explore options for treatment or rehabilitation programs that may influence your case’s outcome or the penalties you face.
- Preparing for Trial, if Necessary: If your case goes to trial, our committed attorneys will meticulously prepare, gathering all necessary evidence, lining up potential witnesses, and rehearsing your defense. We aim to present your case compellingly, striving to secure a not-guilty verdict or the most lenient sentence possible.
Rely on a criminal defense attorney from our law office to provide you with the representation you seek. A charge of driving under the influence is always serious, but with an experienced DUI attorney in your corner, you will know that your rights are protected.
Understanding Felony DUI in Oakland
A felony DUI is a serious offense in Oakland, carrying severe penalties that can drastically affect your life. Understanding the nature of these charges, the legal implications, and the potential consequences is crucial.
At Lamano Law, our knowledgeable DUI and DWI lawyers can help you understand these complexities and will fight relentlessly to protect your rights and freedom. Please schedule a consultation with our Oakland DUI lawyer today.
Distinction Between Felony and Misdemeanor DUI
Understanding the difference between a misdemeanor and a felony DUI is crucial. While both carry serious penalties, a felony DUI conviction is more severe. Generally, a DUI becomes a felony when:
- It’s the person’s fourth DUI within a ten-year period;
- The DUI results in injury or death to another person; and
- The person has a previous felony DUI conviction.
Common Circumstances Leading To Felony DUI Charges
Felony DUI charges are usually the result of certain situations, including:
- Repeat Offenses: If you have had three previous DUI convictions within ten years, the fourth can be charged as a felony.
- Serious Injury or Death: If your DUI resulted in an accident that caused serious injury or death, you may face felony charges.
- Previous Felony DUI: If you have a prior felony DUI conviction, any subsequent DUI can be charged as a felony.
The Consequences of Felony DUI Conviction
A felony DUI conviction can have serious and far-reaching consequences:
Potential Penalties and Sentencing
If you face a felony DUI conviction, there are a variety of penalties that you might encounter. You may face multiple years in prison, substantial financial penalties, a multi-year driver’s license suspension, and an ignition interlock device. You may have to go to DUI school as well.
Impact on Driving Privileges
Being convicted of a felony DUI often significantly impacts your driving privileges, usually resulting in a suspension or even revocation. This loss of mobility can create a domino effect, disrupting your ability to commute to work, run errands, or transport your children to school. Consequently, a DUI conviction can stretch beyond a legal penalty, potentially threatening your livelihood and altering your day-to-day life considerably.
Permanent Criminal Record and Collateral Consequences
A felony DUI conviction doesn’t just end with legal penalties; it leaves a lasting mark in the form of a permanent criminal record. This record is accessible in background checks, potentially causing complications during future employment searches and housing applications, and in some cases, can even restrict certain civil rights.
Effects on Employment and Personal Life
Beyond the immediate legal ramifications, a felony DUI conviction can impact your personal and professional life. The stigma associated with a felony record can damage your reputation, strain personal relationships, and create significant hurdles in your professional growth.
Moreover, certain industries may view such a conviction as disqualifying, potentially leading to job loss or hindering future employment opportunities. This can cast a long shadow over your personal aspirations and professional career.
California DMV Hearing and License Suspension After a DUI
In California, once you’re arrested for a DUI, the arresting officer immediately forwards a copy of the completed notice of suspension or revocation form along with your seized driver’s license to the Department of Motor Vehicles (DMV). The DMV automatically initiates an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If your driving privileges are revoked, it’s usually for a minimum of four months for a first-time DUI offense. However, it can be longer if there are aggravating factors such as a high blood alcohol content (BAC) level or if it’s not your first offense.
Following the DUI arrest, a crucial step is requesting a DMV hearing within ten days; failure to do so will result in automatic license suspension after 30 days. This hearing, separate from the criminal court proceedings, is your chance to challenge the suspension. Hiring a seasoned DUI attorney is highly beneficial for this process.
A skilled lawyer knows the ins and outs of the DMV hearing process, can navigate complex DUI laws, and construct compelling arguments based on the specifics of your case to challenge the license suspension. They can help ensure you present the best case possible by questioning whether the officer had a valid reason to pull you over, whether the BAC testing was accurate, and whether the arrest was lawful, among other tactics to help win at the DMV hearing.
What To Do After a Felony DUI Arrest in Oakland
Getting arrested for a felony DUI can be a disorienting and terrifying experience. Your actions in the immediate aftermath can have significant implications on your case. To navigate this challenging time, it’s imperative to remain composed and mindful of your rights. A few steps to follow include:
- Invoke Your Right to Remain Silent: Your first step should be to exercise your right to remain silent. Remember, anything you say can be used against you in court. Being quiet isn’t an admission of guilt. It’s a smart way to protect yourself from potentially incriminating statements.
- Request an Attorney: The law guarantees you the right to legal representation. Politely but firmly request an attorney before you engage in any dialogue with law enforcement. Without legal counsel present, you may inadvertently disclose information that could harm your case.
- Contact Lamano Law: Secure competent and compassionate legal representation as quickly as possible. At Lamano Law, we have the expertise and experience to defend you in felony DUI cases. We’re committed to preserving your rights and working towards the best possible outcome.
In the aftermath of a felony DUI arrest, acting quickly and wisely is essential. By staying silent, requesting an attorney, and reaching out to Lamano Law, you set the stage for a robust defense.
The Felony DUI Defense Process
Defending a felony DUI charge can be complex, with numerous steps from the moment of arrest to the final sentencing. Each stage presents different challenges and opportunities. Lamano Law is dedicated to providing you with comprehensive legal support throughout the process. A few steps that will unfold include:
- Initial Arrest: This is the starting point of the felony DUI process. It’s crucial to act appropriately, as discussed above. Your behavior and statements during this stage can significantly affect the course of your case.
- Arraignment: During this phase, you’ll be formally charged and have the opportunity to enter a plea. A knowledgeable attorney can help you understand the implications of your plea. We will help you make the right choice.
- Pretrial Hearings and Plea Bargaining: Pretrial hearings provide an opportunity for your attorney to challenge the prosecution’s evidence or negotiate a plea deal. Skilled negotiation can potentially reduce your charges or penalties.
- Trial and Sentencing: Your case will go to trial if a plea agreement isn’t reached. A seasoned lawyer from Lamano Law will argue on your behalf, challenging the prosecution’s case and presenting your defense.
The felony DUI defense process can seem daunting, but remember, you’re not alone. At Lamano Law, we stand ready to guide you through every step, leveraging our legal expertise to ensure your rights are upheld, and your case is fairly represented.
Statute of Limitations for California DUI
In California, the statute of limitations for a misdemeanor DUI is one year, while for a felony DUI, it’s three years. This means that the prosecution has this period from the alleged offense date to file charges.
Common Legal Defenses Against DUI Charges in Oakland
At Lamano Law, we utilize various defense strategies depending on the specifics of your case. A few examples of the defense an Oakland DUI defense lawyer from our team might use include:
Invalid Traffic Stop or Arrest
One of our initial lines of defense might revolve around the legitimacy of the traffic stop or arrest. Law enforcement must have probable cause to pull you over or make an arrest. The case could be dismissed if we can demonstrate that your rights were violated due to the absence of probable cause. This defense hinges on detailed scrutiny of the arresting officer’s actions and a deep understanding of constitutional law.
Breathalyzer or Blood Test Accuracy
A standard tool in the law enforcement arsenal is the breathalyzer or blood test to ascertain the Blood Alcohol Concentration (BAC). However, these tests are not infallible. They rely on precise calibration and proper administration to yield accurate results. We may call into question the validity of these tests by highlighting potential issues such as improper calibration, incorrect usage, or even physiological factors like medical conditions or diet that can affect the results.
If successful, this could result in the court discarding this evidence, weakening the prosecution’s case against you.
Field Sobriety Test Validity
Field Sobriety Tests (FSTs) are another method used by law enforcement to justify a DUI arrest. However, poor lighting, uneven surfaces, or the driver’s physical condition can influence the outcome. We may argue against the validity of the FSTs based on these or other external factors. Moreover, if the tests were improperly administered, the results may be deemed unreliable, further strengthening your defense.
Violation of Miranda Rights
Everyone arrested in the United States has certain rights, often referred to as “Miranda Rights.” These include the right to remain silent and the right to an attorney. If the police failed to inform you of these rights at the time of your arrest, any evidence or statements obtained after that could be inadmissible in court. We meticulously review the arrest process to ensure your rights are upheld.
Inadequate Legal Representation
If you were previously represented by inadequate counsel, leading to a wrongful conviction or harsh sentence, you might have grounds for appeal. At Lamano Law, we understand the importance of competent representation and will fight diligently for your rights. By investigating the performance of previous counsel, we may be able to identify and expose inadequate representation and work towards a more favorable outcome.
Contact Our Oakland DUI Attorney at Lamano Law if You’re Wrongfully Charged With a DUI in Oakland
Contact us today for a case evaluation, and let us start building your defense.