What Should You Do If You’re Facing DUI Charges in Alameda?

Facing DUI charges? Getting convicted for drunk driving can result in harsh penalties that greatly affect your life. That’s why you need an DUI lawyer in Alameda,who is passionate about his work and knows how to defend your rights. A DUI conviction can result in hefty fines, license suspension, and even jail time, making it imperative to understand your legal options and build a strong defense.

Understanding the complexities of DUI laws and navigating the legal system requires competence and experience. A dedicated DUI defense attorney can provide the guidance and representation needed to challenge the charges against you. With their knowledge of local courts and procedures, they can identify potential weaknesses in the prosecution’s case and work towards the best possible outcome for your situation.

Quick Summary:

  • DUI, or Driving Under the Influence, is the crime of operating a vehicle while impaired by alcohol, drugs, or other substances. Legal impairment is often determined by a blood alcohol concentration (BAC) of 0.08% or higher in the U.S., and penalties include fines, license suspension, and jail time.
  • Police use field sobriety tests, breathalyzers, and blood tests to check for intoxication, and refusal to cooperate can lead to more serious penalties. Prosecutors must prove the tests were done correctly to charge someone with a DUI. DUI penalties in Alameda County include fines, jail time, license suspension, and mandatory treatment programs, with harsher penalties for causing accidents, high BAC, test refusal, prior DUI convictions, or having a child in the car.
  • If arrested for DUI in California, it’s important to cooperate with police, but also to be cautious about what you say. Document details of your arrest, avoid discussing your case on social media, and attend all court dates. Hiring a knowledgeable DUI defense attorney in Alameda can help you understand your options, help ensure your rights are protected, minimize penalties, and effectively challenge the charges against you. 

What is DUI or Driving Under the Influence?

DUI, or Driving Under the Influence, is the criminal offense of operating a motor vehicle while impaired by alcohol, drugs, or other substances that affect a person’s ability to drive safely. This impairment can result from consuming alcoholic beverages, illegal drugs, prescription medications, or over-the-counter drugs. Legal impairment is often determined by measuring the driver’s blood alcohol concentration (BAC), with a common threshold being 0.08% in all United States. DUI laws aim to deter impaired driving and enhance public safety by imposing various penalties on offenders, including fines, license suspension, and potential jail time.

What are the Laws on Drunk Driving in California? 

In California, it’s against the law to drive if you have alcohol or drugs in your system. If you have a blood alcohol level of 0.08% or higher, you are breaking the law. 

To find out if someone is under the influence, police use tests to check for alcohol or drugs. If you refuse to take these tests, you can face even tougher penalties. Prosecutors must show clear proof that the driver was under the influence to convict them of DUI. So to further discuss the California DUI laws, below are the following limits, conditions, and proceedings to know about.

Blood Alcohol Concentration (BAC) Limits 

California law sets specific BAC limits for different categories of drivers. 

  • For most adult drivers (aged 21 and over), a BAC of 0.08% or higher is considered illegal. 
  • Commercial drivers have a lower BAC threshold of 0.04%. 
  • For drivers under the age of 21, the state enforces a strict zero-tolerance policy, making it illegal to drive with a BAC of 0.01% or higher. 
  • Other specific considerations are if you are under probation at any age, a BAC limit of 0.01%. 
  • A BAC of 0.04% or higher if you are driving a passenger for hire. 

If you drive with a blood alcohol level that’s too high, a police officer can charge you with DUI. But even if your alcohol level is below the legal limit, it doesn’t mean you’re safe to drive. Almost everyone feels the effects of alcohol, even at lower levels. If you seem too impaired to drive safely, you could still be arrested and charged with a DUI, even if your alcohol level isn’t measured.

DUI and Drugs 

California’s DUI laws cover both alcohol and drugs. It’s illegal to drive if you’ve been drinking alcohol or taking drugs that make it unsafe to drive. As you get older, your body can’t handle alcohol as well, which means you might have more trouble driving if you drink. The law doesn’t care if the drug is illegal or a prescription from a doctor; both can make it unsafe to drive.

No matter your age, you can’t drive if you have:

  • Drunk too much alcohol, including in medicines like cough syrup.
  • Have taken any drug that affects your driving, even if it’s a prescription or over-the-counter medicine.
  • Used a mix of alcohol and drugs that makes driving unsafe.

Always read the labels on your medicines to know how they affect you. If a police officer thinks you’re driving under the influence, they can ask you to take a blood or urine test. If you say no, the DMV will take away your driving privilege for one year.

If you’re between 13 and 20 years old and caught riding a bike under the influence of alcohol or drugs, you could lose your driving privilege for a year once you’re old enough to drive.

Administrative and Criminal Proceedings 

A DUI arrest in California triggers both administrative and criminal proceedings. The administrative process, conducted by the California Department of Motor Vehicles (DMV), focuses on the suspension or revocation of the driver’s license. Drivers have the right to request a DMV hearing to contest the suspension. The criminal proceedings, on the other hand, address the legal charges and potential penalties through the court system.

How To Determine Intoxication Levels? 

Different states have their own rules for figuring out if someone is too intoxicated to drive. If a police officer thinks you might be drunk or high based on your driving, like if you’re swerving or speeding, they might pull you over. To check if you’re intoxicated, police might:

  • Make you walk in a straight line.
  • Ask you to stand on one leg.
  • Use a breathalyzer to see how much alcohol is in your system.
  • Give you a blood test to measure your alcohol level and find out what substances are in your body.

Depending on where you are, the police might do one or all of these tests. If they ask you to take one, it’s important to cooperate because refusing can lead to more serious charges and penalties.

For you to be charged with DUI, the prosecutor must prove that the tests were done correctly and show that you were driving while intoxicated.

If you’re facing DUI charges, it’s a good idea to contact a DUI defense lawyer in Alameda right away. A lawyer can review your case and look for mistakes in the testing process to protect your rights.

What Are the Punishments for DUI Convictions? 

When someone in Alameda County is found guilty of DUI, they can face several legal penalties. Here are the specific details of the consequences to take for each offense: 

First DUI Offense (No Probation)

Under the first DUI offense without probation, below are the following consequences you should be aware of. 

  • Jail Time: 96 hours to 6 months
  • Fines: $390 to $1,000, plus extra fees
  • Driver’s License: DMV suspends license for 6-10 months
  • Treatment Program: Not required, but you need to finish an alcohol program before you can get your license back

First DUI Offense (With Probation)

For first DUI offense with probation, here are the following penalties: 

  • Jail Time: 48 hours (optional) to 6 months
  • Fines: $390 to $1,000, plus extra fees
  • Driver’s License: DMV suspends license for 6-10 months
  • Treatment Program: You must attend an alcohol program. If your BAC was below 0.20%, you need 3 months of treatment. If it was above 0.20%, you need 6 months of treatment.

Second DUI Offense (Within 10 Years, No Probation)

Second DUI offense within 10 years and without probation, below are the penalties to consider. 

  • Jail Time: 90 days to 1 year
  • Fines: $390 to $1,000, plus extra fees
  • Driver’s License: DMV suspends license for 2 years 
  • Treatment Program: 18 to 30 months of drug or alcohol treatment

Second DUI Offense (Within 10 Years, With Probation)

Here are the following consequences to take if you are on your second DUI offense within 10 years and with probation: 

  • Jail Time: 96 hours (in minimum 48 hrs blocks) or 10 days to 1 year jail
  • Fines: $390 to $1,000, plus extra fees
  • Driver’s License: Suspended for up to 2 years
  • Treatment Program: 18 to 30 months of drug or alcohol treatment

Third DUI Offense (Within 10 Years)

Under your third DUI offense within 10 years, here are the consequences you must face:

  • Jail Time: 120 days to 1 year
  • Fines: $390 to $1,000, plus extra fees
  • Driver’s License: Suspended for up to 3 years
  • Treatment Program: 18 to 30 months of drug or alcohol treatment (if not yet completed) 

Fourth DUI Offense (Within 10 Years)

For your fourth DUI offense within 10 years, the penalties to consider are the following: 

  • Jail Time: 180 days to 16 months
  • Fines: $390 to $1,000, plus extra fees
  • Driver’s License: Suspended for up to 4 years

The exact penalties can be more severe depending on the details of the arrest.

Remember that a judge might give harsher penalties for a DUI if certain things happened. These factors can make the penalties worse:

  • If the driver caused an accident.
  • If the accident led to someone getting hurt, dying, or causing a lot of damage.
  • If the driver’s blood alcohol level was above 0.20%.
  • If the driver refused to take a breath or blood test.
  • If the driver has had previous DUI arrests or convictions.
  • If there was a child in the car.

What Happens During a DUI Arrest? 

When you drive in California, you agree to take a breath, blood, or urine test if a police officer thinks you might be drunk or high. Even if you take a breath test, you might still need to take a blood or urine test to check for drugs. If you refuse, the DMV will take away your driving rights.

If you’re arrested for DUI:

  • The DMV will automatically suspend your driving privileges.
  • The police might take your driver’s license and give you a temporary one for 30 days.
  • You can ask for a DMV hearing to discuss your case within 10 days of your arrest.

What To Do During a DUI Arrest? 

Being arrested for a DUI can be really stressful, but it’s important to handle the situation carefully. Here are some tips on what to do:

  • Remember Everything: Try to recall as much as you can about the arrest. The way an arrest is done has rules, and if there were mistakes, your case might be dropped. Pay attention to every detail before, during, and after the arrest, as this information can help your lawyer build a strong defense.
  • Be Cooperative: Always follow the officer’s instructions and take any sobriety tests if asked. Arguing with the police can make things worse, but be careful about what you say because anything you say might be used against you in court.
  • Keep It Private: Avoid talking about your case on social media. Anything you post could be used against you, and inconsistencies between what you say in court and what you post online can hurt your case.
  • Don’t Miss Court Dates: Make sure to attend all your court dates. Missing a court date can make it seem like you don’t care about your case, which could hurt your chances of winning.
  • Don’t Plead Guilty Right Away: Many people plead guilty because they think they can’t win, but that’s not always true. There are often ways to reduce or even drop the charges with a good defense.

If you or someone you know is facing DUI charges, it’s important to get legal help right away.

Why Do I Need an Alameda DUI Defense Attorney?

Hiring a DUI lawyer in Alameda can make a significant difference in the outcome of your case. Understanding why you need an attorney can help you make informed decisions and effectively address the charges against you. Below are the three main reasons on why you need a DUI defense attorney by your side. 

  • Knowledge of DUI Laws: An Alameda DUI Defense Attorney has a thorough understanding of California’s DUI laws and can identify mistakes or violations during your arrest. Their knowledge helps in developing defenses and strategies to reduce or dismiss charges against you.
  • Protection of Your Rights: DUI cases are complex, with many legal nuances that can affect the outcome. An experienced attorney protects your rights, manages interactions with law enforcement and prosecutors, and ensures proper handling of evidence.
  • Minimizing Penalties and Consequences:A DUI conviction can result in fines, jail time, and a suspended license. An Alameda DUI Defense Attorney aims to minimize these penalties by negotiating with prosecutors, seeking reduced charges, and presenting a strong defense to achieve the best possible outcome.

Don’t Let a DUI Charge Bother You, Let the Law Offices of Andrew Dosa Guide You with Your Case! 

A DUI charge can be a life-altering event, fraught with potential consequences like jail time, hefty fines, and license suspension. Navigating the complex legal system alone can be overwhelming. That’s where the Law Offices of Andrew Dosa comes in. As a knowledgeable DUI lawyer in Alameda, we understand the gravity of your situation and are committed to providing aggressive and compassionate defense.

With years of experience handling DUI cases in Alameda County, our legal team possesses a deep understanding of local laws and procedures. We employ cutting-edge defense strategies, leveraging our competency in related practice areas like criminal defense and traffic law. Our goal is to protect your rights, minimize penalties, and restore your life to normalcy.

With our team at the Law Offices of Andrew Dosa, we can also help you with your estate planning journey, with your Alameda civil litigation, or if you’re facing a personal injury case.

Don’t face this challenge alone. Contact the Law Offices of Andrew Dosa today for a free consultation. Let us put our experience to work for you.