Following the strict guidelines of the California Vehicle Code, driving under the influence (DUI) is a criminal offense in Oakland.
If this happens to you in Oakland, your first move should be to contact an Oakland DUI lawyer who is experienced in constructing a solid defense best to keep you out of prison and keep your record clean.
A DUI criminal defense attorney Oakland-based will also be able to manage the US Department of Motor Vehicles (DMV) hearing, ensuring that your license is not immediately revoked after an arrest. Keep reading to learn more about this.
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DUI is a short term for “driving under the influence,” the influence referring to drugs, alcohol, or other controlled substances. In all states, this is a criminal offense.
Conviction results in harsh penalties. It includes a license suspension, fines, prison time, probation, a rehab program, community service, and the installation of an ignition interlock device.
Drivers are caught with this criminal offense in various possible ways. Officers may request chemical testing of a driver’s breath, blood, or urine if they suspect impairment. This suspicion is often aroused when an officer observes reckless or erratic driving.
At police sobriety checkpoints, DUI and DWI testing and arrests are also possible.
If they refuse a chemical test, the local state can automatically revoke a driver’s license in most jurisdictions. This is because states often demand that a motorist implicitly submits to chemical testing to acquire a driver’s license.
DUI vs. DWI
While DUI means “driving under the influence,” DWI is abbreviated for “driving while impaired.” These two phrases are interchangeable and indicate the same thing, particularly in California.
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California Vehicle Code Section 23152
Code Section 23152(a) VC
Driving under the influence violation is addressed under Vehicle Code Section 23152(a) VC of the state of California. The law explicitly specifies that anybody who drives or operates a vehicle under alcohol or drugs is breaking the law.
Code Section 23152(b)
Code Section 23152(b) VC further substantiates the previously mentioned section.
The section renders driving with a prohibited blood alcohol concentration (BAC) of 0.08% or above. BAC is the quantity of liquor by volume per unit of a blood sample, being 80mg of alcohol every 100ml of blood.
Code Section 23152(f)
In addition, the code section 23152(f) VC specifies the charges for driving under a drug’s influence. Any substance may result in DUI proceedings if it affects the driver’s ability to drive a vehicle, whether illegal or prescription.
It applies to any drug that has the potential to impair someone’s ability to drive. It includes illicit substances and their metabolites, prescription drugs, and even particular over-the-counter drugs.
Note that it is not a justification that the accused was legally authorized to take a certain kind of medicine or that the suspect required the drug to treat a medical condition to be released.
How to Fight a DUI Charge?
If you are charged in the jurisdiction, only an experienced Oakland DUI lawyer can counsel you best on how to overcome a DUI charge in a particular circumstance.
Routine procedural flaws and errors made by arresting personnel may rebut a DUI charge. To determine whether any of these may be beneficial in your circumstance, you will need legal representation.
Prevention of a DUI Trial
On brighter news, it is possible to prevent going to trial for a DUI charge. There may be faults in the case, insufficient evidence to demonstrate guilt, procedural errors, or illegalities in the method the accused was arrested, prosecuted, and handled.
The prosecutors must be persuaded that their case will be adequately refuted at trial. A skilled criminal charge DUI attorney Oakland offers may successfully expose the weaknesses, allowing you to avoid a DUI arrest.
Dismissal of a DUI Charge
Having a DUI dropped depends mainly on the available evidence and the attorney’s skill. Select specific instances are more difficult to defend than others.
The prosecutor’s competence and accessible assistance from law enforcement will also need to be considered. Although DUI cases are often dismissed, it is tough to generalize, and charges are commonly dropped before the trial date.
Dropping a DUI Charge
The most desirable alternative for an accused is to have a DUI charge dismissed. It is only feasible if the prosecution has insufficient proof.
If a defense attorney creates reasonable doubt, the prosecution cannot get a conviction. The prosecutors must be substantially persuaded that their case is faulty before the charges may be withdrawn.
Reduction of a DUI Charge
Alternatively, the fees related to a DUI charge might be cut. Lowering a DUI is essentially pleading guilty to a lower offense.
Driving under the influence is a criminal violation; however, speeding or driving recklessly without being impaired or inebriated is not. Prosecutors accept such deals when they know that the allegations cannot be proved more than a reasonable doubt at trial.
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How to Get an Oakland DUI Lawyer?
Should you be charged with DUI, you must get an attorney immediately. A DUI Lawyer from a highly reliable drunk driving law firm Oakland-based is the most recommended thing to do when facing such a charge.
“Where can I find the best rated DUI lawyers near me?” – this should be the question in mind, not settling for legal support with low standards. To hire a highly qualified Oakland DUI lawyer, visit https://www.louisgoodman.com/dui-attorney/oakland.
Backed up by its more than three decades of experience, Louis J. Goodman will provide you with the essential information and assist you in developing your case and have the skills to minimize the repercussions of DUI prosecutions.
How Much Does an Oakland DUI Lawyer Cost?
The fee of a DUI attorney in Oakland varies on several variables. The majority of cases progress to trial, and the length of the legal processes influences the cost.
Cases that do not proceed to trial, such as when a plea agreement is reached or when charges are dropped, may incur different costs. Further, some instances are more complicated than others, requiring more time, effort, and money.
Consult your prospect attorney, as initial consultations are usually free to get a comprehensive grasp of how much a lawyer’s services will cost you.
Contact Louis J. Goodman’s Law Office for a free consultation to discuss your situation. They will analyze the specifics of your DUI arrest free of charge and recommend the best course of action.
Drunk driving is a severe violation that should not be treated lightly. In California, driving under the influence is deemed illegal, so if you are caught for DUI in Oakland, you shall anticipate being prosecuted and required to appear before a judge.
Upon arrest, the best action is to call a DUI attorney who will advise you based on the specifics of your case.
Valuable experience is one paramount factor to consider when hiring a DUI attorney. Someone with a comprehensive understanding of the Oakland judicial system must provide sound counsel and direction.