The impact of a DUI conviction can be devastating, impacting your life long after your case comes to a close. That’s why it is so important to work with an experienced Oakland DUI lawyer who is dedicated to getting you a favorable outcome in your case.
A DUI charge can be devastating for a number of different reasons, and some of these reasons are not even related to the penalties you will face from the court. An experienced DUI lawyer in Oakland can work to minimize the impact of your DUI. Some of the most common consequences of a DUI conviction include:
Criminal penalties for a first DUI offense include up to six months in jail, up to 3-5 years of probation, and fines of up to $1, 000. For a second offense within a ten-year period, there is a maximum term of imprisonment of one year, although in some cases any imposed sentence may be served under house arrest or through a work alternative program. If a driver is convicted of a third DUI offense within a ten-year period, the penalties increase substantially, including a minimum mandatory sentence of 120 days. Fourth-offense DUI’s can be a felony offense that results in incarceration in a state prison, making it important to consult with an Oakland DUI attorney if you’re facing DUI charges.
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Most crimes, DUIs included, have certain details that are referred to as “aggravating factors” that can lead to harsher penalties. If you are found to have been in violation of aggravating factors, the penalties you are facing will increase dramatically. Some of the most common aggravating factors in DUI cases that can lead to more severe penalties include:
At The Nieves Law Firm, we are committed to helping our clients find a legal solution that allows them to lead a joyful and fulfilling life. In fact, one of the first things we do when you schedule a free consultation is discuss your goals when hiring our law firm. Why? This allows us to build a DUI defense strategy that takes your future plans into account.
While the amount we charge depends on the circumstances of your DUI case, we want to be honest and up front with you. You will be able to find cheaper legal representation in California. In fact, you may be able to find cheaper DUI representation in Oakland. However, you must be cautious about the attorneys you speak with and how the price they charge often reflects the legal services they provide. Often, cheaper legal fees means less attention on your case. Some attorneys who practice primarily DUI cases only have one goal in mind, pleading down your case, regardless of how that could impact your plans for the future.
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At The Nieves Law Firm, our team is committed to providing legal representation that is tailored to you and your life. When we take on a DUI case, our primary focus isn’t on just getting your case pled down and moving on to the next one. No, we truly care about our clients and their futures. Our Oakland DUI lawyers will work to find you a legal solution that is customized to your case, your life, and your future goals. If you need a legal team that is focused on you, contact The Nieves Law Firm to schedule a free consultation.
At The Nieves Law Firm, we believe in compassion, forgiveness, and rehabilitation. That people are beautiful and change just like seasons. We believe in thoughtful communication and plans for a brighter future. We believe in restoring reputations and dreams. That we aren’t defined by our worst mistake and obstacles are meant to get over. We believe in taking the “criminal” out of criminal defense.
“The Nieves Law Firm is the best choice for anyone with a pending criminal case or concern. In my experience referring clients to them and seeing their work, I’m impressed by the way they support and counsel their clients. Firm owner and principal attorney Jo-Anna Nieves always puts her clients’ interests first.”
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“The Nieves Law Firm assisted me in a DUI case and they were extremely helpful and positive to work with. They were very attentive and helpful with all the questions regarding my case. I highly recommend their services and because of Jo-Anna, I can now feel at ease.”
“Thanks Nieves Law Firm! You made the process of my case simple, and easy to understand. Thanks for updating me, on my case on a regular basis. You made this ride smooth, for me. The outcome of my case was relieving, comforting and much-needed. I would definitely recommend “Nieves” to anyone”
Under California law, a DUI conviction is treated as a prior offense for ten years and penalties for a first-offense DUI are more severe than in many other jurisdictions and increase significantly for subsequent offenses. In addition to large fines, potential jail time, and license suspension, those convicted of driving under the influence of alcohol or drugs in Oakland may be put on probation and required to complete extensive classes and install an ignition interlock device in their vehicle.
Oakland Criminal Defense Lawyer
Moreover, a DUI conviction creates a criminal record with a whole host of unwanted consequences. However, there are defensive strategies that could result in a less severe outcome in your case. An experienced Oakland DUI lawyer could help you protect your rights and reach the best possible resolution based on your unique circumstances. To learn more or begin building your defense, consult with a defense attorney with our firm today.
Many of the basic prohibitions against impaired driving in California are set forth in California Vehicle Code §23152. The first provision in this section simply states that “[i]t is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” The second provision specifically prohibits driving with a blood alcohol concentration (BAC) of .08% or more.
Therefore, someone may be found to be driving illegally in one of two ways— either based on a chemical test measuring blood alcohol, or based on conduct showing that they are substantially affected by alcohol, drugs, or a combination of both. One key element of both provisions is that the individual charged must have “driven” a vehicle while impaired in order for a violation to occur. So, in certain cases, this caveat could provide grounds for a defense by an Oakland DUI lawyer.
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Client charged with two drunk driving DUIs. We conducted a bench trial on one count and were able to secure a not guilty finding and submit the order of acquittal to the DMV to prevent license suspension for the client. The other count was successfully transferred to Veteran's Court and, after successful participation by the client, the case was dismissed completely.
Client charged with DUI after falling asleep in her vehicle. As a mother, the client could not afford to lose her job or spend any time in jail. We were able to secure a favorable plea agreement of Wet Reckless despite her high BAC (Over .15%). Client did not have to spend time in custody, faced reduced fines and fees, and avoided potential professional consequences she was facing.
Client facing third-offense DUI with multiple sentence enhancements for a high BAC (Over .15%) and a violation of probation. This is typically punishable by a mandatory minimum jail sentence of 120 days. We were able to obtain a plea deal that resulted in an ankle monitor rather than jail time, allowing the client to stay out of custody and keep his job.
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Client accused of a hit and run and DUI after being involved in an accident with a .14% BAC. We negotiated a Dry Reckless disposition, meaning this resulted in a reckless driving misdemeanor that does not count as a DUI prior. This means the client did not face a license suspension, did not have to attend DUI school or face other DUI consequences, and was fined only $240.
In most cases, if you are charged with a DUI, you will face a driver’s license suspension. The length of your suspension, however, depends on a number of different things. For example, if you refused chemical testing of your blood, breath, or urine, you may face a more severe driver’s license suspension than if you didn’t. Also, prior DUI convictions within the past 10 years play a role in the length of your driver’s license suspension.
Typically, first offense DUIs with no other aggravating factors will result in a 4-month administrative suspension and a 6-month suspension from the court. However, if you refused to take a chemical test for any reason, you will face a license suspension of up to one year.
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A second-offense DUI that occurred within a 10-year timeframe from your prior conviction will result in a two-year license suspension from criminal court and a twelve-month suspension from the DMV if you took the chemical test. If you refused the chemical test, then you can face a two-year revocation from the DMV. A third-offense DUI could result in a suspension of up to three years if you take the chemical test or a three-year
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