DUI Lawyer Oakland. If convicted, a DUI can permanently change your life for the worse. Your ability to drive isn't the only thing at risk; you're also facing jail time, fines, and other penalties. You can face DUI charges even for just refusing to take the tests, and when you refuse, you can face the same penalties as a high blood-alcohol level DUI. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
If you find yourself in this situation, you need someone in your corner. Trying to stand up for yourself against the prosecution is a battle you need a team behind you for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are California's best DUI defense lawyers and have successfully fought countless DUI charges. When you retain us, you're getting a team of accomplished defense attorneys who know how to operate the Oakland, CA, court system and find the best result for your case.
Don't wait and let your chance slip away. Get a hold of us anytime, day or night, at (800) 755-5174 or contact us online to start preparing your case's defense today.
Oakland, CA, DUI Lawyer Traffic Stop Tips:
Traffic police are just a part of driving. It's not exciting, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Oakland, CA, DUI Lawyer for you to use the next time a police officer stops you on the road:
Tip #1: Be Prepared With Your Documents
Your heart might start to pound as soon as the police officer asks for your ID, registration, and insurance. If police see you fumbling as you try to gather these documents, they could think that you've been drinking. But if you don't need to search for them, you avoid that risk.
Tip #2: Be Silent When Alcohol Is Smelled
If there's a scent of alcohol on your person or in your vehicle, don't talk. You have the right to remain silent at all points in the legal process. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. If you haven't been arrested, you can decline to participate. However, you can face consequences if you refuse a blood alcohol content test after you've been arrested.
Tip #4: Treat the Officer Respectfully
Being rude won't help — it will make things worse. This is about more than just avoiding an arrest in the short term; it also helps your defense: By acting out or arguing, you are giving the police more evidence, and depending on what you do, it could make you appear intoxicated.
What Happens After a DUI Arrest in Oakland?
California DUI Law allows an officer to arrest you even if you blow below the legal limit, or even if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, likely via field sobriety tests, then make arrests based on the results.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can start the minute the officer arrests you – you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, they are ensuring that the arrest is added to your DMV record, at which point, you're officially facing a license suspension.
- Arraignment: Before you are released, you will be brought before a judge, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: Independant of the criminal charge process, you'll want to set up a DMV hearing within 10 days to protect your license.
- Pretrial Motions: It's possible to be held in jail before your trial, but that's not very likely in DUI cases. Meanwhile, your Oakland DUI defense attorney will be filing motions, including motions to dismiss charges, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: While filing pretrial motions, your DUI defense lawyer will communicate with the Oakland prosecutor to try and secure a favorable deal before a trial. But if that doesn't work, your attorney should be refining a defense strategy now.
- Criminal Trial: Most DUI cases won't go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on how your case turns out, you may face penalties. However, if you are found not guilty or enough time has passed, we may be able to help you clean your record.
Our DUI legal experts can help you with any step of the legal process, on both the criminal defense and DMV side. Whether you've just been arrested or are on the eve of your trial (or anywhere in-between), the Law Offices of David S. Chesley are here for you!
DUIs in Oakland, CA and Criminal Cases vs. DMV Hearings
Oakland, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the fight for your license. These will never be handled in the same hearing, but a skilled DUI defense attorney will help you with both.
Here are things to watch out for with both cases, and our process for defending your liberty and ability to drive:
Oakland, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, for which you will need to go through the CA legal system.
Criminal cases, including DUIs, all follow the same basic process – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we craft a staunch defense and push back against the accusations. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for faults in laboratory examinations, and see if there's anything the police missed that can show the events in a more favorable light.
The vast majority of our DUI clients in Oakland do not receive any jail sentence. Commonly, we'll negotiate a plea deal to reduce the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
Oakland, CA, DUI License Suspension
Meanwhile, you need to worry about the DMV and your license suspension. This suspension is independent of the criminal case, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
The criminal charges are not always relevant in the DMV hearing. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the outcome of the DMV hearing hinges on whether or not you were lawfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused BAC tests, whether or not you were properly informed of the consequences. These hearings have serious consequences that require an expert Oakland, CA, DUI lawyer to navigate. At the hearing, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
Outside of that ten-day window, though, you're out of luck. Outside of rare cases, you don't get any more chances to request that hearing. This is why it's important to contact a Oakland DUI defense attorney without delay after the arrest.
Potential Penalties for a DUI in Oakland
Oakland, CA, DUI criminal penalties can permanently affect your life – while many are considered misdemeanors, you could still be sentenced to a year in jail, or six months for a first offense.
In this table, you can review the different penalties you could be fighting against, depending on what your charges are:
| Alleged DUI Offense | Jail/Prison Time | Fine |
|---|---|---|
| First Time DUI | 48 Hours to 6 Months | Up to $1,000 |
| Second Time DUI | 96 Hours to 1 Year | Up to $1,000 |
| Third Time DUI | 120 Days to 1 Year | Up to $1,000 |
| Fourth Time DUI (Felony) | 16 Months to 3 Years | Up to $1,000 |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 |
In addition to any criminal sentence in Oakland, CA, you're also facing collateral consequences, such as elevated insurance costs and potential punitive actions from professional licensing organizations.
DUIs and Immigration
DUI immigration consequences have the potential to be life-altering. If this is the first time you've been accused of driving under the influence, you probably won't face removal proceedings. The bad news is that if certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI can result in removal from the country. For immigrants seeking citizenship, even if you aren't deported, it can set your efforts back by several years.
Whether you are an immigrant citizen, are here on a work visa, or are anywhere in between, a Oakland, CA, immigration lawyer can help you navigate the situation. At the Law Offices of David S. Chesley, you can rest assured that our lawyers can guide you through both your criminal case and your citizenship process: We'll explore diversion programs and plea deals that can keep a DUI off your record, defend you against efforts to expel you from the country, and offer expert advice as you apply for citizenship.
After the Case: Expungement/Sealing
Whether you're found innocent or not, you're liking looking forward to putting this all behind you. It doesn't take long to realize, though, that your arrest and/or criminal record can stick with you. Depending on your case outcome, you may be eligible to either expunge or seal your records. A Oakland, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you an opportunity to clean your record.
When You're Picking a Oakland, CA, DUI Lawyer, Consider These Factors
Accused of a DUI in Oakland? It is critical to pick the right lawyer to defend your innocence. Your team needs the expertise, preparation, and ties to secure a positive outcome for your case. When you speak with Oakland, CA, DUI attorneys about your case, ask them about the following:
- Experience: Experience gives your attorney knowledge on how to win these cases. At the Law Offices of David S. Chesley, several of our members are former judges, district attorneys, and police officers, totalling over five decades of experience handling cases.
- Availability: DUI allegations can happen any time, day or night. Our offices are always available if you need to talk 24/7.
- Relationships: Part of getting a positive plea deal is knowing the right people. We have experience working with the prosecutors in Oakland and all throughout CA.
- Reputation: Not just with clients and friends, but also amongst their peers. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. If you're ready to join our list of successes, call now.
DUI Case Types We Defend in Oakland
Criminal and administrative, whatever type of DUI charges you're fighting in Oakland, CA – our DUI defense lawyers are prepared to defend you against the charges.
Here are some of the DUI cases we have experience defending:
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- Disorderly Conduct
- Disturbing the Peace
- DMV Hearing Defense
- Driving with a Suspended License
- Driving Without a License
- Driving Without Insurance
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI and Professional Licenses in California
- DUI Blood Test Defense
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI License Reinstatement
- DUI Probation Violation
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Penalties
- DUI with Child Passenger
- Evasion
- Exhibition of Speed
- Felony DUI
- Field Sobriety Tests
- First-Time DUI
- Fourth DUI Felony Escalation
- Hit and Run
- Hit and Run DUI
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Street Racing
- Second Time DUI
- Third DUI California
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Tactics in Oakland, CA
If you want to craft an effective defense strategy, our Oakland, CA, DUI lawyers are here to help. Choosing the correct defense for your particular circumstances is essential in finding the best possible outcome. Below are some of the most effective ones.
Contest the Legality of the Arrest
If the arresting officer failed to obey the rules for investigating a DUI, your case could be thrown out on legal grounds. This defense is effective if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With Blood, Breath, and/or Urine Tests
Many DUI cases center around a blood-alcohol content test. Our team will look into any issues with how the equipment was stored or used, re-examine the evidence to look for alternate explanations, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But there are several other factors that can affect your performance besides whether or not alcohol was in your system. Your local DUI lawyer will inspect any records of the test and show whether or not you were fairly judged.
Explain BAC With Medical Conditions
Perhaps the officer properly conducted a breathalyzer test, and your BAC was over the legal limit. This may sound bad, but our lawyers have more defense strategies we can pull from. Medications and health conditions can create false positives – even just over-the-counter cold medicine often contain alcohol, which can linger in your mouth, impacting the test.
Timing is Critical – Talk To Our Oakland DUI Defense Attorneys RIGHT AWAY
If you've been arrested or accused of a DUI in Oakland, CA, it can feel like you barely have a chance to think. You can't drive anymore, a law enforcement official might be asking you hard questions, you're told you have a court date…it's easy to feel out of control. What you need to do is get in touch with aOakland, CA, DUI attorney right away.
Don't give up and let the district attorney win. Don't lose your ability to drive without a fight. Don't hesitate and lose your freedom. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all Oakland, CA DUI charges. We're prepared to start building your defense immediately and will can fight for your license and your rights immediately. Call us now at (800) 755-5174 or let us know what you need online for a confidential case review.
We also provide the following legal services in Oakland, CA:
Payment Plans
