I have been arrested for a DUI in Oakland, do I need a lawyer?Absolutely. You should have an Oakland DWI attorney review your case to identify any legal or technical defenses you may have. Many DUI cases are won based on technicalities. The police took my license and gave me a temporary license, how do I get my license back?If you are found to be driving with a blood alcohol level of .08 or above, the DMV will suspend your license. In order to fight the suspension, you must contact the Driver Safety Branch of the DMV within 10 days of your arrest and request an administrative hearing. Contact the Driver Safety Branch of the DMV that is closest to the place your arrest occurred: Oakland: I have to go to criminal court in 30 days, what can I expect?At your first court appearance, you will be told whether or not charges have been filed against you. If charges have not been filed, it is because one of the following has occurred: 1) the District Attorney’s Office has chosen not to file charges; or If the DA has decided not to file against you, your case is over. If the DA needs more time to decide whether or not to file, the judge will give you another date to return to court. If charges have been filed, the judge will tell you what the charges are and will give you a copy of the complaint (a document that lists the charges). You will then be given another court date and are expected to hire a lawyer for your next court appearance. If you cannot afford a private attorney you will be referred to the Public Defender’s Office. I have been charged with a DUI – why are there two charges against me?In almost all circumstances, the District Attorney’s Office files two charges in DUI cases: a violation of Vehicle Code section 23152(a) and a violation of Vehicle Code section 23152(b). Section 23152(a) is driving under the influence of alcohol or drugs – this count means that the DA believes they can prove you were too impaired to drive, regardless of your blood alcohol level. Section 23152(b) is driving with a blood alcohol level of .08 or above – here, your level of impairment is not significant – the law states that anyone driving with a .08 blood alcohol level or above is guilty of a DUI. These charges are filed “in the alternative,” and you will not be held responsible for both – a person cannot be convicted twice for the same incident. I was convicted for a DUI before. Can my conviction be used against me in this case?The sentence for a DUI differs, depending on whether it is a first, second, or third conviction. When you are charged with a DUI, the District Attorney’s Office looks back 10 years from the date of your arrest – if you have had one DUI conviction within 10 years, the new case will be considered a “second time” DUI; if you have had two DUI convictions within 10 years, the new case will be considered a “third time.” Free Initial Consultation: Contact an experienced Oakland DWI lawyer at Bonjour, Thorman, Baray & Billingsley. Se habla Español • Oakland DWI Attorney |
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