Walnut Creek, Oakland DUI Defense Lawyer
First Offender
- Up to six months in jail (mandatory minimum 48 hours of custody or non-jail alternative)
- Up to $1000 fine (assessments increase fine up to $2500 or more)
- DUI alcohol school of six weeks to nine months
- Denial of any restricted license (meaning if the DMV suspends your license for four to 10 months, you can’t drive and can’t get a restricted license to work)
- Installation of ignition interlock device (you must blow into it before starting the car)
- Informal probation (no probation officer)
- Total prohibition of all drinking (no social drinking)
- Prohibition of being in any location selling alcohol (bars)
Special Penalties
- Speeding: 60 days in jail if 20+ miles over the limit
- .15% or higher alcohol: increased jail time and fine, longer DUI school
- .20% or higher alcohol: 10 month license suspension; nine month DUI school; more custody, higher fine
- Child under 14-years-old in car: two days mandatory jail time
- Accident, no injuries: more custody, higher fines, longer DUI school
- Accident with injuries: minimum 5 to 90 days in jail; possible felony charge; one year license suspension
Multiple Offenders
Second offenders (prior DUI arrest within 10 years):
- Minimum 4 to 10 days in jail, up to one year
- 18 to 30 month alcohol school
- Two year license suspension
- Ignition interlock
Third offenders (two prior DUI arrests within 10 years):
- Minimum 120 days in jail, up to one year
- 18 to 30 month alcohol school
- Three year license revocation
Fourth offenders (three prior DUI arrests within 10 years):
- Possible felony charge
- Minimum 180 days in jail
- Up to one year in jail if misdemeanor
- Up to three years state prison if felony
- 18 to 30 month alcohol school
- Four year license revocation
One important reason to have an attorney handle your DUI case is that even if you are successful in getting your criminal court case dismissed, the DMV still may proceed against you to revoke your license.
If you fail to either set your DMV hearing within the 10 day period or lose the DMV hearing, you may have the following terrible situation: even though your criminal case was dismissed, your license is suspended by the DMV, and to get your license back, you must enroll in and successfully complete the DUI school program.
Worse yet, if, in the next 10 years, you are arrested for a second DUI, the DMV can suspend your license for one year, even though the courts will treat the second arrest as a first offense. However, there is a special procedure in court to assure that the DMV cannot proceed against your license through a process of being found factually not guilty. The moral of the story: retain an attorney.
Please contact me today to schedule a free consultation about your DUI defense case. I provide high quality representation to people in Oakland, Walnut Creek and the entire east San Francisco Bay area.
To learn more about DUI law in general, please visit my DUI Practice Center.