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The prosecution of defendants in the criminal courts are done by the district attorney's office of the county. The district attorney's office files charges against a defendant as either a misdemeanor (an exposure of up to one year in jail) or felony (an exposure of over one year in jail). DUI's (Driving under the influence) can be charged as either a misdemeanor or felony depending on the severity of the circumstances. Expungements are a request to the court for a record clearance of a prior criminal conviction. A petition to reduce a felony conviction to a misdemeanor conviction is also available.
OAKLAND DUI LAWYER
SAN JOSE DUI LAWYER
Phan, Nguyen, & Associates LLP, Esq. services Oakland DUI and the rest of Alameda County cases out of our Oakland Lake Merritt office. If you need an Oakland DUI Lawyer, contact our DUI law office.
If you were arrested for Driving Under the Influence in Alameda County including the following cities of
Alameda
Albany
Berkeley
Castro Valley
Dublin
Emeryville Fremont
Hayward
Livermore
Newark
Oakland Piedmont
Pleasanton
San Leandro
San Lorenzo
Sunol
Union City
Contact a professional Oakland DUI lawyer.
OR
If you were arrested for Driving Under the Influence in Santa Clara County including the following cities of
San Jose
Palo Alto
Santa Clara
Cupertino
Saratoga
Sunnyvale
Contact a professional San Jose DUI lawyer.
Phan, Nguyen, & Associates LLP, Esq. services San Jose DUI and the rest of Santa Clara County cases out of our San Jose office. If you need an San Jose DUI Lawyer, contact our San Jose DUI law office.
Oakland DUI cases are heard at one of many California Superior Courts within Alameda County.
These courthouses in Alameda County are listed below:
René C. Davidson - Oakland
U.S. Post Office Building - Oakland
Wiley W. Manuel Courthouse - Oakland
Allen E. Broussard Justice Center - Oakland
George E. McDonald Hall of Justice - Alameda
Hayward Hall of Justice - Hayward
Winton Avenue Building - Hayward
Fremont Hall of Justice - Fremont
Gale/Schenone Hall of Justice - Pleasanton
The prosecution of defendants in the criminal courts are done by the district attorney's office of the county. The district attorney's office files charges against a defendant as either a misdemeanor (an exposure of up to one year in jail) or felony (an exposure of over one year in jail). DUI's (Driving under the influence) can be charged as either a misdemeanor or felony depending on the severity of the circumstances. Expungements are a request to the court for a record clearance of a prior criminal conviction. A petition to reduce a felony conviction to a misdemeanor conviction is also available.
DUI AND THE DMV
The DMV in California keeps DUI convictions on your DMV record for a minimum of 10 years. A result of a DUI on your record can possibly lead to higher auto insurance costs as well as also jeopardize your credit rating and employment. The penalties for a DUI increase significantly if you have had other factors including prior DUI convictions, if you were stopped for speeding, or if you had an accident while driving under the influence.
DMV administrative hearings for the city of Oakland and other Alameda County DUI cases are typically handled from the DMV Oakland administrative office located in Oakland. If you have been recently arrested for a DUI, you strongly suggested to fax a request to the DMV for a California DMV administrative hearing. The information for the Oakland DMV administrative hearing office is below:
DMV Administrative Office
303 Hegenberger Road
4th Floor, Suite 400
Oakland, CA 94621
Phone: (510) 563-8900
Fax: (510) 563-8950
IF YOU HAVE JUST BEEN ARRESTED FOR DUI YOU MAY HAVE YOUR LICENSE SUSPENDED
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
If you lose the DMV APS hearing:
* A first offense will result in a 4-month suspension. (you must wait 30 days from the start of the license suspension before you can apply for a restricted license. See Vehicle Code 13353.7 . To get the restricted license, you must (1) be enrolled in the 3 month first offender alcohol program, (2) have your SR-22 proof of insurance, and (3) Pay the DMV fee.
* A second offense will result in a 2 year license suspension.. (You can apply for a restricted drivers license in as early as one year. See Vehicle Code 13352(a)(3). To get the restricted license, you must (1) be enrolled in the 18 month alcohol program, (2) have your SR-22 proof of insurance, (3) Pay the DMV fee and (4) have installed an ignition interlock device on your vehicle. The restricted license allows you to drive to work, school and an alcohol program during the balance of the two-year suspension period.
* A third offense will result in a three-year drivers license suspension. (If you do get hit with the three-year license suspension, you may obtain a restricted license in as early as 18 months. But you must first have completed at least the initial 12 months of an 18-month or 30-month alcohol program (depending on which one the court imposes). You must also have your SR-22 proof of insurance, have an ignition interlock device installed in your car, and pay a $125 fee to reissue your drivers license.
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
* A first offense will result in a 1-year suspension.
* A second offense within 7 years will result in a 2-year revocation.
* A third or subsequent offense within 7 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
* A first offense will result in a 1-year suspension.
* A second offense within 7 years will result in a 2-year revocation.
* A third or subsequent offense within 7 years will result in a 3-year revocation.
TYPICAL CRIMINAL PUNISHMENT SENTENCE FOR A FIRST TIME DUI:
1st Offense, No prior DUI Offense
* License Suspension: 6 Months
* Probation: 1-5 Years
* Mandatory Alcohol Classes: 3 to 9 Months
* Fines: $390.00 to $1,000.00
* Possible Jail: 0 to 6 Months
Second Offense within 10 years
* Possible Jail: 96 hours to 1 Year
* License Suspension: 2 Years
* Mandatory Alcohol Classes: 18 Months
* Fines: $390.00 to $1,000.00
* Probation: 1-5 Years
Third Offense within 10 years
* Possible Jail: 4 Months to 1 Year
* License Suspension: 3 Years
* Multiple Offender DUI school: 18 Months
* Fines: $390.00 to $1,000.00
* Probation: 1-5 Years
Fourth Offense within 10 years
**Can be filed as a felony
* Possible Jail: 6 Months to 3 Years
* License Suspension: 4 Years
* Multiple Offender DUI school: 18 Months
* Proposed Fines: $390.00 to $1,000.00
* Probation: 1-5 Years (or state prison)
In some cases, a DUI can be reduced to a wet reckless, or dry reckless, speeding or drunk in public.
Potential benefits of pleading to a "WET RECKLESS" Vehicle Code § 23103 and 23103.5 . :
*Lesser or No Jail Time
*Shorter Probation Period
*Shorter Alcohol Program
*Court is not required to restrict or suspend driver's license
However, keep in mind that a Wet Reckless is still priorable for 10 years and will be viewed as a DUI if you are later charged with another DUI.
Contact Us to consult a DUI lawyer.
DUI With Injury Defined
An intoxicated driver who causes an accident in which another person is injured can be charged with "drunk driving with injury." California Vehicle Code Section 23153 defines the offense:
It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage or drug [or with a BAC of .08 or higher], to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver
More Serious Penalties for "DUI With Injury"
The charge of DUI with injury carries much more serious consequences than a standard first time DUI offense. If the district attorney charges it as a misdemeanor, a client faces up to a year in jail (plus the other standard DUI penalties). If the district attorney charges it as felony DUI, a client faces up to 3 years state prison (plus an additional year for each additional person who is injured).
Also note that if any of the injured parties has serious injuries, a DUI client may be charged with a "great bodily injury" enhancement. This is significant becuase this adds up to three additional years of state prison.
**The "great bodily injury" enhancement makes the DUI offense a strike under California's Three Strikes law.
You should contact our Oakland office at (510) 834-8777 or San Jose office at (408)975-9321. You can receive a free 30 minute DUI defense consultantion from an experienced DUI lawyer.
The Oakland DUI office of Phan, Nguyen & Associates LLP is conveniently located in the Lake Merritt area of Oakland 2 blocks from the (20th Street) BART at
Lake Merritt Plaza Building
1999 Harrison Street, Suite 600
at the corner of 20th and Harrison
Oakland, CA 94612
DUI Resources
DUI Penalty Chart
California DMV Hearing Request
We Wrote the Book
DUI Offices
San Francisco DUI
Oakland DUI
San Jose DUI
Northern California DUI
Types of DUI Cases
Underage DUI
Second DUI
Felony DUI
Drunk in Public
DUI Refusal
DUI Excessive speed
DUI With Injury
DUI Attorneys
DUI Lawyers
Oakland DUI Lawyer - Alameda County
The DMV in California keeps DUI convictions on your DMV record for a minimum of 10 years. A result of a DUI on your record can possibly lead to higher auto insurance costs as well as also jeopardize your credit rating and employment. The penalties for a DUI increase significantly if you have had other factors including prior DUI convictions, if you were stopped for speeding, or if you had an accident while driving under the influence.
DMV administrative hearings for the city of Oakland and other Alameda County DUI cases are typically handled from the DMV Oakland administrative office located in Oakland. If you have been recently arrested for a DUI, you strongly suggested to fax a request to the DMV for a California DMV administrative hearing. The information for the Oakland DMV administrative hearing office is below:
DMV Administrative Office
303 Hegenberger Road
4th Floor, Suite 400
Oakland, CA 94621
Phone: (510) 563-8900
Fax: (510) 563-8950
IF YOU HAVE JUST BEEN ARRESTED FOR DUI YOU MAY HAVE YOUR LICENSE SUSPENDED
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
If you lose the DMV APS hearing:
* A first offense will result in a 4-month suspension. (you must wait 30 days from the start of the license suspension before you can apply for a restricted license. See Vehicle Code 13353.7 . To get the restricted license, you must (1) be enrolled in the 3 month first offender alcohol program, (2) have your SR-22 proof of insurance, and (3) Pay the DMV fee.
* A second offense will result in a 2 year license suspension.. (You can apply for a restricted drivers license in as early as one year. See Vehicle Code 13352(a)(3). To get the restricted license, you must (1) be enrolled in the 18 month alcohol program, (2) have your SR-22 proof of insurance, (3) Pay the DMV fee and (4) have installed an ignition interlock device on your vehicle. The restricted license allows you to drive to work, school and an alcohol program during the balance of the two-year suspension period.
* A third offense will result in a three-year drivers license suspension. (If you do get hit with the three-year license suspension, you may obtain a restricted license in as early as 18 months. But you must first have completed at least the initial 12 months of an 18-month or 30-month alcohol program (depending on which one the court imposes). You must also have your SR-22 proof of insurance, have an ignition interlock device installed in your car, and pay a $125 fee to reissue your drivers license.
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
* A first offense will result in a 1-year suspension.
* A second offense within 7 years will result in a 2-year revocation.
* A third or subsequent offense within 7 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
* A first offense will result in a 1-year suspension.
* A second offense within 7 years will result in a 2-year revocation.
* A third or subsequent offense within 7 years will result in a 3-year revocation.
TYPICAL CRIMINAL PUNISHMENT SENTENCE FOR A FIRST TIME DUI:
1st Offense, No prior DUI Offense
* License Suspension: 6 Months
* Probation: 1-5 Years
* Mandatory Alcohol Classes: 3 to 9 Months
* Fines: $390.00 to $1,000.00
* Possible Jail: 0 to 6 Months
Second Offense within 10 years
* Possible Jail: 96 hours to 1 Year
* License Suspension: 2 Years
* Mandatory Alcohol Classes: 18 Months
* Fines: $390.00 to $1,000.00
* Probation: 1-5 Years
Third Offense within 10 years
* Possible Jail: 4 Months to 1 Year
* License Suspension: 3 Years
* Multiple Offender DUI school: 18 Months
* Fines: $390.00 to $1,000.00
* Probation: 1-5 Years
Fourth Offense within 10 years
**Can be filed as a felony
* Possible Jail: 6 Months to 3 Years
* License Suspension: 4 Years
* Multiple Offender DUI school: 18 Months
* Proposed Fines: $390.00 to $1,000.00
* Probation: 1-5 Years (or state prison)
In some cases, a DUI can be reduced to a wet reckless, or dry reckless, speeding or drunk in public.
Potential benefits of pleading to a "WET RECKLESS" Vehicle Code § 23103 and 23103.5 . :
*Lesser or No Jail Time
*Shorter Probation Period
*Shorter Alcohol Program
*Court is not required to restrict or suspend driver's license
However, keep in mind that a Wet Reckless is still priorable for 10 years and will be viewed as a DUI if you are later charged with another DUI.
Contact Us to consult a DUI lawyer.
DUI With Injury Defined
An intoxicated driver who causes an accident in which another person is injured can be charged with "drunk driving with injury." California Vehicle Code Section 23153 defines the offense:
It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage or drug [or with a BAC of .08 or higher], to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver
More Serious Penalties for "DUI With Injury"
The charge of DUI with injury carries much more serious consequences than a standard first time DUI offense. If the district attorney charges it as a misdemeanor, a client faces up to a year in jail (plus the other standard DUI penalties). If the district attorney charges it as felony DUI, a client faces up to 3 years state prison (plus an additional year for each additional person who is injured).
Also note that if any of the injured parties has serious injuries, a DUI client may be charged with a "great bodily injury" enhancement. This is significant becuase this adds up to three additional years of state prison.
**The "great bodily injury" enhancement makes the DUI offense a strike under California's Three Strikes law.
You should contact our Oakland office at (510) 834-8777 or San Jose office at (408)975-9321. You can receive a free 30 minute DUI defense consultantion from an experienced DUI lawyer.
The Oakland DUI office of Phan, Nguyen & Associates LLP is conveniently located in the Lake Merritt area of Oakland 2 blocks from the (20th Street) BART at
Lake Merritt Plaza Building
1999 Harrison Street, Suite 600
at the corner of 20th and Harrison
Oakland, CA 94612
DUI Resources
DUI Penalty Chart
California DMV Hearing Request
We Wrote the Book
DUI Offices
San Francisco DUI
Oakland DUI
San Jose DUI
Northern California DUI
Types of DUI Cases
Underage DUI
Second DUI
Felony DUI
Drunk in Public
DUI Refusal
DUI Excessive speed
DUI With Injury
DUI Attorneys
DUI Lawyers
Oakland DUI Lawyer - Alameda County
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